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Friday Feb. 19, 2010

       TownMeeting
       Agenda for Feb. 23, 2010                       Stimulus Tracker requested...
                                                                                                          clk the blue for Martin et al clk arrows bottom
                                                                                                          right to scroll thru to marin projects.
TOWN OF SEWALL'S POINT  
Don OSTEEN Mayor - MARK KLINGENSMITH Vice Mayor - PAUL SCHOPPE Commissioner - NEIL SUBIN Commissioner
JACQUI THURLOW-L1PPISCH Commissioner

ROBERT L. KELLOGG Town Manager ANN-MARIE S. BASLER Town Clerk ERIC CERNIGLIA Chief of Police JOHN ADAMS Building Official
JOSE TORRES Maintenance

    TO:All Commissioners, Town Atty, the Public

FROM:  Don Osteen, Mayor  the Public

SUBJECT: There will be a Public Hearing of the Town Commission on Tuesday, February 23, 2010 at 7:00 P.M. at the Town Hall with
a Regular Meeting of the Town Commission to commence immediately following the Public Hearing

PUBLIC COMMENT IS ENCOURAGED: Please fill in a comment form and return it to the Town Clerk before discussion on an agenda item
has begun. Please limit comments to three (3) minutes.

As a courtesy to those in attendance it would be appreciated if questions for an individual Commissioner were addressed by
telephone, in writing, or in person, outside of the meeting.

PUBLIC HEARING AGENDA

1. Call to Order

·         Pledge of Allegiance

·         Roll Call

·         Approval of Agenda

2.       Special Exception request - Owner of 66 South Sewall's Point Road, Sewall's Point, Fl, requests use of a small portion of home
 for the production and printing of photographs on a small-scale basis.

 Hopefully the resident is granted his request. His application does no harm to any neighbor or the Town& residents as a whole.
Thought we had an Ordinance in place already allowing businesses in homes?! Many residents currently have same.

3. Adjourn To "Regular Meeting Agenda"

Public Hearings & Presentations: a.      Jayne Bergstrom, SFWMD, Martin/St. lucie Service Center Director
Proclamation declaring "Water Reuse Week"
 

b.       Ordinance No. 354 "Construction and Contractors' Hours," Second Reading Cst Adoption ­Cmsr. Klingensmith
  Phew! Second & Final Reading !!!!!!

c. Ordinance No. 355 "Noise," Second Reading &: Adoption - Cmsr. Klingensmith
     Phew! Second & Final Reading !!

 

3. Consent Agenda:

a.       Approval of Minutes: January 26,2010
    See official minutes following  this Agenda

b.       Approval of Financial Reports for January 2010
   
   

c.       Approval of Disbursements #13406-13467 for the Month of January 2010

d.       Water Reuse Week

e.       Water Conservation Month

f.        Resolution No. 698 - Amendment to Articles of Incorporation, TCLLG

4. Town Manager's Comments - Town Manager Kellogg
                
            2 new police cars have been ordered, arrival mid May. 2 more new police cars 2010/11 budget.
               building dept. SUV to go to Police Dept. & old cop car to building dept. maybe.

            has asked Captec Enginneering to discuss alternative materials for sidewalks w/DEP. Flex Paveman
         
          "porus concrete, rubber blocks". Howe about real concrete with drainage on either edge or just forget it!

             Use whatever for Comsr.Schoppe'e  project, Miramar to Town Hall leave the rest alone! Or get grant for real concrete as
         per Martin County's Grant   RFP 2010 - 2320 real concrete sidewalk grant APPROVED !!

S. Comments from Commissioners on topics not on the agenda

            Let's put Cell Tower on referendum:  Vice mayor Klingensmith.   







 

6. Adjourn f any person decides to appeal any decision made by the Town commission with regard to any matter considered at such meeting or hearing, he/she will need to ensure that a verbMim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based

 

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Tuesday, Jan. 26, 2010

One of the most important events in South Sewall's Point history is taking place at tonight's Town Meeting. See Agenda
item "4. e. Authorize Town Manager to execute 319 Grant Agreement between Town and the Department of Environmental
Protection".
        What this is is the paving of South S. Pt. Rd from Town Hall to "High Point" with the material made up of tires, trap rock and epoxy
        binder (glue). This material is alread coming apart at the intersection of S. Ridgeview Rd. & S. SPT Rd.! See the photo album here:
        View Album
The Meeting: Short term GOOD NEWS; Vice Mayor Klingensmith pulled item 4,e ( accepting the 319 grant for using
     "Flex Pave" Junk) , rest of "Consent Agenda" approved.


       This could be the most damaging project to your/our PROPERTY VALUES ever to take place in the Point! What's particularly
       disturbing is that the residents to be most affected DON"T even know about it!
       Additionally it has been placed on the "Consent Agenda' which means if NO Comsr. pulls it it passes by voice vote with NO further
       discussion!

       Also disturbing is that there are those that think of a "Grant" as free money. really/ It's the taxpayers money! This junk is soft & spongy
       the kids don't (can't) skate board on it & bikers won't ride on it cause it is spongy. Walk it!
 
      

     TOWN OF SEWALL'S POINT

 

Mayor  Don Osteen - Mark Klingensmith Vice Mayor - PAUL SCHOPPE Commissioner - NEIL SUBIN Commissioner -
JACQUI THURLOW-L1PPISCH Commissioner
ROBERT L. KELLOGG Town Manager ANN-MARIE S. BASLER Town Clerk ERIC CERNIGLIA Chief of PoliceJOHN ADAMS Building Official
JOSE TORRES Maintenance

TO: All Commissioners, Town Attorney, the Public

FROM: Don Osteen, Mayor

SUBJECT: Regular Meeting of the Town Commission
 

Tuesday, January 26,2010 at 7:00 P.M. at the Town Hall

PUBLIC COMMENT IS ENCOURAGED: Please fill in a comment form and return it to the Town Clerk before discussion on an agenda item has begun. Please limit comments to three (3) minutes.

As a courtesy to those in attendance it would be appreciated if questions for an individual Commissioner were addressed by telephone, in writing, or in person, outside of the meeting.

AGENDA

1. Call to Order

·         Pledge of Allegiance

·         Roll Call - Comsr's Subin & Schoppe absent

·         Approval of Agenda

2. Comments from the public on topics not on the agenda
                     Resident Dr. Winer, "no relation to former commissioner Winer" stated that he thought the CELL TOWER debate
                     was cut short and that he had called several residents and they had no objections to the cell tower. Dr. Winer
                     stated that the residents should decide, it should be put on a referendum". WE AGREE!

                                                                                         pictured is the Juno beach cell tower
                                                                                         NO Guy Wires, about 125' tall by 48' at
                                                                                         base tapering to 24;' at peak.
                    Dr Winers reason for wanting it is the same as mine & we believe 90% of the residents.
                    The writer has to walk out of his home to the middle of Middle Rd., High Point to get
                    reception. My cell is used primarily for emergencies, i.e., 93 year old Mom can reach me
                    and I can tell on BAD pick up trucks & Contractors! maybe even report & accident that
                    later cannot be retrieved by a resident as per my request & refused by Lt. Tina. More on
                    later. No rotating beacon will be required! It might even distract the passers-by from the
                   tilting FPL poles & big green storage tanks! Old Glory always gets my attention!

                   Resident Dave Shore went to the podium to tell the Commission/complement Building Official on the thoroughness
                   of same, John Adams. No airport comments or rotating cell tower beacon info.


3. Public Hearings &, Presentations:

a.       Tracy Henkes, Executive Director, Martin/Okeechobee Unit of the American Cancer Society

b.       Proclamation in Honor of Making Strides Against Breast Cancer
     Presentation by Tracy Henkes & Rosalind's Fitness Studios; Breast Cancer Society awareness monthly
     walks beginning at Harbor Bay Plaza  Feb. 6 @ 8 am.Proclamation read into the record by Town Atty.

c.       Ordinance No. 354 "Construction and Contractors' Hours," First Reading ~ Cmsr. Klingensmith
     passed 3-0, Comsr's Schoppe & Subin absent

d.       Ordinance No. 355 "Noise," First Reading ~ Cmsr. Klingensmith
    passed 3-0, Comsr's Schoppe & Subin absent       

4. Consent Agenda:

a.       Approval of Minutes: December 8, 2009 and January 12, 2010

b.       Approval of Financial Reports for December 2009

c.       Approval of Disbursements #13350~ 13405 for the Month of December 2009

d.       Approval of Resolution No. 697 Authorizing Participation in Treasure Coast Regional League of Cities

           e.       Authorize Town Manager to Execute 319 Grant Agreement between the Town and the Department of
           Environmental Protection (pulled)
The meeting: The Meeting: Short term GOOD NEWS; Vice Mayor Klingensmith pulled item 4,e ( accepting the 319 grant for using
     "Flex Pave" Junk) , rest of "Consent Agenda" approved.

           NOT IN MY FRONT YARD! View Album

     f.        Election Announcement
                  Mayor Osteen withdrew, or:               
                 Pending election invalid as electoral procedure was NOT followed! Improper Notice: last day to file for
                 vacant Comsr seats Notice not posted 30 days prior to! A notice was posted on Town Bulletin Board w/no date
                 on that notice! Incredibly POOR management of a very important issue! How about lighting up the
                 eelctric sign infront of Town hall? How about posting Election notice on Board? How about election notice in last
                 Town hall resident NewsLetter?!!! Time for a new Town Manager? YES! get new person 1/2 the price.

5. Town Manager's Comments ~ Town Manager Kellogg
                                  Due to my failure to properly notify residents of Commissioner vacancies I here by resign effective feb 14 Valentines day!

6. Comments from Commissioners on topics not on the agenda
7. Adjourn

One South Sewall's Point Road, Sewall's Point, Florida 34996 Town Hall (772) 287-2455 • Fax (772) 220-4765 •
                          E-Mail: clerk@sewallspoint.martin.fl.us 0-Police Department (772) 781-3378 • Fax (772) 286-7669 • E-Mail: sppd@sewallspoint.martin.fl.us

If any person decides to appeal any decision lnade by tile Town C0mmission with regard to any matter considered at such meeting or bearing
he/she will need to ensure that a verbatim record*  of the proceedings is made, which record includes the tes6mony and evidence upon which the
 appeal is to be based.
* verbatim record virtually impossible if the Town does not have same.

 

 

 

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Jan 8, 2010

       TOWN OF SEWALL’S POINT
ROBERT L. KELLOGG Town Manager -  ANN-MARIE S. BASLE Town Clerk - ERIC CERNIGLIA Chief of Police - JOHN ADAMS Building Official
JOSE TORRES - Maintenance

Agenda

TO:  All Commissioners, Town Attorney, the Public 

FROM:        Don Osteen, Mayor 

SUBJECT:  There will be a Workshop Meeting of the Town Commission

                        Tuesday, January 12, 2010 at 7:00 P.M. at the Town Hall 

PUBLIC COMMENT IS ENCOURAGED:  Please fill in a comment form and return it to the Town Clerk before discussion on an agenda item
has begun.  Please limit comments to three (3) minutes.

 

As a courtesy to those in attendance it would be appreciated if questions for an individual Commissioner were addressed by telephone,
 in writing, or in person, outside of the meeting. 

AGENDA

 

1.        Call to Order:

·      Pledge of Allegiance

·      Roll Call

·      Approval of Agenda
 

2. Comments from the public on topics not on the agenda
   
                            webwriter: Whats up w/over the limit pick ups in driveways after 5, all night? Didn't think the 5000# Ordinance
                            was supposed to be complaint driven? Whats next boat trailers OK?

 

3. Old Business:
   1. Discussion of Cell Tower Lease - Mayor Osteen
   2. Internet phone gadget unveiled at CES sparks controversy (AP) clk blue to read article.
      Would be great it Pointers had the same opportunity as the rest of America. i.e., drop their phone carrier, AT&T
      Comcast etc & use cell phones exclusively. Unfortunately cell phone signal very poor in most all of the Point.
   3. The following pic is of cell tower in Juno @ A1A & beach Rd. No guy wires. Clean neat appearance. Would fit nicely behind
      Town Hall:
   4. 

       

       

       

       

       

      TURNS OUT THIS IS NOT A CELL TOWER FOR CELL PHONES BUY A WI MAX TOWER FOR WIRELESS INTERNET SERVICE !!!
      CERTAINLY NOT SOMETHING I'M INTERESTED IN.

       

       

       

       

       

       

      Cell Tower Juno Clk here for photos

   5.  
   6.  

       

       

       

       

       

       

       

       

       

       

       

4. 4. New Business:
    
   1. Discussion of Fence Regulations, §82-275 - Cmsr. Thurlow-Lippisch
   2. Discussion of Prohibiting Fill on lots in Flood Zone - Cmsr. Thurlow-Lippisch
      * c. Discussion of Sidewalk Enhancement - Funding/MPO – Mayor Osteen and Cmsr. Schoppe
      
      This stuff most always looks like JUNK! See pics:    @ "Photo Gallery this page.
      
      from "Post Comments" this site:

      Date:   12/17/2009, 9:42 am, EST Name:   Side Walk Lover Subject:   Awful Looking Waste of Money Number:   1,199

      First, this 3rd world country crap should be dug up, second, town should have a referendum to see if the majority of the town wants to spend the money,third , is the material toxic and does it burn. Has anyone ever seen a fire of rubber tires? Very hard to extinguish and would probable spread into oaks and homes. if this side walk is for kids to ride to the park on , this is teaching kids to break the law, riding on sidewalks and against traffic? The concrete in the new Publix parking lot has a much nicer look and accomplishes the same thing. Who wants this ugly thing in our, otherwise, nice looking town? Have the vote by the towns people, not only the commissioners, like Martin County seems to do!

      Web writer: This stuff most always looks like crap. Weeds branches debris of all sorts seem to hang out on it forever. Unlike grass or weed where
      material blends in and eventually disappears. This is NOT what I want my MAIN STreet to look like!
      
      
      
      
      
      
       

5. Town Manager’s Comments – Town Manager Kellogg
   
                 "Asking the Commission to extend the time limit for filing to run for Town Commission seat, I forgot to put it in the
                 last public mailing or advertise the election, I think?"

 

6. Comments from Commissioners on topics not on the agenda

 

7. Adjourn

                 * Added, change from original schedule. 

If any person decides to appeal any decision made by the Town Commission with regard to any matter considered at such meeting or hearing, he/she will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the  appeal is to be based.

       2 Comsr. seats open currently occupied by Don Osteen & Neil Subin are open ?

      Don Osteen has signed up to run for a second term. Neil Subin says "Gone Fishin" ie., "NO WAY"
      Town needs candidates. Please consuder running for a Commission seat. It is very important.
      The writer would run but how could I do this column?

      re: "Don Gleichman screwed up at last nights Twn Mtg as after he examined the "Disbursements" in
           in detail he asked, " why is it we spend so much on "auditing? I thought that happened once a year?"
           And another about a " police car that shouldn't be going home ". That story in full here later.
           "And why can't/don't we get access to Police reports in a timely manor, Comsr. thinks that is a Sunshine Violation:
           i.e. Lt. Tina's refusal to share police report on accident at east Ocean and S. Sewall's Point Rd. to the writer.

           Reminded of that incident after we saw a bicycle rider get hit by a UPS van on Rte I just North of Roosevelt bridge last week.

           Lt.T.  said; "report not available till 3 to 6 months after incident", the writer heard that over the on scene officer's cell phone after he
           called after the wreiter asked "what happened?" Imagine that!

            Might be wise to let the public know abouit those accidents/incidents immediately. residents would be on ALERT to be carefull of UPS
            or Fed Ex trucks stopped, anywhere, they star up and takeoff rapidly.

           Comsr. Don Gleichman. Said "Seems that any time a Medivac helio lands in the Point we get the silent treatment.
           i.e., former mayor Wienke's traffic calming accident when a so called "Intoxicated' driver hit the traffic calmer.
           P.s. The driver was NOT intoxicated just blinded by heavy thunderstorm.

 

December 8, 2009

TOWN OF SEWALL’S POINT

One South Sewall's Point Road, Sewall's Point, Florida 34996

Town Hall (772) 287-2455 • Fax (772) 220-4765 • E-Mail: clerk@sewallspoint.martin.fl.us

Police Department (772) 781-3378 • Fax (772) 286-7669 • E-Mail: sppd@sewallspoint.martin.fl.us

JOSE TORRES Maintenance ROBERT L. KELLOGG Town Manager ANN-MARIE S. BASLER  Town Clerk ERIC CERNIGLIA Chief of Police JOHN ADAMS Building Official

 

DON OSTEEN Mayor - MARK KLINGENSMITH Vice - NEIL SUBIN Commissioner - JACQUI THURLOW-LIPPISCH Commissioner - PAUL SCHOPPE Commissioner

 

TO: All Commissioners, Town Attorney, the Public

FROM: Don Osteen, Mayor

SUBJECT: There will be a Workshop Meeting of the Town Commission on Tuesday,

December 8, 2009 at 7:00 P.M. at the Town Hall with a Regular Meeting of the Town Commission to commence
 immediately following  the Workshop Meeting.

PUBLIC COMMENT IS ENCOURAGED: Please fill in a comment form and return it to the Town Clerk before discussion on an agenda
 item has begun. Please limit comments to three (3) minutes.

As a courtesy to those in attendance it would be appreciated if questions for an individual Commissioner were addressed by telephone,
 in writing, or in person, outside of the meeting.

WORKSHOP AGENDA

1. Call to Order:

• Pledge of Allegiance

• Roll Call

         4 - :  w/Comsr. Subin absent Gone Fishin:  Excuse me, meant to say "oh spat!" as in oyster.

•



























Approval of Agenda

2. Discussion of Construction Work/Contractor Hours - Vice Mayor Klingensmith

                        Pretty much done/OK. No comments from public

3. Discussion of Membership in Treasure Coast Regional League of Cities - Cmsr.Thurlow-Lippisch

                        JTL says good for us

4. Adjourn

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REGULAR MEETING AGENDA

1. Call to Order

• Pledge of Allegiance

• Roll Call   4 "here" 1 gone fishin          

         No change:

• Approval of Agenda

         No changes

 

Comments from the public on topics not on the agenda

3. Public Hearings & Presentations:

a. Oyster Restoration Project - Gary Roderick, Chief of the Division of Environmental Quality, Martin County - Cmsr. Thurlow-Lippisch

          Hope it works:
          Oyster Spat in foreground

           Will bring back the Marlins? :
           Seems to be working Marlins 7 & 6 !

b. Ed Gifford, Bio Green - Cmsr. Thurlow-Lippisch

            Went to Middle school w/JTL! fertilized our A1A Oak trees free of charge w/Bio Green, edible fertilizer*
            

4. Consent Agenda:

a. Approval of Minutes: October 27 and November 10, 2009
            OK'd

b. Approval of Financial Reports for October 2009
            Need some follow up

c. Approval of Disbursements #13250-13300 for the Month of October 2009
            Appears Town Mgr. has abandon'd  altogether use of "Quicken" i.e., payouts to White Heat and "auditor"
            Wondering why you pay an auditor to balance our check book?

d. Approval of Disbursements #13301-13349 for the Month of November 2009
            Same as c.

5. New Business:

a. Approval of appointments to the Board of Zoning & Adjustment
             Douyette Price didn't get it, signed up to late. JTL says, "Douyette special" ?
           

6. Town Manager’s Comments - Town Manager Kellogg
             More later have to run have a hot (?) date w.PP

7. Comments from Commissioners on topics not on the agenda
             JTL

8. Adjourn

 

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TO:                                All Commissioners, Town Attorney, the Public 

FROM:        Don Osteen, Mayor 

SUBJECT:  There will be a Workshop Meeting of the Town Commission

                        Tuesday, November 10, 2009 at 7:00 P.M. at the Town Hall

 

PUBLIC COMMENT IS ENCOURAGED:  Please fill in a comment form and return it to the Town Clerk before discussion on an agenda item has begun.  Please limit comments to three (3) minutes.

 

As a courtesy to those in attendance it would be appreciated if questions for an individual Commissioner were addressed by telephone, in writing, or in person, outside of the meeting. 

 AGENDA

 

1.        Call to Order:

·      Pledge of Allegiance

·      Roll Call

·      Approval of Agenda

 

2. Introduction of new Service Center Manager of the Stuart SFWMD – Jayne Bergstorm

 

3.       Discussion DEP 319 Grant/Storm Drainage Sidewalks - Town Manager Kellogg &

Town Engineer Capra selling fake rubber/plastic/epoxy stuff to who? & Why? Hey Joe 7 Town Manager don't want fake sidewalks!


ONLY THE REAL THING, I.E. CONCRETE. TRY FOR A GRANT USING "PERMEABLE CONCRETE'!!!!
STOP PUSHING THIS FAKE STUFF ON OUR MAIN STREET!

 

4. Discussion of Flood Loss Mitigation Grant Applications - Building Official Adams
   
                 Word has it that building Official John Adams has located possible 100% grant finds to raise flood prone homes!
                  Thats a WOW! if it works.

 

5. Discussion of Construction Work/Constractor Hours - Vice Mayor Klingensmith
               last meeting didn't cut it. Still a few issues, namely is it a relative helping out or a contractor?
              This writer hasn't seen contractors working on Sundays, hurricane repair the exception. Writer suggested
              inserting "anyone for hire".
                   

 

6.       Adjourn  

 

 

If any person decides to appeal any decision made by the Town Commission with regard to any matter considered at such meeting or hearing, he/she will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

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TO:                        All Commissioners, Town Attorney, the Public

         

 

FROM:                                Don Osteen, Mayor,  Mark Klingensmith Vice, Neil Subin Comsr., Jaqui Thulow L, Comsr. (Sandy's daughter) Born Here,
                                                                                                                      Paul Schoppee, Comsr, MD (feet).

 

SUBJECT:          Final Public Budget Hearing/Regular Meeting of the Town Commission

                                Tuesday, October 27, 2009 at 7:00 P.M. at the Town Hall

 

PUBLIC COMMENT IS ENCOURAGED:  Please fill in a comment form and return it to the Town Clerk before discussion on an agenda item has begun.  Please limit comments to three (3) minutes.

 

As a courtesy to those in attendance it would be appreciated if questions for an individual Commissioner were addressed by telephone, in writing, or in person, outside of the meeting. 

 

AGENDA

1. Call to Order

·         Pledge of Allegiance

·         Roll Call

·         Approval of Agenda 

2. Comments from the public on topics not on the agenda

 

3. Public Hearings & Presentations:
   1. Approve appointment to the Board of Zoning & Adjustment –

b.       Review Evaluation & Appraisal Report ~ Town Manager Kellogg

 

4. Consent Agenda:
   1. Approval of Minutes: September 17 and 22, 2009
   2. Approval of Financial Reports for September 2009
   3. Approval of Disbursements #13191-13249 for the Month of September 2009
   4. Change Veterans’ Day (November 11, 2009) to December 31, 2009 as Employee Day Off
   5. Appropriation Amendment: Transfer $3,400  From:  541.680  To:  525.450

 

5.       Old Business:

1. Approval of Ordinance No. 342, Noise, Second Reading & Adoption - Mayor Osteen
2. Approval of Ordinance No. 350, Noxious Weeds, Second Reading & Adoption - Cmsr. Thurlow-Lippisch
3. Discussion of DEP 319 Grant/Storm Draining Sidewalk - Town Engineer Capra

 

6. New Business:
   1. Approval of Ordinance No. 354, Construction Work, First Reading - Mayor Osteen

 

7. Town Manager’s Comments - Town Manager Kellogg

 

8. Comments from Commissioners on topics not on the agenda

 

9. Adjourn

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If  any person decides to appeal any decision made by the Town commission with regard to any matter considered at such meeting or hearing, he/she will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

 

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TOWN OF SEWALL’S POINT

 

One South Sewall's Point Road, Sewall's Point, Florida 34996

ROBERT L. KELLOGG Town Manager - ANN-MARIE S. BASLER Town Clerk - ERIC CERNIGLIA Chief of Police - JOHN ADAMS Building Official

Town Hall (772) 287-2455 • Fax (772) 220-4765 • E-Mail: clerk@sewallspoint.martin.fl.us

Police Department (772) 781-3378 • Fax (772) 286-7669 • E-Mail: sppd@sewallspoint.martin.fl.us

DON OSTEEN Mayor  - MARK KLINGENSMITH Vice Mayor - PAUL SCHOPPE Commissioner - NEIL SUBIN Commissioner - JACQUI THURLOW-LIPPISCH Commissioner

TO: All Commissioners, Town Attorney, the Public

FROM: Don Osteen, Mayor

SUBJECT: Final Public Budget Hearing/Regular Meeting of the Town Commission

Tuesday, September 22, 2009 at 7:00 P.M. at the Town Hall

PUBLIC COMMENT IS ENCOURAGED: Please fill in a comment form and return it to the Town Clerk before discussion on an agenda item has begun.
 Please limit comments to three (3) minutes.

As a courtesy to those in attendance it would be appreciated if questions for an individual Commissioner were addressed by telephone, in writing, or in person,

outside of the meeting.

AGENDA

1. Call to Order

• Pledge of Allegiance

• Roll Call

• Approval of Agenda

2. Proposed Millage for Fiscal Year 2009-2010 ~ Town Manager Kellogg

a. Percentage increase over the rolled back rate necessary to fund the budget

b. Comments from the Public

c. Comments from the Commission

d. Motion to adopt the final millage rate by Resolution (No. 695)

3. Proposed Budget for Fiscal Year 2009-2010 ~ Town Manager Kellogg

a. Comments from the Public

b. Comments from the Commission

c. Motion to adopt the final budget by Resolution (No. 696)

4. Public Hearings & Presentations:

a. Approval of Historic Preservation Month “Proclamation” – Cmsr. Thurlow-Lippisch

b. Approval of Resolution No. 697, “Historic Preservation Month/Frederic M. Ayres III” – Cmsr. Thurlow-Lippisch

c. Approval of Resolution No. 698, Commending and Honoring Charles “Chuck” Phaneuf – Cmsr. Thurlow-Lippisch
                                 misprint add: webwriter aka flashg36
                             
d. Approve appointment to the Board of Zoning & Adjustment

5. Consent Agenda:

a. Approval of Minutes: August 18 and 25, and September 8, 2009

b. Approval of Financial Reports for August 2009

c. Approval of Disbursements #13147-13190 for the Month of August 2009

d. Approval of Police Cruisers

             one Toyota Prius, one Ford Escape! (all hybrids)

6. Old Business:

a. Approval of Ordinance No. 352 Rental of Dwelling Units, Second

             gets rid of junk yard with multiple residents not related by family

          From last meeting: RENTAL ORDINANCE; - 22 PAGES: Click here to view the ordinance
           Underlined is new - Stricken is old language. does not reflect any changes that may be contained in the
           latest version if any.
                    

Reading & Adoption – Vice Mayor Klingensmith

b. Approval of Ordinance No. 353 Definition of “Family”, Second Reading &

          gets rid of junk yard with multiple residents not related by family KEY WORD FAMILY
          
         OCCUPANCY ORDINANCE - 10 PAGES: Click here to view the ordinance
          Underlined is new - Stricken is old language. does not reflect any changes that may be contained in the latest if any:
       

Adoption – Vice Mayor Klingensmith

7. New Business:

a. Approval of Ordinance No. 342, Noise, First Reading – Mayor Osteen

b. Approval of Ordinance No. 354, Construction Work, First Reading – Mayor Osteen

c. Approval of Ordinance No. 350, Noxious Weeds, First Reading – Cmsr.

Thurlow-Lippisch

8. Town Manager’s Comments – Town Manager Kellogg

9. Comments from Commissioners on topics not on the agenda

10. Adjourn

If any person decides to appeal any decision made by the Town commission with regard to any matter considered at such meeting or

hearing, he/she will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and

evidence upon which the appeal is to be based.

 

One South Sewall's Point Road, Sewall's Point, Florida 34996

Town Hall (772) 287-2455 • Fax (772) 220-4765 • E-Mail: clerk@sewallspoint.martin.fl.us

Police Department (772) 781-3378 • Fax (772) 286-7669 • E-Mail: Chief@sewallspoint.martin.fl.us

 

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RENTAL ORDINANCE - 22 PAGES: Click here to view the ordinance
OCCUPANCY ORDINANCE - 10 PAGES: Click here to view the ordinance
Thursday, September 17, 2008 at 7:00 P.M.

DON OSTEEN Mayor  TOWN OF SEWALL'S POINT

ROBERT L. KELLOGG Town Manager

|

TO: All Commissioners, Town Attorney, the Public
 

FROM: Don Osteen, Mayor

SUBJECT:       First Public Budget Hearing

Thursday, September 17, 2008 at 7:00 P.M. at the Town Hall
 

PUBLIC COMMENT IS ENCOURAGED: Please fill in a comment form and return it to the Town Clerk before discussion on an agenda item has begun. Please limit comments to three (3) minutes.

As a courtesy to those in attendance it would be appreciated if questions for an individual Commissioner were addressed by telephone, in writing, or in person, outside of the meeting.

 

AGENDA

1.   Call to Order

     • Pledge of Allegiance  • Roll Call  • Approval of Agenda

2.   Proposed Millage for Fiscal Year 2009-2010 - Town Manager Kellogg
             No tax increase, thanks all. 2.230 mils

a. Percentage increase over the rolled back rate necessary to fund the budget
             “ ince last meeting more budget cuts have been made” Twn. Mgr.
             

b. Comments from the public
             Thx for doing the hard stuff: cutting back even when it hurts.

c. Comments from the Commission
 

d. Resolution No. 693 to adopt the tentative millage rate
             Passes 6-0***
 

3. Proposed Budget for Fiscal Year 2009-2010 - Town Manager Kellogg
             SEE 5 PAGE BUDGET BELOW/SCROLL

a. Comments from the public
         Commissioner JTL was born & raised here. Hurray!
 

b. Comments from the Commission
          Commissioner JTL: I was born & raised here no new taxes!        

   

c. Resolution No. 694 to adopt the tentative budget

4. Adjourn
         *** webwriter asked to vote signifying public acceptance
 

If any person decides to appeal any decision made by the Town Commission with regard to any matter considered at such meeting or hearing, he/she will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

One South Sewall's Point Road, Sewall's Point, Florida 34996

Town Hall (772) 287-2455 • Fax (772) 220-4765 • E-Mail: clerk@sewallspoint.martin.fl.us Police Department (772) 781-3378 • Fax (772) 286-7669 • E-Mail: sppd@sewallspoint.martin.fl.us

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Sept 15, 2009
Working On posting 2009 - 2010 Budget, poor layout I would add, leaves much to be desired. How about simple page numbers?
Town of Sewall's Point Proposed 2009/2010 Budget 
 5 pages?
page 1:
95%  hello?

Revenue
311.1 • Ad Valorem Taxes	1,303,128
312.1 ■ Gas Tax	130,000
312.6 ■ Local Option Sales Tax	140,000
313.2 ■ State Communications Serv Tax	75,000
319 ■    Electric Franchise	155,000
320.1 ■ Town Licenses	1,000
322 ■    Building permits	140,000  DOWN FROM WHAT? 160,000 in Budget, What was actual rev ?
322.2 ■ Impact Fees	2,000
334.45 ■ SFWMD Grant Funds	0
334.49 • Forestry Grant	0
335.12 ■ State Revenue Sharing	50,000
335.13 ■ Fuel Tax Refund	1,000
335.15 ■ Alcoholic Beverage Tax	1,000
335.18 • 1/2 Cent Sales Tax	170,000
351.1 ■   Traffic Fines	27,000
351.2 ■   Civil Fines	1,000
351.3 ■   Police Education	1,000
351.50 ■ Engineering Fees	2,000
352.1 •    Police Dept Grant	1,000
361.1 ■   Interest	20,000
366.9 ■   Miscellaneous Revenue	15,000 A very thankful resident recently donated $5000. to Police for a job well done!
Total Revenue	2,235,128 -12.40%  9/08  $2,550,860***
General Administration:
525.31 . Ordinance Codification	3,000
525.32 . Audit Service	30,000
525.341 . Disaster Aid -Designated Fund	0
525.41 . T.H. Telephone	1,200
525.411 . Postage	4,000
525.45 . Liability/Property/Flood Insurance	68,000
525.480 . Legal assistance	42,000
525.49 . Legal Advertising	2,000
525.610' Engineering	2,500
Total General Administration    Expenditures:	152,700 - 8.40%
Public Safety - Police Dept:
521 . Vehicle Replacement	0
521.12 . Salaries/Wages	512,400
521.121 . Sick Leave / Health Care Reimb	4,000
521.13 . Clerical Assistance	0
521.14 . Overtime	10,000
521.141 . Court Overtime	3,000
521.15 . Holidays	21,680
521.151 . Sick Leave Incentive	1,000
521.155' Mileage Reimbursement	11,600
521.21 . FICA	38,700
521.22 . Pension	75,800
521.23' Life/Health Insurance	125,000
521.24 . Workers Compensation	17,000
521.31 . Professional Services	7,000
521.34 . Fire/Rescue	182,275
521.341 . Disaster Relief	500
521.4 . TravellPerDiem	1,000
521.41 . Telephone	7,500
521.45 . Auto Insurance	2,000
521.462 . Vehicle Repairs/Maint	12,000
521.465 . Radio Repairs/Maint	1,250
521.466· Equipment Repairs/Maint	6,500
521.467 . New Equipment	0
521.47' Printing	1,000
521.49 . Other Expenses	1,000
521.491 . Crime Prevention	500
521.51 . Office Supplies	5,300
521.520 . Operating Supplies	2,500
521.521 . Fuel/Oil	26,000
521.522 . Uniforms	2,700
521.523 . Enforcement Supplies	1,500
521.54 . Schools/Books	2,500
521.541 . Memberships/Subscriptions	1 ;700
Total Public Safety	1,084,905 1.60%
page 2
Building Dept
524.12 ■ Salaries	105,000
524.122 ■ Sick Leave/Health Care Reimb	1,500
524.14 ■ Part Time Employees	2,000
524.21 ■ FICA	9,500
524.22 ■ Pension	14,300
524.23 ■ Life/Health Insurance	14,000
524.24 ■ Workers Compensation	7,000
524.31 • Professional Services	5,000
524.4 • Travel/Per Diem	500
524.41 ■ Communications	1,500
524.420 ■ Training/Education	500
524.45 ■ Auto Insurance	900
524.46 • Computer Maintenance/upgrade	1,000
524.462 ■ Vehicle Repairs/Maintenance	500
524.47 ■ Printing	500
524.51 ■ Office Supplies	1,600
524.521 • Fuel/Oil	800
524.54 ■ Dues/Books	500
524.64 • Equipment	500
Total Building Dept	167,100 - 34.60%

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page 3:

Town Commission:

                  511.31 - Public Relations                                          10,000  08- 09 : ?
 
                  511.35 - Contingency                                                 7,500

                  511.4  -  Travel/Per Diem                                               200   No periods or $ signs.

                  511.47   Newsletter/Calender                                      2,000


Total Town Commission                                                          19,700


 

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page 5, last page?

Town Manager:
 

512.12 ■ Salary                                                                                                              $ 112,500

512.121 ■ Sick Leave/Health Care Reimbursement                                                                  1,000

512.21 ■ FICA                                                                                                                      6,900

512.22 •  Pension                                                                                                                16,500

512.23 ■ Life/Health Insurance                                                                                             13,500
 512.24-  Workers Comp                                                                                                          500
 512.4 ■  Travel / Per Diem                                                                                                    1,100
 512.49 • Training/Telephone/Other 1,100 512.54 ■ Dues/Books                                               3,200

Total Town Manager                                                                                                       156,300  - 1%*


 Town Boards & Engineering:
 

515.311 ■ BZA                                                                                                                    2,500
515.312 ■ Code Enforcement Board                                                                                      8,000
Total Town Boards & Engineering                                                                                        10,500

 

Total                                                                                                                             1,858,055 (total what)* try expenditures?
 

 

Town of Sewalls Point Capital ? Improvements?
 

541.310 ■ Engineering (Engineering services for Town projects)                                            5,000                                         

                                                                     
                                                                                                                                   

                     SCROLL DOWN FOR EXACT COPY OF 2009 - 2010 CAPITAL IMP. BUDGET                                                                      

Capital Improvements 2008 2009 Budget for Comp purposes"                                  2009 - 2010 Capital Improvement

01.10.541.310 Engineering  for Town Projects                            25,000        541.310 ■ Engineering (Engineering services for Town projects)               $ 5,000  

01.10.541.635 Sidewalk SSPR                                                   100,000       A Blank?    Waiting on Commission decision, i.e.,               NONE/nada

01.10.541.645 Town Parks Improvements                                   25,000        541.635 ■ Town Parks Improvements (Landscaping of Town Hall.)               5,000

01.10.541.660 Town Hall Building Improvements                        40,000       541.660 Town Hall Building                                                                                    5,000

01.10.541.670 Street Lights (Solar)                                              30,000       541.690 ■ Street Lights (purchase of new lights and replacements)               00.00

01.10.541.675 Drainage/Homewood                                           250,000      541.675   None anticipated?

01.10.541.677 Reserves                                                               50,000       541.680 Reserves                                                                     $ 302,073.

01.10.541.680 A1A Improvements                                                25,000       541.640 A1A Landscaping   WHY THE DIFFERENT line item NUMBERS?                                                                                           0

                                               08 - 09  Total                               545,000                                   09 - 10 Total Cap. Improvements          $ 377.073
 

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BUDGET SUMMARY

                   Total Revenue General Fund                        2,235,128.00  - 12.40% from 08-09       Total 2008 - 09     $2.550,060

Total Town of Sewalls Point Capital  Improvements 

541.340 Sidewalk Improvement

541.350 • Cor Street Improvements *                                                                                        0

541.630 ■ Car Storage Cabinets *                                                                                            0

541.635 ■ Town Parks Improvements (Landscaping of Town Hall.)                                         5,000

541.640 A1A Landscaping                                                                                                       0

541.660 Town Hall Building                                                                                                5,000

541.675 ■ Drainage Improvements (drainage Improvements in Town 0

541.680 ■ Reserves                                                                                                        302,073
541.690 ■ Street Lights (purchase of new lights and replacements)

541.700 Vehicle replacement                                                                                            60,000

                                                                                                                                 $  377,073   Real # $ 70,000.00

 

TOTAL EXPENDITURES                                                                                              $ 2,235,128      2008 - 09 $ 2,005,860

THE END 2009 - 20010 BUDGET

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$: colons the webwriters

Download the 2008-2009 Sewall's Point Budget
 

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Sept. 8 2009
TOWN OF SEWALL’S POINT

One South Sewall's Point Road, Sewall's Point, Florida 34996

Town Hall (772) 287-2455 • Fax (772) 220-4765 • E-Mail: clerk@sewallspoint.martin.fl.us

Police Department (772) 781-3378 • Fax (772) 286-7669 • E-Mail: sppd@sewallspoint.martin.fl.us

ROBERT L. KELLOGG Town Manager, ANN-MARIE S. BASLERTown Clerk, ERIC CERNIGLIAChief of Police, JOHN ADAMSBuilding Official


DON OSTEEN - Mayor, Commissioner MARK KLINGENSMITH- Vice Mayor,  NEIL SUBIN - Commissioner,
JACQUI THURLOW-LIPPISCH,- Commissioner, PAULSCHOPPE - Commissioner

TO: All Commissioners, Town Attorney, the Public

FROM: Don Osteen, Mayor

SUBJECT: There will be a Special Meeting of the Town Commission on Tuesday,
September 8, 2009 at 7:00 P.M. at the Town Hall with a Workshop

Meeting of the Town Commission to commence immediately following the Special Meeting.

PUBLIC COMMENT IS ENCOURAGED: Please fill in a comment form and return it to the Town Clerk before discussion on
an agenda item has begun.

Please limit comments to three (3) minutes. As a courtesy to those in attendance it would be appreciated if questions

for an individual Commissioner were addressed by telephone, in writing, or in person, outside of the meeting.

AGENDA

SPECIAL MEETING AGENDA

1. Call to Order:

2. Public Hearings & Presentations: "

·        ""We have scheduled a Special Meeting for Tuesday in order to have second reading of ordinance # 320, the Dock Ordinance.
 All publication requirements have been made and is now ready for consideration and adoption by the Commission."

a. Ordinance No. 320 Dock Ordinance, Second Reading & Adoption – Cmsr. Subin

         Expect Archipelago residents to make an appearance.

3. Consent Agenda:

a. Approval of Blue Cross/Blue Shield Health Insurance 9/1/09-8/31/10

          " Commission needs to approve the new Town health insurance and dental plans previously discussed with you at our August workshop.
            The new plans took effect on 9-1-09.

b. Approval of Standard Dental Insurance 9/1/09-8/31/10

4. Town Manager’s Comments – Town Manager Kellogg
             
       " the proposed budget includes the purchase of two new cruisers, I request the Commission authorize the ordering of these vehicles
        as it will be into next year's budget before we receive them and payment needs to be made"

5. Comments from Commissioners on topics not on the agenda

6. Adjourn

 

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AGENDA

WORKSHOP September 8, 2009 at 7:00 P.M.

1. Call to Order: • Pledge of Allegiance • Roll Call

• Approval of Agenda

2. Comments from the public on topics not on the agenda

3. Discussion of Construction/Noise Ordinance – Mayor Osteen

          After one year of work on this issue the entire ord, was SCRAPED at last reg. Mtg.
          This is now a start from SCRATCH approach. Most likely better than trying to fix/adjust the old Ord.

4. Discussion of Noxious Weed Ordinance – Cmsr. Thurlow-Lippisch

           Much discussion on this issue last few meetings. Hopefully the Commission will adopt an ordinance that attacks
           the most aggressive of the Non-Native trees & weeds. In this case the Meleluca & Brazilian pepper. We would also
           hope that the Australian Pine would be treated in a more favorable manor similar to Palm beaches approach which
           recognizes that hedge rows and some walkways bordered by Australian Pines  offer benefit to the community.

           "Enclosed is a copy of the changes made in the weeds ordinance. Jacqui has spent a lot of time in refining the ordinance
             to reflect the discussions  The ordinance calls for the removal of the Brazilian Pepper by May 1, 2010, Carrotwood by May 1, 2010 and the
             Melaleuca  by Decemberl, 2010, the remaining would be voluntary compliant driven .

           SEE PHOTO ALBUM HERE:  View Album  Trees not Noxious Weeds.

 

5. Budget 2010/TRIM – Town Manager Kellogg

            " A copy of the proposed 2009-2010 Budget for Board review.  Our first scheduled TRIM hearing is set for September 17, 2009.
                 Residents should soon be receiving their property tax statements which show the proposed tax rate and amount of taxes to be paid.
                 As you know, we are keeping the millage rate the same as last year, as 2.230 mills which is below the rollback rate we could have
                 imposed. n addition, I have made some adjustments to the recurring expenses in the Building Department "*

6. Petition to make Melody Lane Public -

           A petition requesting to make Melody Lane a public street and have the Town maintain it has been filed with the Town by the residents
           of the street. Currently the lane is nothing more than an alley of approximately 10' wide, and a surface of dirt and stone. It is  understood
           the lane was originally to run between South River road and South Sewall's Point Road, but was blocked when one of the owners installed a
           brick wall in the middle of the street, not wanting the traffic to go by his house. As you are aware, Town streets are normally 30' wide and
           have at least 20' of paved surface. Should the Commission consider this the Town Mgr. would recommend the owner provide additional
           Right od Way and  bring the  road up to Town standards before accepting it:
 
            

7. Board of Zoning Adjustment Appointment, Rodger DeGraff         
          

·         With his term about to expire, we sent a letter to Roger DeGraff, a member of the BZA, to determine his interest in being reappointed to
 the board. Enclosed in your packet is his letter declining appointment for another term. If you have anyone you wish to appoint, please let me
know so I can place it on the agenda at our next meeting. Both Steve Sedor, who lives on Lantana, and Douette Pryce have expressed
 interest in the position. *

 Mr. DeGraff has served the community well. It is unfortunate that he has chosen to resign.

8. Sidewalk – Grant Funding/Cost – Town Engineer Capra

           Comsr. Schoppe's effort to get a sidewalk from Miramar to the Town Park/Commons has resulted in the Town Mgr.
           at the request of the Board, getting bids for installing a 900' sidewalk from Miramar to Town Commons.

           The following bids have been rec'd for 3 types of material:
       
                  1, A:  10' wide Flexi - Pave * entire length of project                 Total                        $ 150,000.00
                                                                                                                          DEP Grant (40)%        60,000.00                 
                                                                                                                          net cost to Town          90,000.00

                 Alt. 1,B -  5' width thru Mr. Nemi Prop. 10' rest of Dist.             Tot.                          $ 143,100.00
                                                                                                                          DEP Grant                  57,240.00
                                                                                                                          Net  cost to Town        85,860.00

 

                 Alt. # 2, 5' wide 4" Pervious Concrete w/adjoining 5' sod strip                                   $  91,650.00
                                   except at Nemi Prop. 215' of Conc. curb                     DEP Grant                 36,660.00
                                                                                                                          Net Cost To Town      54,990.00
               
                 Alt.# 3, 3' wide shoulder of "Super Pave Asphaltic concrete
                              1 1/2" thick over 4 1/2" asphalt base, entire length        No Grant,  net        $ 24,010.00

             NOTE: It appears the above plans call for the installation of separate cable, telephone & FPL conduit.
                          yet no quotes for installation of same. The writer suggest that simultaneous installation not occur
                         for reason regarding cost, and later new technology (methods).

      WHILE COMSR. SCHOPPE'S INTENT IS WELL MEANING, GIVEN THE CURRENT ECONOMIC
      CONDITIONS THE WRITER AT THIS TIME WOULD VOTE FOR  NONE OF THE  ABOVE .

      Will post one or two of the plans here later:     

                                  

9. Comments from Commissioners on topics not on the agenda

10. Adjourn

If

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Notes:

August 19,2009

TO: readers @ www.sewallspointer.org,

FROM: webwriter aka flashg36@yahoo.com

Enclosed is a copy of the agenda for meeting on August 25, 2009

         The Dock Ordinance was not made in a timely manner. As such, the ordinance will be published and second reading will take
 place at our meeting on September 8^th.
 Writer has enclosed a fee Schedule for the Room Rental Permit for review. The permit fees are recommended to be,
 First Permit: $150.00, Renewal Permit: $75.00, Late Renewal Fee: $100.00, Inspection: $75.00.
 Enclosed is a copy of Ordinance # 353, which defines "Family", this ordinance describes the members of a "Family"
 who may occupy a residence.

         Ordinance # 352 Rental of Dwelling Units is on the agenda for consideration. It will allow regulaion the rental of dwellings in Town.
 The Commission will need to determine the number of days that a dwelling may be rented. The current copy  reflects a rental period
 of 180 days.
 

          There are vacancies on both the BZA and CEB; we are suggesting that Carol Ball be appointed to the Code Enforcement Board
and James Matthews to the Board of Zoning Adjustment.

      Copy of the Fire/ Rescue Contract with the City of Stuart. The Commission will need to approve this agreement. Once approved the City will take formal action on approving it as well.

LET THE MEETING BEGIN:

  TOWN OF SEWALL’S POINT

Return to:

City Clerk City of Stuart

121 SW Flagler Avenue Stuart, FL 34994

INTERLOCAL AGREEMENT FOR

FIRE-RESCUE PROTECTION, FIRE INSPECTION AND EMERGENCY MEDICAL SERVICES

BY AND BETWEEN

THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

THIS INTERLOCAL AGREEMENT, (the "Agreement"), made and entered into this __

                                    day of   , 2009, with service by the City of Stuart for various fire-rescue services

commencing on October 1, 2010 (the "Service Date") by and between the TOWN OF SEWALL'S

POINT ("Town"), and the CITY OF STUART ("City"), both of which are Florida municipal

corporations located in Martin County, Florida.

WITNESSETH

WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act

of 1969" authorizes local governments to make the most efficient use of their powers by enabling them

to cooperate with other localities on a basis of mutual advantage and thereby to provide services and

facilities that will harmonize geographic, economic, population, and other factors influencing the needs

and development of local communities; and

WHEREAS, Section 166.021, Florida Statutes, authorizes municipalities to contract with other

municipalities to provide fire protection and other essential services; and

WHEREAS, in order to meet the level of service standards established by the National Fire

Prevention Association (NFP A 1710) and maintained by the City ("Level of Service"), the Town desires

to contract for the provision of Fire-Rescue Services from the City; and

INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

WHEREAS, representatives of the Town and City have discussed the terms of an lnterlocal

Agreement on numerous occasions; and

WHEREAS, both the Town and the City believe that it is in the best interests of all concerned

for the Town to contract with the City for Fire-Rescue Services, and enter into the Agreement to specify

terms and conditions under which Fire-Rescue Services will be provided.

NOW, THEREFORE, the Town and City, in consideration of the terms and conditions set forth

herein and the benefits flowing from each to the other, do hereby agree as follows:

 

SECTION 1.

 

 

INCORPORATION OF FACTS

The facts set forth above in the preamble to this Agreement are true and correct and are hereby

incorporated into this Agreement.

SECTION 2.

 

 

PURPOSE

The purpose of this Agreement is to establish the parties' rights and obligations regarding the

provision of Fire-Rescue Services within the Town, by the City. Collectively, those services, which are

more particularly defined in Section 6, shall be called "Fire-Rescue" or "Fire-Rescue Services" herein,

as the context may require. To facilitate the purposes of this Agreement, the Town shall cooperate with

and assist the City to insure that Fire-Rescue Services provided by the City are coordinated with other

Town municipal services, and that complaints or inquiries regarding the City's performance, and the

Fire-Rescue Services delivered hereunder, are appropriately addressed.

SECTION 3.

 

 

COMMENCEMENT AND TERM

This Agreement shall be deemed to commence immediately upon its approval by both parties for

the purpose of implementing and enforcing any obligations that by their language or nature accrue prior

to the commencement of services by the City on October 1, 2010.

2

INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

The services to be provided by City under this Agreement shall commence at 12:00 a.m. on

October 1, 2010 and shall continue uninterrupted for a ten (10) year term, until and including September

30,2020, unless and until this Agreement is terminated by either party as set forth herein. Neither party

shall terminate this Agreement for the first five (5) years of the Term, except for default.

 

SECTION 4.

 

 

REPRESENTATIVE AND AGREEMENT MONITOR

The City's representative and Agreement monitor during the term of this Agreement shall be the

City Manager whose telephone number is 772-288-5312, and whose current email address is

dhudson@ci.stuart.fl.us. The Town's representative and Agreement monitor during the term of this

Agreement shall be the Town Manager whose telephone number is 772-287-2455, and whose current

email addressisrkellogg@sewallspoint.martin.fl.us.

 

SECTIONS.

 

ADMINISTRATION

A.

 

Agreement for Services.

 

This Agreement is a contract for the provision of services and shall

not in any manner whatsoever constitute a transfer of powers or functions in anyway whatsoever. This

Agreement is solely an lnterlocal Agreement to provide services as authorized by Chapter 163, Florida

Statutes.

B.

 

 

Oversight by the Town.

 

 

The Town, through its Town Manager, shall monitor the City's

performance of the services provided for in this Agreement. However, the responsibility for the

rendition of Fire-Rescue Services, standards of performance, discipline of City Fire-Rescue officers and

City employees, and all other matters incidental to City's control of its personnel and the performance of

services, including but not limited to equipment, facilities, agreements for automatic/mutual aid, and

implementation of its policies and procedures, shall reside with the City.

3

INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

SECTION 6.

CITY

 

 

FIRE SUPPRESSION AND RESCUE SERVICES TO BE PROVIDED BY

              A.       The City, by means of this Interlocal Agreement, shall provide directly or indirectly, or shall be

responsible to provide, within the Town all of the personnel and equipment necessary to provide Fire-

Rescue Services, defined as:

Fire-Rescue or Fire-Rescue Services means dispatch, fire suppression, technical rescue, emergency medical services, special operations, hazardous materials response and mitigation, emergency communications, confined space rescue, dive rescue, fire code inspections and testimony related thereto, response to all subpoenas and testimony related to fire-rescue activities, arson investigation, new construction inspection, community education programs, and all other emergency and non-emergency services generally provided by or through the Stuart Fire-Rescue Department (SFRD).

              B.       Supplemental to this definition of Fire-Rescue Services, the City represents, and the Town

acknowledges that following:

             a.        The City currently has a Certificate of Public Convenience and Necessity ("COPCN") for

emergency medical services issued by Martin County to provide said services within the Town, and

shall use all reasonable efforts to maintain the same at all times during the performance of this

Agreement. In the event that the City is unable to maintain its COPCN, the City shall be responsible for

obtaining emergency medical services to be provided to the Town, at no additional cost to the Town;

and

             b.        The City also provides Fire-Rescue Services throughout the jurisdictional boundaries of the City

of Stuart, and in certain areas of Martin County. Those Fire-Rescue Services, at the City's discretion,

may be provided from facilities and with personnel and apparatus located within or without the

municipal boundaries of the Town, and on some occasions by the Martin County Fire-Rescue

Department (MCFR). It is specifically acknowledged and agreed by the parties that dispatch, hazardous

4

INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

materials response and mitigation, technical rescue, and dive rescue are currently conducted throughout

Martin County by MCFR. These services shall be provided by MCFR without additional charge by the

City. However, the City does not and cannot control any charges made directly to the Town by Martin

County for such services, if any.

SECTION 7.

 

 

ADDITIONAL CITY SERVICES AND RESPONSIBILITIES

            A.         Fire Prevention and Inspection Services. The City shall conduct periodic fire inspections on

applicable buildings and structures located within the incorporated boundaries of the Town III

accordance with the Florida Fire Prevention Code, and local amendments thereto, all as may be

amended from time to time ("Fire Code"). Except in the event of an imminent threat to health and

safety, the City shall provide the Town with reasonable notice of upcoming inspections. The City shall

provide to the Town annually a list of the names and addresses of all businesses or occupancies that

have been inspected by the City during that period. As provided in Section lO.B.3, the City shall be

permitted to charge its usual and customary inspection fees for such inspections.

            B.         Community Education and Public Events.Community Education programs shall be made

available to any resident or business owner located within the Town. The SFRD currently offers a

variety of public education programs targeted to a variety of age groups and audience types. These

programs shall be offered to Town residents and business owners in the same manner, and on the same

basis, as are offered to residents and business owners in the City. In addition, the City agrees, at the

request of the Town, and as part of the services to be provided by this Agreement (without additional

cost), to make its personnel and apparatus available for special public events (at least three (3) events per

year) for static display, parades, or other events where the public is invited to observe fire equipment,

techniques or operations.

5

INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

            C.         New Construction Plans Review. The City shall provide new construction plans review and

new construction inspections. Not less than ninety percent (90%) of all plans submitted to the City Fire-

Rescue Department shall be reviewed and returned within ten (10) working days after their receipt. City

shall endeavor to complete, on a daily basis, all new construction inspections required by the Town's

permitting process when scheduled by 4:30 PM, the prior working day. As provided in Section 10.B.3,

the City shall be permitted to charge its usual and customary plan review fees for such reviews.

            D.         Fire-Arson Investigations. The State Fire Marshall and/or the City's Fire Marshall and

Inspectors shall conduct fire-arson investigations within the Town, as needed, in cooperation and

consultation with the Town's Police Department to determine cause and origin, and will respond to

subpoenas regarding same and will provide testimony, if required, in code enforcement cases or in any

other type of legal proceedings, including judicial, quasi-judicial or administrative hearings, relating to

the services provided hereunder. The City will coordinate with the Town's Police Department on any

subsequent investigations that require law enforcement assistance.

 

E.

 

 

Hydrants.

 

 

The Town shall cooperate with Martin County Utilities, the Town's water utility

provider, in an annual fire hydrant inspection and testing program for all hydrants within the Town

limits. This program may be performed by the Town or its designee, or by Martin County Utilities.

Prior to June 1,2010, fire flow data will be provided to the City in a form usable by the City for its fire

suppression planning needs. Thereafter, as fire flows change, the Town shall notify the City of any

additions or other changes made to water mains and hydrants, prior to their coming on-line. The Town

shall notify Martin County Utilities of any repair or replacement needed for malfunctioning hydrants.

The general maintenance of water mains and publicly owned hydrants shall remain the responsibility of

Martin County. Town, with the permission of with Martin County, shall paint the bonnets of each

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INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

hydrant to match NFP A 291 standards. All privately owned fire hydrants shall follow the same

standards, except that purchase, repair, replacement and maintenance shall the responsibility of the

owner.

              F.        Dispatch Protocol. The City's response to calls within the service area identified hereunder

will be governed by the City's Dispatch Protocol, as coordinated with MCFR, and as may be amended

from time to time. Should changes in the dispatch protocol be considered by the City which may have

an impact on the response time or type of response within the Town, the parties shall meet to discuss and

agree upon such changes prior to implementation. The City shall at all times during the term of this

Agreement immediately notify the Town's Police Department of all emergency Fire-Rescue calls within

the Town.

G.

 

 

Insurance.

 

 

Without waiving the right to Sovereign Immunity and pursuant to the

provisions and limitations of Section 768.28, Florida Statutes, the City represents that it is a member of

the TRICO insurance pool, and that it shall insure or self-insure its own General Liability, Wrongful

Acts or Omissions and Automobile Liability under State Sovereign Immunity statutes with coverage

limits of $100,000 per person and $200,000 per occurrence, or such monetary waiver limits as set forth

by the legislature.

H.

 

 

Merger with County.

 

 

In the event that Martin County, the Town and the City seek to

merge their respective fire-rescue responsibilities and operations, the Town and the City shall use all

reasonable efforts to assure that the Town and the City shall be provided Fire-Rescue Services by the

merged department on a fair and equitable basis. The Town and the City agree that neither party

considers Martin County's Fire-Rescue Municipal Service Taxing Unit (MSTU), as it is currently

legislated, to be fair and equitable. The City and the Town agree that neither party shall merge with the

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INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

D.

 

 

Insurance.

 

Without waiving the right to Sovereign Immunity and pursuant to the

provisions and limitations of Section 768.28, Florida Statutes, the Town acknowledges that it is insured

or self-insured and that it shall insure or self-insure for the duration of this Agreement its own General

Liability, Wrongful Acts or Omissions and Automobile Liability under State Sovereign Immunity

statutes with coverage limits of $100,000 per person and $200,000 per occurrence, or such monetary

waiver limits as set forth by the legislature. The Town acknowledges that it is, and shall remain insured

or self-insured for damage to the Town Hall resulting from "all-risk" perils including but not limited to

the perils of fire, windstorm, and flood.

SECTION 9. AUTHORIZATIONS:

The parties hereby acknowledge that each has adopted a resolution to approve this Agreement,

and the Town will forthwith adopt any and all ordinances necessary to allow the City to perform this

Agreement within the Town, including keeping all fire codes up-to-date.

SECTION 10. COSTS FOR SERVICES:

A.

 

 

Town Funding.

 

The cost for services under this Agreement shall be funded by the Town in

the initial annual amount of Three Hundred Twenty Four Thousand Eight Hundred Sixty Four

Dollars and no cents ($324,864.00), payable in advance, in equal quarterly payments due and payable

on the first day of each calendar quarter, and delinquent if not paid, on the 10^th day of each calendar

quarter. Said payments shall commence October 1, 2010 and continue quarterly thereafter. The annual

payment shall increase by the amount of increase in the Consumer Price Index (All Urban Consumers

(CPI-U) for the South Region) as published by the federal Bureau of Labor Statistics (BLS) for the

period of October through September of each year, commencing October 1, 2011. The October 1 st

payment shall be at the prior year's rate, and any payment adjustment due to the preceding September

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INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

BLS data shall be paid by the Town as part of the remaining three (3) equal quarterly installments during

the fiscal year. In no event shall the payment be less than the prior fiscal year. The City shall notify the

Town of the new rate by December 15t each year, and shall bill the Town this cost in the remaining

                                                                                                                                                     quarterly installments beginning with the January 1^5t payment of the current fiscal year.                                                     If the Town

shall fail to make a payment or make a delinquent payment, the City may declare a default, and require

assurance by the Town that said payment(s) shall be made or be made on a regular basis thereafter.

Should such assurances not be forthcoming by the Town, or not be made to the reasonable satisfaction

of the City, then the City may terminate the Agreement upon ninety (90) days written notice.

            B.         Other Revenues.

            (1)        The parties acknowledge and agree that the City or Martin County may invoice, collect, and

retain all revenues from those companies or persons, other than the Town, directly receiving hazardous

materials mitigation services or benefiting therefrom.

            (2)        The parties acknowledge and agree the City may invoice, collect, and retain fees for non-

emergency services provided within the Town's boundaries, from companies or persons other than the

Town, including, but not limited to fire inspection fees, plans review fees, and false alarm fees in

accordance with the Fire Code. The City shall not charge any fee that is higher than that charged to City

residents or businesses for the same service.

            (3)        The parties acknowledge and agree the City may invoice, collect, and retain fees from those

persons, other than the Town receiving ALS/BLS transport, and other services, pursuant to the fee

schedules set forth in Sections 2-246, and 42-91, Stuart City Code, as amended from time to time.

            (4)        In addition, the Town agrees to assist the City in taking all actions necessary to insure that the

City is lawfully empowered to invoice and collect the fees described above.

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INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

                              SECTION 11.         ANNUAL APPROPRIATIONS

Each party's performance or obligation to pay under this Agreement is contingent upon an

annual budgetary appropriation by its respective governing body for each fiscal year. The Town agrees

to pay for the services provided by City as set forth in Section 10 of this Agreement. If ad valorem tax

revenues are not available to fund the services provided by City, the Town shall pay for said services

from any or all other revenue sources available to it or which may be made available to it.

                              SECTION 12.         EMERGENCY MEDICAL SERVICES

Emergency medical services provided by the City pursuant to this Agreement are governed by

Florida state law, and the rules and regulations promulgated thereunder, all as may be amended from

time to time. The SFRD currently holds a Certificate of Public Convenience and Necessity ("COpeN")

for the provision of ALS and/or BLS services, throughout Martin County, pursuant to the Florida

Emergency Medical Services Act (Chap. 401, Florida Statutes). A copy of the current Certificate has

been furnished to the Town. Should the County fail to grant the Stuart Fire-Rescue Department the

necessary COPCN to provide the contemplated services within the Town boundaries during the term of

this Agreement, and following all allowable appeals, the City shall be responsible for obtaining all

required emergency medical services, at no additional cost to the Town beyond the costs set forth in

Section 9A. In that event, and at its sole option, the Town may cancel this Agreement, upon ninety (90)

days notice, without penalty, damages or recourse by either party.

                              SECTION 13.         MONTHLY REPORT

A log of all calls for service within the Town shall be maintained by the City and presented

monthly to the Town Manager. The log shall contain, at a minimum, the following:

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INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

A.                Time of dispatch

B.                 Identification of all units dispatched

C.                 Time en route

D.                Location of service provided

E.                 Description of nature of dispatch

F.                  Time of arrival

G.                 Time of departure

The SFRD Fire-Rescue Chief, or designee, shall promptly report to the City Manager and Town

Manager in the event of the following:

A.                Loss of life, severe bodily injury, or substantial property damage

B.                 Hazardous materials incidents

Routine ALS calls need not be promptly reported. Those calls that are promptly reported shall

include at a minimum, the following information:

A.                The address/location of the incident;

B.                 The number of people injured;

C.                 The extent of property damage.

The SFRD Fire-Rescue Chief or designee shall be the City's contact person for all operational

issues within the Town; and the Town's Manager shall be the Town's contact person for all operational

issues with the City. Nothing contained herein shall prevent the Town Manager from directly contacting

the City Manager for any matter under this Agreement.

                               SECTION 14.        HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT

(HIP AA). The Town acknowledges that the City is bound by the provisions of the Health Insurance

Portability and Accountability Act (HIP AA) and any regulations promulgated thereunder, including but

not limited to the privacy and security regulations, all as may be amended from time to time. Should the

City determine that any of the provisions set forth in this section, or elsewhere in this Agreement, are

inconsistent with the requirements of HIP AA and/or the regulations promulgated thereunder, then the

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INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

City shall immediately notify the Town and make whatever adjustments are required to satisfy the legal

requirements of the law, up to and including being completely and forever discharged and released from

any contractual provisions that would cause a violation. The parties further agree to amend this

Agreement if the City determines that such an amendment is necessary in order to comply with its

obligations of HIP AA and the regulations promulgated thereunder.

                              SECTION 15.       TERMINATION

This Agreement shall not be terminated, by either party, unless:

            A.         Agreed to in writing by both parties; or

            B.         The terminating party has given written notice of termination, not less than TWO (2) YEARS

prior to the actual termination date, and not earlier than four and one-half (4 Yz) years after the start of

the initial term, or any successive terms. The termination date shall only be on September 30^th.

            C.         The non-terminating party has defaulted on any of its material obligations and failed to cure said

default in accordance with this Agreement, in which case, the terminating party may give written notice

to the non-terminating party of termination not earlier than ninety (90) days from the notice.

             D.        Unless otherwise mutually agreed by the parties, and notwithstanding the provisions of

subsection A., above, the parties agree that this Agreement shall not be terminated by either party,

except for default, any earlier than September 30, 2017, and to effectuate such termination, the two (2)

year notice of termination, provided in subsection B., above, would have to be given on or before

September 30,2015.

SECTION 16. RELATIONSHIP OF EMPLOYEES

This Agreement does not and shall not be construed to make any officer or employee of the City

an officer or employee of the Town for any purpose whatsoever, nor any officer or employee of the

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INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

City shall immediately notify the Town and make whatever adjustments are required to satisfy the legal

requirements of the law, up to and including being completely and forever discharged and released from

any contractual provisions that would cause a violation. The parties further agree to amend this

Agreement if the City determines that such an amendment is necessary in order to comply with its

obligations of HIP AA and the regulations promulgated thereunder.

SECTION 15. TERMINATION

This Agreement shall not be terminated, by either party, unless:

            A.         Agreed to in writing by both parties; or

            B.         The terminating party has given written notice of termination, not less than TWO (2) YEARS

prior to the actual termination date, and not earlier than four and one-half (4 Yz) years after the start of

the initial term, or any successive terms. The termination date shall only be on September 30^th.

            C.         The non-terminating party has defaulted on any of its material obligations and failed to cure said

default in accordance with this Agreement, in which case, the terminating party may give written notice

to the non-terminating party of termination not earlier than ninety (90) days from the notice.

             D.        Unless otherwise mutually agreed by the parties, and notwithstanding the provisions of

subsection A., above, the parties agree that this Agreement shall not be terminated by either party,

except for default, any earlier than September 30, 2017, and to effectuate such termination, the two (2)

year notice of termination, provided in subsection B., above, would have to be given on or before

September 30,2015.

SECTION 16. RELATIONSHIP OF EMPLOYEES

This Agreement does not and shall not be construed to make any officer or employee of the City

an officer or employee of the Town for any purpose whatsoever, nor any officer or employee of the

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INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

Town an officer or employee of the City for any purposes whatsoever. Neither party is authorized to

make or enter into any contract, agreement, or warranty for or on behalf of the other, unless the parties

to this Agreement have entered into a written agreement expressly authorizing such.

                              SECTION 17.       LIABILITY

The parties to this Agreement and their respective officers and employees shall not be deemed to

assume any liability for the acts, omissions, or negligence of the other party or for any third party. Each

party shall be responsible for its own negligence. Furthermore, nothing contained herein shall be

construed as a waiver of either party's sovereign immunity or the assumption ofliability in excess of that

allowed by law.

 

SECTION 18.

 

 

DEFAULT AND OPPORTUNITY TO CURE

 

            A.         If the City, or any of its agents, shall default in any of its material obligations under this

Agreement, which shall include a consistent or repeated failure to provide the required level of service,

then in that event the Town shall provide written notice of default to the City and afford the City a

period of ninety (90) days to cure such default (if such default is curable); provided, however, that if the

default in question cannot be cured within such ninety (90) day period, then the City shall be afforded

such additional time as shall be reasonably required to cure such default as agreed upon by both parties.

            B.         If the Town, or any of its agents, shall default in any of its material obligations under this

Agreement, which shall include the failure to make a payment in full, when due, then in that event the

City shall provide notice of written default to the Town and afford the Town a period of ninety (90) days

to cure such default (if such default is curable); provided, however, that if the default in question cannot

be cured within such ninety (90) day period, then the Town shall be afforded such additional time as

shall be reasonably required to cure such default, as agreed upon by both parties.

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INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

                              SECTION 19.       ASSIGNMENT OF RIGHTS

Neither party shall assign, delegate, or otherwise transfer its rights and obligations as set forth in

this Agreement to any other entity without the prior written consent of the other, except that the City

may, from time to time, using its interlocal agreements or mutual aid agreements, call upon Martin

County for assistance in performing this Agreement.

                              SECTION 20.       RECORDS RETENTION

The City and Town shall maintain records associated with this Agreement, including, but not

limited to accounts, financial and technical records, research or reports, in accordance with Florida law.

                              SECTION 21.       AMENDMENTS

The terms of this Agreement may not be amended, supplemented, waived, or changed without

the written approval of the parties.

                              SECTION 22.       FILING

Upon its execution, a certified copy of this lnterlocal Agreement shall be filed by the City with

the Clerk of the Circuit Court in and for Martin County.

                              SECTION 23.       NO INDEMNIFICATION~ HOLD HARMLESS

Each party shall be liable for its own actions and negligence. Nonetheless, each party shall hold

the other harmless for any negligent acts of the other brought by a third party, and neither party shall

bring any claims or actions against the other for tort actions brought by any third party.

The foregoing shall not constitute a waiver of sovereign immunity beyond the limits set forth in

Florida Statutes, Section 768.28, nor shall the same be construed by any party as an agreement to

indemnify the other party for that party's negligent, willful, or intentional acts or omissions.

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INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

 

SECTION 24.

 

 

FORCE MAJEURE

 

Except as otherwise provided in this Agreement, City shall not be deemed in default or in breach

of this Agreement to the extent it is unable to perform due to an event of Force Majeure. For the

purpose of this Agreement, Force Majeure shall mean and include any act of God or nature, lockout,

strike or other labor dispute, riot or civil commotion, act of a public enemy or terrorism, enactment, rule,

order, or act of government or governmental instrumentality, or any other cause of any nature

whatsoever beyond the control of the City which was not avoidable in the exercise of reasonable care.

 

SECTION 25.

 

 

GOVERNMENTAL POWERS

 

The parties understand, acknowledge and agree that nothing contained herein shall be construed

in any way to transfer, contract away, delegate, or otherwise limit the parties' respective legislative and

police powers. The parties acknowledge that this Agreement is an lnterlocal agreement under Chapter

163, Florida Statutes, and that each party shall retain all legislative authority with regard to their

respective governing body. All of the privileges and immunities from liability; exemptions from laws,

ordinances, and rules; pensions and relief, disability, workers~ compensation, and other benefits which

apply to the activity of officers, agents or employees of any public agency when performing their

respective functions within the territorial limits for their respective agencies shall apply to the same

degree and extent to the performance of such functions and duties of such officers, agents, or employees

extra-territorially under the provisions of any such lnterlocal agreement. Nothing contained herein shall

authorize the delegation of the constitutional or statutory duties of any City or Town officials.

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INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

                              SECTION 26.       ENFORCEMENT COSTS

Any costs or expenses (including reasonable attorney's fees, at all levels) associated with the

enforcement of the terms and conditions of this Agreement shall be borne by the respective parties;

provided, however, that this clause pertains only to the parties to this Agreement.

                              SECTION 27.       NOTICE

All notices required to be given under this Agreement shall be in writing, and deemed sufficient

to each party when sent by Hand Delivery, or by United States Mail, postage prepaid, to the following:

 

As to the City:

City Manager

121 SW Flagler Avenue Stuart, FL 34994-2139

                              SECTION 28.       REMEDIES

 

 

As to Town:

T own Manager

1 South Sewall's Point Road Sewalls Point, FL 34996-6736

 

This Agreement shall be construed by and governed by the laws of the State of Florida. Any and

all legal action necessary to enforce this Agreement shall be held in Martin County. No remedy herein

conferred upon any party is intended to be exclusive of any other remedy and each and every such

remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or

hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any

party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No

provision of this Agreement is intended to, and shall not be construed to, create any third-party

beneficiary or to provide any rights to any person or entity not a party to this Agreement.

                              SECTION 29.       CONFLICT RESOLUTION

The parties hereto covenant with each other to use their respective best efforts to resolve

disputes without litigation. If a dispute between the parties cannot be resolved by the Town Manager

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INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

and the City Manager, within a reasonable period of time, then either party may require mediation.

(the "triggering party") by giving written notice of the same to the other party. The parties may agree

upon a mediator, and in any event, mediation shall be conducted in Martin County, Florida. It is hereby

agreed that in the event of mediation, each party shall pay one-half of the cost of the mediator, if any,

plus its own attorneys' fees and costs incurred in connection with the mediation proceedings. If the

parties are not able to agree within a reasonable time to a mediator, the triggering party shall ask the

Chief Judge of the 19^th Judicial Circuit of Florida to assist by appointing a certified mediator to conduct

mediation using the then applicable court rules for mediation. Neither party shall seek judicial relief for

any issue, unless and until mediation has occurred and been unsuccessful. This section shall not be

construed as limiting the parties in any way regarding other non-judicial dispute resolution techniques,

which may be used by mutual agreement.

 

SECTION 30.

 

 

JOINT PREPARATION

 

The preparation of this Agreement has been a joint effort of the parties, and the resulting

document shall not, solely as a matter of judicial constraint, be construed more severely against one of

the parties than the other.

 

SECTION 31.

 

 

EQUAL OPPORTUNITY

 

The City and Town agree that no person shall, on the grounds of race, color, gender, national

origin, disability, religion, ancestry, or marital status be excluded from the benefits of, or be subjected to

any form of discrimination under any activity carried out by the performance ofthis Agreement.

 

SECTION 32.

 

 

CAPTIONS

 

The captions and section designations herein set forth are for convenience only and shall have no

substantive meaning.

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INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

                              SECTION 33.         SEVERABILITY

In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a

court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement

and the same shall remain in full force and effect.

                              SECTION 34.         ENTIRETY OF AGREEMENT

This Agreement represents the entire understanding between the parties, and supersedes all other

negotiations, representations, or agreements, written or oral, relating to this Agreement. This Agreement

shall inure to the benefit of and shall be binding upon the parties, their respective assigns and successors

in interest.

 

SECTION 35.

 

 

SURVIV ABILITY

 

Any provision of this Agreement which is of a continuing nature, or which by its language or

nature imposes an obligation that extends beyond the term of this Agreement, if any, shall survive the

expiration or earlier termination of this Agreement.

IN WITNESS WHEREOF, the parties through their duly authorized representatives do hereby

execute this Agreement on the date first written above.

 

ATTEST:

Ann-Marie S. Basler, Town Clerk

APPROVED AS TO FORM AND CORRECTNESS:

Glen J. Torcivia, Town Attorney

 

 

TOWN OF SEWALL'S POINT, FLORIDA

Don Osteen, Mayor

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INTERLOCAL AGREEMENT FOR FIRE-RESCUE PROTECTION, FIRE INSPECTIONS AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE TOWN OF SEWALL'S POINT AND THE CITY OF STUART

 

---

TO: ALL COMMISSIONERS, TOWN ATTORNEY, THE PUBLIC
 

FROM: DON OSTEEN MAYOR

SUBJECT: WORKSHOP MEETING AUG 18 @ 7 pm

 

ALL COMMISSIONERS, TOWN ATTORNEY, THE: PUBLIC

DON OSTE:EN, MAYOR

THERE WILL BE A WORKSHOP MEETING OF THE TOWN COMMISSION TUESDAY, AUGUST 18, 2009 AT 7:00 P.M. AT THE TOWN HALL

PUBLIC COMMENT IS ENCOURAGED: PLEASE FILL IN A COMMENT FORM AND RETURN IT TO THE TOWN CLERK BEFORE DISCUSSION ON AN AGENDA ITEM HAS BEGUN.
PLEASE LIMIT COMMENTS TO THREE (3) MINUTES.

As A COURTESY TO THOSE IN ATTENDANCE IT WOULD BE APPRECIATED IF QUESTIONS FOR AN IND!VIDUAL COMMISSIONER WERE ADDRESSED BY TELEPHONE, IN WRITING, OR IN PERSON,
OUTSIDE OF THE MEETING.

AGENDA

1. CALL TO ORDER:

·      PLEDGE OF ALLEGIANCE

·      ROLL CALL
      &nbs