The following is Tuesday June the 23rd's Agenda: Scroll Down For Full Agenda:

 

TOWN OF SEWALL'S POINT REGULAR MEETING OF JUNE 23, 2009 "ACTIONS TAKEN"

1. Call to Order - 7:00 PM • Pledge of Allegiance
 

• Roll Call - Present; Mayor Osteen, Vice Mayor Klingensmith, Cmsr. Subin, Cmsr. Thurlow-Lippisch, Town Manager Kellogg, Atty. Donlon, Chief Cerniglia, Building Official Adams Absent: Cmsr. Schoppe

• Approval of Agenda:

Motion made by Cmsr. Subin, seconded by Vice Mayor Klingensmith, to amend the agenda as noted: Add 4d. Approval of replacing Mayor Osteen on the Tourist Development Council and appointing Cmsr. Thurlow-Lippisch in his place, all in favor. Motion passed 4-0

2. Comments from the public on topics not on the agenda — NONE
 

3. Public Hearings & Presentations:

         a. Ordinance No. 320 Dock Ordinance, First Reading - Cmsr. Subin

             Motion made by Cmsr. Subin, seconded by Vice Mayor Klingensmith to approve for first reading, all in
             favor. Motion passed 4-0
 

b. Ordinance No. 342 Noise, Construction Work, First Reading - Mayor Osteen

             Motion made by Cmsr. Subin, seconded by Vice Mayor Klingensmith to approve for first reading.
             Motion Passed 3-1 (Cmsr. Thurlow-Lippisch opposed)

                 Web writers note: Still much discussion on this issue. Comments from the audience by Vinny
                 Barille from India Lucie & Mrs. ? forget her name right now, aKa “Butter Fly Lady”.
                 After their comments web writer said “give it a chance & work remaining bugs out as we go.
                Don’t know why Comsr. Jaqui TL voted NO.

c. Ordinance No. 347 Signage, Second Reading and Adoption - Cmsr. Thurlow-Lippisch

Motion made by Vice Mayor Klingensmith, seconded by Cmsr. Subin to approve for second reading and adoption, all in favor. Motion passed 4-0

                 Still a lot of chatter on this one. What web writer started out to do with this one was to get rifd of
                 Joe The Roofer  signs al over the Point. Why are/were we allowing commercial enterprises to
             advertise on our private non-commercial property! Writer never opposed to realtor (no caps.
             common noun) signs anywhere on their (property owners) property. Found out why this turned into a
             big deal, former Mayor Winer wrote the last Ord. had the “ACLU” in on it. Sure he meant
             constitutional lawyers. ACORN just here 2 months ago, 2010 Census,  than goodness we (me) beaT
              them off!

d. Ordinance No. 348 Water Facilities Work Plan 2008-2025, Second Reading and Adoption -Town Manager Kellogg
           Motion made by Cmsr. Subin, seconded by Vice Mayor Klingensmith to approve for second reading and
            adoption, all in favor. Motion passed 4-0
               A Fl. Dept. of Community Affairs requirement.
 

e. Ordinance No. 350 Noxious Weeds, First Reading - Building Office Adams

               Quite a bit of discussion on this one. We reminded the Commission that the lovely oak trees
               surrounding harbor bay Plaza are Carrot Wood Trees! She said no way , made a bet Carrot Wood
              she buys me a shot & beer at Pawnbroker, Oak I buy her a Cosmo. We don’t need all this stuff.
              let it be complaint driven by a resident not a staff member!

      Motion made by Vice Mayor Klingensmith to pull from the agenda, seconded by Cmsr. Subin, all in favor.
               Hurrah!
 

f. Resolution No. 691 Intercity Rail

           A no – brainer to satisfy the sustainable development crowd.. Train  from Miam to Orlando.
          We don’t have enough chinamen to build it. Get the welfare social security check crowd to build it.
     Motion made by Cmsr. Thurlow-Lippisch, seconded by Cmsr. Subin to approve Resolution No. 691, all in
     favor. Motion passed 4-0

4. Consent Agenda:

             Approved

a.   Approval of Minutes: May 26 and June 16,2009
         
          Comsr. Jaqui TL once again critqued her portrayal or challenged it and asked for corrections & rec’d same.
         hence this abbreviated “Minutes” by the Town Clerk. Would appear that Town Mgr. Told her to leave out
         the commentary, I.e., "Frustration" . Now residents don’t have the full story. Will try to fill you in here.
         Motion made by Cmsr. Subin, seconded by Vice Mayor Subin to amend the May 26, 2009 Minutes as noted, all in favor. Motion passed 4-0

b. Approval of Financial Report for May 2009
                 approved

c. Approval of Disbursements

               Check #12974-13024 for the month of May 2009:
                               Approved

5. Old Business: None

6. Town Manager's Comments - Town Manager Kellogg

              None

7. Comments from Commissioners on topics not on the agenda

              Comsr JTL ?

8. Adjourn -
                   Motion made by Vice Mayor Klingensmith, seconded by Cmsr. Subin to adjourn, all in favor. Meeting adjourned at 8:25 P.M.

Respectfully submitted,

Ann-Marie S. Basler

 

                       Notables: 3 b, Ordinance 342 - Noise & Construction Work: Presented by Mayor Osteen. First reading.

 

                         This item has created claims of "racial discrimination"*, police trespass*, noise complaints, construction
             work on Sundays &  more, resulting from complaints of an adjoining property owner. The writer having
             attended all the hearings on this matter has observed that most of the complaints were unjustified.

 

 * The racial complaint was brought to the podium by the chargeds  ( black guy Vet. & family)  mother
             who made the statement that she thought the complaints were racially motivated. The writers answer , No, a
             noise motivated complaint.  The mother stated she was a cabinet member ? Judicial official of
             Jamaican Government, one or the other.

 

                                from the minutes of the May12 Mtg.:

"Douette Pryce said he was a resident new to Sewall’s Point living on Fieldway.He summarized a chronology of complaints by a neighbor which
involved the Police Department and showed the Commission a packet of materials he hadgathered from the P.D. backing up what he was saying.
He said his neighbor was falsifying complaints causing police officers to come to his home 2-3 each weeksince he moved into Sewall’s Point in
 January, and asked that the Commission come up with a scheme regarding competitive complaints with an economic costattached to it
(when calls made to the Police Dept. are unfounded). He said at this point he feels it is “harassment.” Responding, the Commission said
this ordinance had been in the works for over two years and not directed at Mr.Pryce. Cmsr. Thurlow-Lippisch suggested having an education
 packet availableto new residents supplying them with information concerning Town ordinances, etc., although this case was different from the usual.Further discussion continued around neighbor vs. neighbor and if/when it is asituation that appears to be out of control, is there a way for the Town to step in. It was decided that Atty. Torcivia would research this kind of
situation andget back to the Commission. Vice Mayor Klingensmith said there should be a“mandatory mediation” clause included in the findings.

Mr. Pryce’s aunt, who works for the justice system in Jamaica, spoke saying shefelt it was “racial harassment” and it needed to stop.
Cmsr. Schoppe said this was the first time the Commission was being presented with this and asked foran opportunity to act responsibly, as
 servants of the Town. Resident Tony Lagana complimented ‘this’ Commission regarding comments from Cmsrs. Subinand Schoppe, and others,
about easing the reputation that Sewall’s Point has and that they do not have to lower standards, but use common sense. He wenton to say,
 “This may be a cleansing in making Sewall’s Point a great place to live with high standards and neighbors not fighting each other and officials
 backing this up.” The Commission thanked Mr. Pryce and his aunt."

Mr. Pryce went to the podium and stated 20 -22 comp-laints were made against him. none were upheld
substantiated. neither the complainant, police or code enforcement challenged that statement.

* Police went on the property in question searching for a trailer. That did happen and was inappropriate
Our Ord. reads "that if you can't see it from the street or an adjoining neighbors property there isn't any violation.
A trailer was on the property and not in violation. The Chief said he had resolved that issue. I guess that means
he explained to his command  to be more aware of the code before entering a residents property.

 This was a big deal as it went on approx. 45 minutes.

4e. Discussion of Changes to the Dock Ordinance – Cmsr. Subin
                                           
                                            "Changes have been made "                             

3c, Ordinance # 347 Signage, second reading & adoption - presented by Comsr. Jacqui T Lippisch.

       The writer owes an apology to the taxpayers as a simple request to get "commercial signage" other than real estate removed from our
       private residential properties. I.e. you hire a roofer and he put up a sign "Roofing by Joe The Roofer". Joe The Roofer can advertise
       on his truck,, in the phone book, TV, Radio etc. but not in my or my neighbors front yard ! Real estate signs excepted as they are for
       the benefit of the homeowner, ie. property owner. The writer never had an issue with realtor (no caps please) signs be they in the
       Towns right of way or totally on the property owners lot.

       Turns out that Comsr. JTL has put a lot of time and effort in this re-write more than she should have had to . We
       most likely paid a lot  of Atty's fees we should not have had to. It appears we owe that to past admin. that said
       they brought in the "ACLU"! I'm pretty sure that he, former Mayor Winer, meant constitutional lawyers? Any
        way we end up with up to SIX signs lawns on our property including a builders permit sign and a contractors
       commercial sign! That's pure BS! Oh if the Builder has a  permit out front  on a post another contractor can place
       his sign on the same post.

       What has really happened is the property owner has been penalized by this new ordinance as realty signs have
       been downsized .


                      Signs:   View Album then clk "slide show"

The writer will be requesting detail on the attorneys fees associated with every ordinance in the future.

  3d, Ordinance # 348 Water Facilities Work Plan: is a state requirement,
                              Dept. of Community Affairs as I recall.
   
  3 e, Ord. 350, Noxious Weeds. 

        " Has been updated" - "Some of the Town Staff thought the Commission wished to include both developed and
        undeveloped lots as well. " Not on my developed lot!!!!!!!!!!!!!!!!!!!!!! My Australian Pine is mine!!!! I Love it the
        the birds love it especially the very large Ivory Billed Wood pecker & The Osprey!
        Should they border a neighbors home and shed on their deck ot pool screen thne they should be removed.
       They make great screens also:

Who Is "Some"?   View Album Australian Pines in martin Counties most up scale Town.

Official Version of Minutes follow:

 

TOWN OF SEWALL'S POINT REGULAR MEETING OF JUNE 23, 2009 "ACTIONS TAKEN"

1. Call to Order - 7:00 PM • Pledge of Allegiance
 

• Roll Call - Present; Mayor Osteen, Vice Mayor Klingensmith, Cmsr. Subin, Cmsr. Thurlow-Lippisch, Town Manager Kellogg, Atty. Donlon, Chief Cerniglia, Building Official Adams Absent: Cmsr. Schoppe

• Approval of Agenda:

Motion made by Cmsr. Subin, seconded by Vice Mayor Klingensmith, to amend the agenda as noted: Add 4d. Approval of replacing Mayor Osteen on the Tourist Development Council and appointing Cmsr. Thurlow-Lippisch in his place, all in favor. Motion passed 4-0

2. Comments from the public on topics not on the agenda — NONE
 

3. Public Hearings & Presentations:

         a. Ordinance No. 320 Dock Ordinance, First Reading - Cmsr. Subin

             Motion made by Cmsr. Subin, seconded by Vice Mayor Klingensmith to approve for first reading, all in
             favor. Motion passed 4-0
 

b. Ordinance No. 342 Noise, Construction Work, First Reading - Mayor Osteen

             Motion made by Cmsr. Subin, seconded by Vice Mayor Klingensmith to approve for first reading.
             Motion Passed 3-1 (Cmsr. Thurlow-Lippisch opposed)

                 Web writers note: Still much discussion on this issue. Comments from the audience by Vinny
                 Barille from India Lucie & Mrs. ? forget her name right now, aKa “Butter Fly Lady”.
                 After their comments web writer said “give it a chance & work remaining bugs out as we go.
                Don’t know why Comsr. Jaqui TL voted NO.

c. Ordinance No. 347 Signage, Second Reading and Adoption - Cmsr. Thurlow-Lippisch

Motion made by Vice Mayor Klingensmith, seconded by Cmsr. Subin to approve for second reading and adoption, all in favor. Motion passed 4-0

                 Still a lot of chatter on this one. What web writer started out to do with this one was to get rifd of
                 Joe The Roofer  signs al over the Point. Why are/were we allowing commercial enterprises to
             advertise on our private non-commercial property! Writer never opposed to realtor (no caps.
             common noun) signs anywhere on their (property owners) property. Found out why this turned into a
             big deal, former Mayor Winer wrote the last Ord. had the “ACLU” in on it. Sure he meant
             constitutional lawyers. ACORN just here 2 months ago, 2010 Census,  than goodness we (me) beaT
              them off!

d. Ordinance No. 348 Water Facilities Work Plan 2008-2025, Second Reading and Adoption -Town Manager Kellogg
           Motion made by Cmsr. Subin, seconded by Vice Mayor Klingensmith to approve for second reading and
            adoption, all in favor. Motion passed 4-0
               A Fl. Dept. of Community Affairs requirement.
 

e. Ordinance No. 350 Noxious Weeds, First Reading - Building Office Adams

               Quite a bit of discussion on this one. We reminded the Commission that the lovely oak trees
               surrounding harbor bay Plaza are Carrot Wood Trees! She said no way , made a bet Carrot Wood
              she buys me a shot & beer at Pawnbroker, Oak I buy her a Cosmo. We don’t need all this stuff.
              let it be complaint driven by a resident not a staff member!

      Motion made by Vice Mayor Klingensmith to pull from the agenda, seconded by Cmsr. Subin, all in favor.
               Hurrah!
 

f. Resolution No. 691 Intercity Rail

           A no – brainer to satisfy the sustainable development crowd.. Train  from Miam to Orlando.
          We don’t have enough chinamen to build it. Get the welfare social security check crowd to build it.
     Motion made by Cmsr. Thurlow-Lippisch, seconded by Cmsr. Subin to approve Resolution No. 691, all in
     favor. Motion passed 4-0

4. Consent Agenda:

a.   Approval of Minutes: May 26 and June 16,2009
         
          Comsr. Jaqui TL once again critqued her portrayal or challenged it and asked for corrections & rec’d same.
         hence this abbreviated “Minutes” by the Town Clerk. Would appear that Town Mgr. Told her to leave out
         the commentary, I.e., "Frustration" . Now residents don’t have the full story. Will try to fill you in here.
b. Approval of Financial Report for May 2009

c. Approval of Disbursements

               Check #12974-13024 for the month of May 2009

Motion made by Cmsr. Subin, seconded by Vice Mayor Subin to amend the May 26, 2009 Minutes as noted, all in favor. Motion passed 4-0

5. Old Business: None

6. Town Manager's Comments - Town Manager Kellogg

              None

7. Comments from Commissioners on topics not on the agenda

              Comsr JTL ?

8. Adjourn -
                   Motion made by Vice Mayor Klingensmith, seconded by Cmsr. Subin to adjourn, all in favor. Meeting adjourned at 8:25 P.M.

Respectfully submitted,

Ann-Marie S. Basler

 9. Comments from the web writer not on the Agenda.
         No news was forthcoming on the Fire Contract between City of Stuart & The Point. Appears price around
        $ 330,000.00 per year, payable quarterly at 81,000.00. Seems a re write in order regarding the continuance
        of OUR Contract should  fire rescue be merged: Stuart & County.  I.e., our deal stays in place regardless.

 

With Kind Regards,

Web Writer @ www.sewallspointer.org,

                

              
                     

                                      
 
                 

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SUBJECT: There will be a Special Workshop of the Town Commission on Tuesday, June 16,2009 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 . Mayor Osteen

·      Roll Call

·      Approval of Agenda

2. Visioning as Part of EARl Water Supply Facilities Plan
            
          DCA ( Fl. Dept. of Community Affairs)  requirement. A plan will be presented by Town Mgr.

           Town Mgr.: Due to submit Sept. this year. Comp plan due May 2011. One of the key elements is the
           Capital Improvement Plan. "You need to determine which of these you want to include or delete".

           Mayor Osteen to Twn. Mgr., " do you have any reccomendations ?". TMgr. "economic Cond. have changed
           we will have to significantly pare back the list.

           Comsr. Schoppee: "should be able to get some of that (sidewalk) just to Town Hall from Miranda".
           Twn. Mgr.: submit zero fro 5 years, wait till 10 year".

           Comsr. Subin: "Just maintain the basic level of service." "no absolute need fro this stuff' ( items on 5 year list).

           Mayor Osteen: "Island Rd. bridge?". TMgr. We did $50k in repairs after hurricanes should be OK.
          
           T. Mgr: police cruiser replacement $90,000. cars have 100,000 miles. Comsr. Mark K says so what I've got
            300,000 on y Lexus. *Police cars just getting broke in.
           Web writer suggestion: keep Lieutenants car in the garage after her shift. That ride home a con. *Will explain later
           if challenged.

          

           Item 2 5 yr plan "street Improvments $ 400,000 + 100k per year . Comsr, mark K "is that all for overlay?".

           T.Mgr. "yes". Web writer says a waste! Some not needed at all. The "pay me now or pay me later" approach
             not necessarily correct on this issue. Web writer has another way to approach the alligatoring issue,
           much less costly.

           Computer up-grade 3750.00 per year: Comsr.? "How much of this is necessary?" TMgr. none.
              web writer notes that computer up grade costs of the past way overboard. Primarily Buiding Dept stuff.

           Long story short given the current economic conditions a decline in tax revenues best to take a due nothing
           approach for now. No issue/item on the 5 year plan will be acted on at this time. I.e. shelved. Ten year plan
           will be discussed sometime in the future.

           A Capital Improvemnt Plan is a DCA requirement. Does not mean you cannot submit same with ZEROS.
           Comsr. JTL ask TMgr ih he can ask if other Towns are submitting w/zeros. Tmgr. will check.
          

3. Discussion of 2009~ 2010 Budget

              11.? something % increase/decrease? 1% Twn. Mgr., 1% office, 3% police

          Capital Improvement 5 & 10 year plans: scroll down to view plan detail:
            
                Notables: 5 yr. & 10 yr.: 1,000,000.00 for A1A undergrounding, landscaping of Islands, mast arms.
                                 10 yr. $ 700,000.00 to replace storm drainage system .

4. Discussion of Fire/Rescue Contract

           Should be presented with a plan from the City of Stuart for around $ 350,000 per year. tax increase necessary to cover
        this cost? Yes/No? Not finalized yet. Only issue remaining is a continuation of our agreement should there be any mergers.Twn Mgr. says
        "it needs to be significantly changed in the Merger Section. Twn. Mgr and T. Atty reported that they had met w/Stuart Atty et al and that
        would be worked out OK. Sees a closing Sept. maybe August but doubtful.

        Comsr. JTL" says "we need to pressure to get this done sees to many opportunities missed in real estate deals for failure to act promptly.
        Comsr. Subin: "forcing a deal not the way to go. "must be binding on any successor".

       
        In this writers opinion it appears that at least 3 Commissioners will insist on No increase in tax rate to cover Fire Rescue Contract which
        appears to be coming in at $345,000 annually paid quarterly at 81,000. I.e. Cut or reduce  current in house expenses.

        Comsr. Subin; "restraint is incredibly important now, look at re-curing expenses."
        Comsr. JTL: " It helps to have historic comps, I have done millage rate comps going back to 2000 thru 2008." Passed out the comps to
        Commissioners. Not sure how that ended.

        Comsr. Subin' "Death by a thousand paper cuts" referring to re-curing expenses. i.e., salaries, number of personnel?.

        from the audience, part time resident  Tom Bausch & former Comsr. said: "based on my 8 years experience I wouldn't be hesitant to increase
        milage. Also what is the percentage of revenue from outside sources? meaning grants?

Commnets from Commissioners: Comsr. Mark K.: what is status of Quiinberry law suit"?
       
       Twn Mgr. talking to there Atty. No resolution yet.

       

5. Adjourn


5 YEAR CAPITAL IMPROVEMENT PLAN

Rank	No.			PROJECT	COST	2009	2010	2011	2012	2013
	1		Improvements to AlA: undergrounding, landscaping of islands, installation
		.	of mast arms		1,000,000.00	0.00	0	500,000.00	500,000.00	0
			------------.-------
			--~---_._ .. _---
	2.		Street improvements, townwide		400,000.00	100,000.00	100,000.00	100,000.00	100,000.00	0
			,----
		3.	Park improvements, installation/replacement of playground equipment, rest
			room, and structural repairs @ $25,000 each year		125,000.00	25,000.00	25,000.00	25,000.00	25,000.00	25,000.00
-----			------.--------
-----	4.		Replacement of storm drainage system, townwide $50,000 each year 2nd-
			5th year		200,000.00		50,000.00	50,000.00	50,000.00	50,000.00
----	-.---- ---
---		5.	Renovations of Town Hall: Break out over 2009-2012 - kitchen, landscaping,
			parking lot, replacement of railing in front of Town Hall, interior
			renovations, replace interior doors		200,000.00	40,000.00	40,000.00	40,000.00	40,000.00	40,000.00
--
---	----
	6.		Stormwater retention/detention projects, S.Sewall's Point Road		250,000.00	250,000.00
--.- ...	----									--
---			Stormwater retention/detention projects, Mandalay/ Marguerita land
	7.		acquisition		400,000.00		200,000.00	200,000.00
------	--------		--
- .. --.-
	8.		Mandalay/Marguerita construction		250,000.00			250,000.00
-----	------ .. - ..		--
----	-.-----		--------
	9.		Police Dept. Cruisers - S @ $27,000 (Hybrids)		135,000.00	27,000.00	27,000.00	27,000.00	27,000.00	27,000.00
	_ ...
-.--	--		-'
	10.		Computer system upgrades & software (+2,500/year)		40,000.00	3,750.00	3,750.00	3,750.00	3,750.00	25,000.00
-----
	11.		Island Road Bridge Replacement		500,000.00				250,000.00	250,000.00
--
	12.		Vehicle Replacement (Hybrids)		50,000.00					50,000.00
----	----
---	_.-----
	13.		Street Light Replacement/Installation (Solar)		150,000.00	30,000.00	30,000.00	30,000.00	30,000.00	30,000.00
_____ ._n._	-.-.-		_________ • ___ u _
	14.		Undergrounding of Electric Lines townwide (no included in Total Cost)		3-6,000,000.00
-------					--
------	-,
	15.		Sidewalks		500,000.00	100,000.00	100,000.00	100,000.00	100,000.00	100,000.00
---	----~.		-----,
				TOTAL:	4,200,000.00	575,750.00	575,750.00	1,325,750.00	1,125,750.00	597,000.00

 

 

 

Capital Improvement Plan 10 YEAR 

Rank No.   PROJECT   COST 2009 2010 2011 2012 2013 2014 2015 2016 2017   2018       Improvements to AlA: undergrounding, landscaping of islands,                               1. installation of mast arms   1,000,000.00 0 0.00 500,000.00 500,000.00 0 0 0 0   0   0             . - -.                 --   2. Street improvements, townwide   600,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 0 0   0   0     Park improvements, installation/replacement of playground                               3. equipment, rest room, and structural repairs @ $25,000 each year   250,000.00 25,000.00 25,000.00 ~~()[J 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00                 ~.             Replacement of storm drainage system, townwlde 550,000 each year                               4. 2nd-5th year     700,000.00 0 50,000.00 50,000.00 50,000.00 50,000.00 0 100,000.00 250,000.00 150,000.00 0               --------- .. - ------~--- ~-_ ... __ .. _.-                               . --                     Renovations of Town Hall: Break out over 2009-2012 - kitchen,                                 landscaping, parking lot, replacement of railing in front of Town Hall,                               5. interior renovations, replace interior doors   200,000.00 40,000.00 ~_40,OOO.00 40,000.00 40,000.00 40,000.00 0 0 0 0 0   6. Stormwater retention/detention projects, S.Sewall's Point Road   250,000.00 250,000.00 0 0 0 0 0 0 0 0 0             ----~._-- ... --                         Stormwater retention/detention projects, Mandalay/ Marguerita land -------                           7. acquisition     400,000.00 0 200,000.00 200,000.00 0 0 0 0 0 0 0         - .                                 --           .. ---                   8. Mandaiay/Marguerita construction   250,000.00 0 0 250,000.00 0 0 0 0 0 0 0           ----                       9. Police Dept. Cruisers .. 5 @ $27,000 (Hybrids)   285,000.00 27,000.00 27,000.00 27,000.00 27,000.00 27,000.00 30,000.00 30,000.00 30,000.00 30,000.00 30,000.00           -.- ------ ..                         10. Computer system upgrades & software (+2,500/year)   65,000.00 3,750.00 3,750.00 3,750.00 3,750.00 25,000.00 0 0 0 25,000.00 0   11. Island Road Bridge Replacement   500,000.00 0 0 a 250,000.00 250,000.00 0 0 0 0 0             ----- -.                       12. Vehicle Replacement (Hybrids)     50,000.00 0 0 0 a 50,000.00 a 0 a 0 a     13. Street Light Replacement/lnstaliation (Solar)   300,000.00 30,000.00 30,000.00 30,000.00 30,000.00 30,000.00 30,000.00 30,000.00 30,000.00 30,000.00 30,000.00     14. Undergrounding of Electric Lines townwide (no included in Total Cost)   400,000.00 0 0 0 0 o 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00   a         --       100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 a 0         15. Sidewalks     700,000.00 100,000.00   0       --                       TOTAL: 5,950,000.00 575,750.00 575,750.00 1,325,750.00 l.125,750.00 697,000.00 1,285,000.00 1,285,000.00 1,335,000.00 1,260,000.00   85,000.00

 

 

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TO: All Commissioners, Town Attorney, the Public

FROM: Don Osteen, Mayor

SUBJECT: Regular Meeting of the Town Commission Tuesday, May 26, 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:

a. Ordinance No. 342 Noise, Construction Work, First Reading – Mayor Osteen
        Mayor Osteen; "tried to take permitted work out of the issue". Still issues w/complainants & family members
        helping out after hours. Issue raised by Comsr Schoppee on fines fro "false alarms", i.e., non-substantiated complaints. No consensus.
        Turns out the issue that brought this to a head appears to behind those involved. The writer suggest a solution to Comsr. Schoppee's
        failure to comply issue w/fines after certain number of complaints are not responded to. If the complainant or the Town fails to find the
       complaint valid after three investigations by police aka code enforcement then the complaint liable for all cost associated with the complaint
       follow up. Betcha that takes care of the issue.

        It was also noted by Chief that the police went on the grounds to search for a hidden construction trailer. Noted that was inappropriate.
       We note that if it was hidden the search was indeed wrong. Chief said he had taken measures to resolve that issue.       

        Comsr. Schoppee noted that the complainant and the supposed violator were in the room and wanted to hear what they had to say. Mayor
        Osteen said "no comments necessary" Wise move.

         Comsr. Schoppe made motion to approve Ord. , died for lack of second.

b. Ordinance No. 347 Signage, First Reading – Cmsr. Thurlow-Lippisch
        After much discussion again by Comsr. JTL & ex Comsr. Winer motion to approve passed.  Mr. Winer made intersting comment;
        he said he was the creator of the current Ordinance and had even brought in the "ACLU", writer thinks meant to say  "constitutional
        attorneys", OMG! Now you know the rest of the story & why it needed a re-write and why it still has the dumb 6 signs OK line!
        The writer apologizes for bringing this issue to the forefront as I only wanted to rid the Town of the "contractors" eyesore commercial signs on
        our (the Towns) & private  property! Turns out that Comsr. JTL has had several conversations w/Ex Comsr./Mayor Winer I'm guessing thats
         why the 6 signs OK still in it. Codification to follow as needed.

        My apology is for what must be the huge Attorney fees associated with this re-write! I will attempt to determine that cost.       
       The writer thinks that all Ordinances should have an attorney associated fee attached to each Ordinance as a sidebar. Legal fees one month
       thru April 21,09, $ 2071.75. "Legal Assistance" Oct. 08 thru April 09 $ 21,607.00. Annual budget legal $45,000.00. Currently $4500.00
       under budget.
      
          

c. Resolution No. 689 Support of River Coalition
        Adopted: No brainer - offers continuing support to stop the grunge from flowing into estuaries.

d. Resolution No. 690 Authorizing Negotiation of Cell Tower Lease with Site Concepts, Inc. – Cmsr. Subin
         This item was pulled prior to start as Comsr. Subin not in attendance. Dave Shore went to the podium to address this issue. Said not enough public discussion.
          Of course he missed the discussion at the last Town Meet which was published prior to the meeting. Said he talked to Comsr. Subin but didn't get
          any answers. Really? Said Subin didn't know if there were to be supporting guy wires or not, strange as the presenter at last Town meet
          says "yes there will be guy wires". How do I know I was there and my notes say he say, yes to guy wires, plus I heard it. This would have been
          second hearing on Cell tower issue.

         The writer while originally having strong support for the cell tower is now wondering the effect on property values as this will be no small tower
         as you enter town. Then again against a back drop of water/sewage tanks who cares? Writer will place Cell Tower in photo with Town Hall
         so residents can capture image of what it may look like. Photo will appear on this site with Banner announcement. Also at first presentation
         was mentioned that one could up-grade the Wi-Fi, meaning? that download speeds probably to slow for the writer & others? Now W--Max by time
         gets here, faster?
       

4. Consent Agenda:
         Passed unam. Agrees with all expenses & disbursements by Town Mgr. et al Departments.

a. Approval of Minutes: April 28 and May 12, 2009

b. Approval of Financial Report for April 2009

c. Approval of Disbursements #12917-12973 and #406200 for the month of April 2009

5. New Business:

a. Request Paul Broome to Dissolve “Unity of Title” – Attorney Torcivia
         After a long & detailed presentation by Mr. Broome and questioning by Comsr's, notably Comsr. Jaqui TL it became clear that
         His request wasn't going to make it past the tell test. Mr. Broome with drew his request before the other Commissioners asked questions.
         The following are copies of Mr. Broom's case/issues with the Town. The copies that follow represent the writers & residents right to "Sunshine".
        
 Writers Note: The following copies are scans and in some cases may not represent exact duplicates of the original copies.*
       * copies provided by the office of the Town manager at the writers request.
" M.. Paul Broome & Patricia A. Donohue 163 S. Sewall's Point Road Sewall's Point, Florida 34996 772.528.4137 Fax 772.287.0272

April 23, 2009

Robert Kellogg, Town Manager Town of Sewall's Point

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

Re: 160/163 S. Sewall's Point Road

Mr. Kellogg,

Please consider this letter to be my formal request to release the Unity of Title that is in place for the properties located at 160 and 163 S. Sewall's Point Road. The Unity of Title was created as a requirement for the construction of a dock.

We now wish to construct a single family residence on the property at 160 S. Sewall's Point Road. We have received confirmation from the Town Building Official indicating that the lot meets all size, zoning, and setback requirements for the construction of a home, pending the release of the Unity of Title.

-The two properties have separate:

Property ID numbers, Addresses,

Property Tax accounts/bills Utility accounts/bills

-Both properties are lots of record which were established as follows 163 S. Sewall's Pt. Rd.

Lot 6, Marguerita Subdivision - Platted in 1985

160 S. Sewall's Pt. Rd.

Part of Sewall's Point Land Company SID - Platted in 1913

The following are attached:

-Letter from Town Building Official indicating that the waterfront lot is buildable

-Original Unity of Title as recorded

-Property Appraiser data, property tax bills, and utility bills for both properties

-Aerial Photograph showing the properties

I have also enclosed a Release agreement, based on previous Releases that the Town has granted.

Thank you for your consideration. I am at your disposal to meet and discuss this in detail.

Sincerely

M. Paul Broome     Patricia A. Donohue "

Time Line of Events
 

Jan. 1999                     Purchase Property at 160 South SewaIl's Point Rd.

Feb. 1999                    Receive Permit to clear. fill and prepare house pad.

Feb. 1999                    Building official is instructed to ask that I donate our property to the town. I politely explain that we are planning to build our home on our land
                                   and refused his offer.

Feb.1999                     Mayor Winer ordered an emergency meeting and requested a moratorium on what he believed to be questionable waterfront property,
                                   then instructed the Building Official to refuse any application for development at 160 South Sewall's Point Rd.

March 1999                 Commission passes Ordinance # 256, which changes any UNDEVELOPED WATERFRONT LOTS TO BE DEEMED RIVERFRONT
                                   LOTS. This changes the set back from mean high water from 25 feet to 50 feet. (Incorporated into Land Development Regulations in Sec. 82-1, definition of Lot, Riverfront)

March 1999                 a suit was filed in reference to the ordinance # 256
 

Jan. 2001                     an approval letter is given by the Building Official to local architectural firm with a preliminary design of approximately 1850 Sq. Ft. and meets
                                   the new setback Ordinance # 256.

April 2001                   Commission passes Ordinance # 285, which increases the minimum living square footage of a home (completed or even under construction)
                                  from 1500 to 2000 and made it a CLASS D VIOLA nON  (Incorporated into Land Development Regulations in Sec. 82-275)

Jan. 2003                    A General Release of the suit that was filed in 1999 (4 years), which agreed to Ordinance #256 and #285.

Aug. 15^th 2003           Record purchase of lot 6 Marguerita Subdivision (Lot of Record)

Aug. 19^th 2003           we created a Unity of Title for two Lots of Record for the purpose of constructing a dock

May 2004                  Receive a permit to build a house on Lot 6, Marguerita Subdivision. This permit was granted to lot 6 on its 0\\'11 merit of sufficiency in regard
                                 to setbacks, Pervious and Impervious surfaces and Health Department requirements for septic systems.

May 2009                  Request to dissolve unity of title in order to develop the larger of the 2 Lots of Record.


 

                    

                       

AGREEMENT  

Upon receipt and clearance of the Seventy Thousand Dollars ($70,000.00) settlement proceeds, Ten Thousand Dollars ($10,000.00) shall be paid to
Kramer, Sewell, Sopko & Levenstein, P.A. from it's trust account in full and final satisfaction of all attorney's fees and costs. The balance of
 Sixty Thousand Dollars ($60,000.00) shall be paid to M. Paul Broome and Patricia Donohue.

 

This Agreement and payment of the above-referenced funds shall fully resolve all issues between Kramer, Sewell, Sopko & Levenstein, P.A. and
M. Paul Broome and Patricia Donohue arising from the representation by Kramer, Sewell, Sopko & Levenstein, P .A. of M. Paul Broome and
Patricia Donohue regarding the dispute and litigation between them and the of Sewall's Point.

 

Agreed this 7th day January, 2003

 

Kramer, Sewell, Sopko & Levenstein, P.A.

 

GENERAL RELEASE

KNOW ALL MEN BY THESE PRESENTS, that We, PATRICIA DONOHUE and M. PAUL BROOME, Releasors, for and in consideration of the sum of Seventy Thousand and 00/100 ($70,000.00) Dollars, or other valuable considerations, received from or on behalf of, TOWN OF SEWALL'S POINT; BUILDING OFFICIAL EDWIN B. ARNOLD; COREGIS; THE FLORIDA LEAGUE OF CITIES; and THE FLORIDA MUNICIPAL INSURANCE TRUST, Releasees, the receipt whereof is hereby acknowledged,

(Wherever used, the term "Releasor" and "Releasees" shall include those parties specifically named in this release and all other entities and persons, natural
 or corporate. The term "Releasor" and "Releasees" shall also include singular and plural, heirs, legal representatives, assigns of individuals, officials, employees,
 agents, servants, officers and directors, stockholders, attorneys, representatives, employers, successor subsidiaries, affiliates, partners, predecessors or
 successors in interest, assigns of corporations, whenever the context so admits or requires.)

HEREBY remise, release, acquit, satisfy, and forever discharge the Releasees, of and from any and all manner of action and actions, cause and causes of
action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances,
 trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which Releasors ever had, now have, or hereafter can,
shall or may have, against Releasees, for, upon or by reason of any matter, cause or thing whatsoever, whether direct or vicarious, from the beginning of the
 world to the day this document is signed, including but not limited to claims for constitutional violations, inverse condemnation, defamation, estoppel, defective passage of an ordinance, defamation or claims that were brought or could have been brought in the case of Donohue v. Town of Sewall 's Point,

1 of 5

 

6. Town Manager’s Comments – Town Manager Kellogg

a. Fire/Rescue
          The writer is in possession of the correspondence from Twn. Mgr. to City of Stuart as a counter to their proposal. End result is Twn. Mgr.
          counters Stuarts offer with annual cost to us of $ 303,541.58. with merger contingency. The writer is not in possession of their response.

7. Comments from Commissioners on topics not on the agenda

a. Sidewalks – Cmsr. Schoppe

          Comsr. Schoppee stated that negotiations w/dr. Nemo fo right of way fruitless. "his price out of line". The writer suggest that there may be a personality conflict and time for a change.
          the writer would be pkeased to offer his services as a taxpayer/resident. very possible the weriters charming personality will overcome.
          Comsr. Schoppee said he met with twn Mgr. & Engineer Captec, Joe Capra and they came up with 4 alternatives  for sidewalk from
          Town Hall to Miramar. Mr.. Schoppee made the unfortunate statement that "he didn't want to wait to see little Johnny Smith's Obituary in the paper"
          The writer  went to the podium and passed out photos of current situation w/fake stuff, grass & a winding concrete sidewalk as installed in
          Jupiter Island. The writer noted it was unfortunate that Comsr. Schoppe made the "Little Johnny Smith" statement as he put the other
         Commissioners in a very awkward and undeserved position. The writer strongly suggested that grant money should be available for permeable
         concrete which was developed expressly to promote drainage thru the concrete rather than run off.

         It has also been noted that some grant money may be available from the MPO. It should also be noted that most any highway engineer will tell you that wider roadways mean higher
         speeds, aka rubber tire shredded sidewalk area gives the impression of a wider road and thusly inviting higher speed, not intentional but
         a normal intuitive reaction to a wider roadway, appearing or real.

         It should be noted that the 2 porta potties are drawing a nice crowd, notably the homeless who now like to hang there a smoke out on the
         lawn. For children we recommend diaper bags! For adults most of us know iur routine. What ever happened to the Cindy Lucas Idea to add
         entry fro residents to Town hall restrooms w/separate entrance w/keys? Thoght Town Mgr. was getting an estomate? On the other hand the
         porta potties go hand & hand with the pearly gates, welcome to Rio!
 
        

8. Adjourn

 

---

Town of Sewall’s Point

Minutes of Workshop

May 12, 2009

Present: Mayor Osteen, Vice Mayor Klingensmith, Cmsrs. Schoppe, Subin and

Thurlow-Lippisch, and Town Manager Kellogg, Attorney Torcivia, Chief

Cerniglia, and Building Official Adams

1. Call to Order – Mayor Osteen called the Workshop to order at 7:03 P.M. Asking if there were any changes to the agenda, Mayor Osteen asked to table New Business

4c. Discussion of ADT Select Link. Motion made by Vice Mayor Klingensmith, seconded by Cmsr. Schoppe to approve the agenda as noted.

In Favor: Klingensmith, Schoppe, Subin, Thurlow-Lippisch, and Osteen Opposed: None

2. Comments from the public on topics not on the agenda – Resident Don Gleichman gave back materials regarding the 2010 census saying,
“It is a good thing and should be voluntary …” but did not want to continue [as local coordinator] due in part to the political nature of it.
         From the podium, the writer advised the Town Mgr. that he was returning the "Census 2010" package as he had found out that it was tied
         to Acorn and that Acorn has been indicted in 14 states to date for voter fraud registration. Acorn census takers were given quota cards & paid
         for gathering signatures. The registration vard required 20 new registrants. Those who could not get or were to lazy to get 20 signatures made up
         "Mickey Mouse" turned up many times! The writer had advised the Twn. Mgr. that he would be returning the Census 2010 package if he
        discovered that the package was tied in anyway to ACORN. Google "Anita Moncreif" former Acorn associate and a part of Michelle Malkins
        column " All The News That's Fit To Suppress". Her link is on the opening page of this website. I will be investigating what role if any.
        Acorn is playing in Martin Counties census efforts. has Martin County pais or receiving money from ACORN or the "Census 20 10" project which is an
        Obama event. Last I heard the Obama Tarp pkg. has 20 or 50 million allocated to ACORN. Cramer was right, Lenin is alive and well in
        America !!!!!!!!!!!!!! More later        
       

3. Old Business:

a. Discussion of Sign Ordinance – Cmsr. Thurlow-Lippisch gave an overview of the most recent changes made to this ordinance and asked input from fellow

commissioners. There were a few questions asked such as: Are there fines tied to this ordinance, right-of-way concerns with the limitation of 100’ at the

intersection of Sewall’s Point Road and if this would affect any private properties in that area. Cmsr. Thurlow-Lippisch told the Commission she would

have the area measured at the intersection and would come back with additional information at the next meeting. She then commented on the letter sent by

Town Manager Kellogg to the commercial people in the area who she said did not understand the letter and requested another letter be sent. Town Manager

Kellogg agreed and said another meeting will be scheduled on May 21st, and will bring back this ordinance to the Commission for a first reading.

     "Commercial'" we took to be realtors  & businesses like those in Harbour Bay Plaza. The write yanked 2 signs today placed at the entrance to
    High Point.
          The Sign Monster has taken care of the "Pool Service" signs. Hopefully code enforcemnt will remove the others??????????????    

4. New Business:

a. Wi-Max – Cmsr. Subin discussed Wi-Max saying that over the course of last year, Lee Chapman had approached the Town asking to place a cell tower
    behind Town Hall in exchange for free high speed wireless [for the whole Town]. Mr.Chapman gave a brief presentation to the Commission and asked if there
    was any interest in Wi-Max which has a higher speed and could give better distribution (area). He indicated they feel they can service 95% coverage to the
   Town. Many questions were asked such as how tall the pole would be-100-125’; what does it look like-a pole camouflaged with a flag and a base of 38” that
   tapers up, inside is a fiberglass shell (antenna on inside); speed-10-12 times faster; how much space would they need-50’x50’, etc. Conversation concluded
   with the commission saying they would like to see the aesthetics of this (pole) first, and Cmsr. Thurlow-Lippisch noted that owner Bruce Luria indicated he
   would be open to he Town purchasing his land.

         At first glane the writer liked this idea. A closer look reveals an important issue, the SIZE! With a base of 38" to 36" at top the taper is
         negligible. The height could be overpowering and contribute to visual pollution and lower property values. On the other hand the benefit of possible
         Wi-Fi-Max offering free internet access and possibly being able to use cell phones exclusivelt. i.e. throw out ATT/Bell etc. is alluring.
         Comsr. Subin  noted that 22% of the population/homes use cell phones only!

b. Speed Limit –Mayor Osteen said at the last meeting he suggested the speed limit be lowered to 15 mph and wanted to clarify that he was joking. Attorney
    Torcivia said he had done some research on this and according to Ch. 316.189 (Title XXIII MV), “The maximum speed within any municipality is 30 mph.”
    A study was done a year ago said Chief Cerniglia, who referenced those findings. The wish to have sidewalks more than changing the speed limit was expressed
    by Cmsr. Schoppe. Again, costs involved with installing a sidewalk was noted and the kind of materials to be used, options such as widening the road on one
    or both sides of the street, repainting lines to make roads smaller and finally, it was determined that Cmsr. Schoppe along with Town Manager Kellogg would
    meet with Town Engineer Capra to discuss all of these options/suggestions and come back to the Commission.

 

  c.Discussion of ADT Select Link – Tabled according to vote.

d. Discussion of Ordinance No. 351: Construction Work – Mayor Osteen began the discussion by stating Ordinance #351 was too restrictive and talked
about a few of the changes made. Discussion followed as to what had been done and why and next steps.Douette Pryce said he was a resident new to
Sewall’s Point living on Fieldway. He summarized a chronology of complaints by a neighbor which involved the Police Department and showed the Commission
a packet of materials he had gathered from the P.D. backing up what he was saying. He said his neighbor was falsifying complaints causing police officers to
come to his home 2-3 each week since he moved into Sewall’s Point in January, and asked that the Commission come up with a scheme regarding competitive
complaints with an economic cost attached to it (when calls made to the Police Dept. are unfounded). He said at this point he feels it is “harassment.” Responding,
the Commission said this ordinance had been in the works for over two years and not directed at Mr.Pryce. Cmsr. Thurlow-Lippisch suggested having an
education packet available o new residents supplying them with information concerning Town ordinances, etc., although this case was different from the usual.
Further discussion continued around neighbor vs. neighbor and if/when it is a situation that appears to be out of control, is there a way for the Town to step
in. It was decided that Atty. Torcivia would research this kind of situation and get back to the Commission. Vice Mayor Klingensmith said there should be a
“mandatory mediation” clause included in the findings.

Mr. Pryce’s aunt, who works for the justice system in Jamaica, spoke saying she felt it was “racial harassment” and it needed to stop. Cmsr. Schoppe said this
was the first time the Commission was being presented with this and asked for an opportunity to act responsibly, as servants of the Town. Resident Tony
Lagana complimented ‘this’ Commission regarding comments from Cmsrs. Subin and Schoppe, and others, about easing the reputation that Sewall’s Point has
and that they do not have to lower standards, but use common sense. He went on to say, “This may be a cleansing in making Sewall’s Point a great place to live
with high standards and neighbors not fighting each other and officials backing this up.” The Commission thanked Mr. Pryce and his aunt.

     Long story short this was not about racism but a resident complaing about noise from construction & after hours work. Mr. Pryce had with him
     back up material and stated that of the 20 some times the police or code came by or complaints lodged not once had/has any complaint held up
     or had he been fined.

4e. Discussion of Changes to the Dock Ordinance – Cmsr. Subin reviewed the changes made to this ordinance reiterating that previously setback

requirements were removed due to the fact that most of Sewall’s Point sits onan aquatic preserve and those requirements were different. Again, he said all

of Sewall’s Point is not a part of this preserve [which does require a setbackrequirement]; and the terminal platform was pulled. He said the two-named

provisions were amended stating that all of Sewall’s Point was not a part of theaquatic preserve and the terminal platform required a setback of 100’. This

ordinance will be brought back to the Commission for a first reading at thenext meeting.

5. Town Manager’s Comments:

a. Discussion of Fire/Rescue – Town Manager Kellogg said he submitted a counteroffer to the City of Stuart and had not heard anything as yet. The City met the

other evening he said, but nothing was discussed concerning the counter offer.He was hopeful that he would hear something later in the week.

6. Comments from Commissioners on topics not on the agenda – Cmsr. Thurlow-Lippisch asked Chief Cerniglia to have “Curb your dog” signs removed on River

Road due to the aesthetics.

      The writer loves this one. Surely the dog signs are more offensive that a little poop here & there. Most pick up their pets droppoings
       except the big dude that drops his stuff on my lawn!  Bad owner!

There being no further discussion, Vice Mayor Klingensmith made a motion to adjourn,

seconded by Cmsr. Subin, and all in favor. Meeting adjourned at 8:55 P.M.

Respectfully submitted,

Sorry soft ware issues: