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Remember Global Cooling?
Climate Change- Prediction Perils | Newsweek.com




Dec 29, 2009

SCIENTISTS AGREE WORLD IS COLDER; But Climate Experts Meeting Here Fail to Agree on Reasons for Change

January 30, 1961, Monday

By WALTER SULLIVAN

Section: BUSINESS FINANCIAL, Page 46, 1326 words

DISPLAYING FIRST PARAGRAPH - After a week of discussions on the causes of climate change, an assembly of specialists from several continents seems to have reached unanimous agreement on only one point: it is getting colder.

 

EARTH'S WEATHER GROWING COLDER; U.S. Among the Exceptions, Rome Symposium Hears

October 8, 1961, Sunday

Special to The New York Times.

Page 66, 386 words

DISPLAYING FIRST PARAGRAPH - ROME, Oct. 7 -- The earth, with few regional exceptions, is undergoing "a persistent cold wave" that began in the Nineteen Forties, a United States weather man told a symposium on climate this week.

 

Weathermen Try to Explain the Why of Spring That Never Was in 1967

May 31, 1967, Wednesday

By JOHN NOBLE WILFORD

Page 29, 975 words

DISPLAYING FIRST PARAGRAPH - In the year 1816 the year without summer, they called it snow fell in New England and parts of New York in June, July and August. Crops failed. People were impoverished and mystified.


July 2, 2009

  Jensen Beach group "HomeTown Dems"

        from Big Al @ "Defending Your Stuff":
       

The Martin County

Defender

The e-newsletter for aware citizens – No. 110  

Jensen Beach Group presents excellent public issues forum

 

On July 1, 2009, the Jensen Beach Group (JBG) presented a wide ranging forum at Indian Riverside Park with community leaders discussing important public issues. It’s been about two years since Martin County residents were treated to such an informative, well attended presentation. Those in 2007 were sponsored by another group that has since languished due to poor leadership.

 The forum title was “Taking the Pulse of Martin County.” By allocating just 10 or 15 minutes for each topic, plus question and answer time, the program chaired by Henry Copeland moved along at a lively clip.

  - Two Florida State Senate candidates squared off for the August 4 special State Senate election to replace Ken Pruitt.

  Joe Negron (R) spoke about his determination to eliminate pollution from Lake O , and to clean up the Everglades . He emphasized that the state must live within its means. In reply to the question of whether he supported Florida Hometown Democracy, he took the developer position that he opposed because voters would be micromanaging growth, a false claim.  

           Al:  " Brains and Balls" classy in reality describle the appearance of Joe Negron. He chose to appear at a forum that he knew would be hostile. It was interesting that the Chair of this group chose not to, Instead attending a Pat Benatar concert. So much for commitment!
But then again most likely new he would be hearing the same old BS! Again!  

Ramos demonstrated his lack of knowledge on most every issue with mumbling, rambling responses, best demonstrated by his "and all that stuff" comment! 

 Joe Negron answered truthfully & directly, notably, the first question from the one & only Dave Shore, " Do you support Hometown Democracy?" He replied "No" & explained why.

 

Bill Ramos (D) spoke about supporting the natural floway south from Lake O. He is determined to eliminate special interest exemptions in the tax laws, and wants to rely on new industry for jobs rather than reviving growth and development.  In reply to the question of whether he supported Florida Hometown Democracy, he said he absolutely does.  

- Taryn Kryzda, the highly competent Acting County Administrator, focused on the county budget, services and taxes. The goal to keep the $141 million ad valorem tax level requires a rate increase from 7.23 to 7.98 due to lower property values. The budget reduction of 10%, of which the Commission controls $6 million, is being met with employee furloughs of one day per month, reduced contract services, elimination of positions, reduced Fire/Rescue overtime, health insurance savings -- and even warmer air conditioning settings. The sheriff’s budget is held to the same as last year. She believes that an employee health clinic will produce savings, and a plan is expected to go before the Commission in four to six weeks.  

- Jan Huffert, Martin County ’s well informed Legislative Affairs Coordinator, our pipeline to the state legislature, reported that county priorities include home rule, providing services, and improvement of the economy. State appropriations voted on May 8 included: Education – up $28 per K-12 student to $6873; $65.5 million for low income energy assistance; $15 million for beaches; $50 million for Everglades restoration; and $21.3 million in local library grants. The 2009-10 budget imposes over $1 billion in new fees. It is uncertain how Senate Growth Management Bill 360 will play out.  

- Lesley Blackner, Florida Hometown Democracy (FHD) President, described by one observer as the woman with three Bs – Beauty, Brains and Balls – said that Florida citizens are ready to take back control of growth from developers. She urged the audience to spread the word that FHD will be on the 2010 ballot as Amendment 4. She noted that a competing so-called “smart growth” amendment proposed by business organizations, which have spent $5 million so far, was bogus. It would require 10% of voters to personally visit the elections office to petition, thereby disenfranchising the military and the disabled. No other state has such a suppressive law.

       Agree or not, I give her a lot of credit. She has done more than pay lip service to her issue. Good for her.
Good for us?  

- Sarah Heard, the independent minded County Commissioner , was the keynote speaker. She predicted that the coming fight over FHD will provoke unprecedented mud slinging and fear mongering by opponents. Martin County is being damaged by a Commission majority determined to boost development. Heard said the big immediate issue was the Future Group proposed Comp Plan changes to create new towns and mixed use clusters that violate existing requirements. She noted that the latest data shows 2030 county population at 170,000, not 205,000 as erroneously claimed. Her own proposals for the future include retention of the 20-acre requirement, implementing the IR lagoon plan, no utility extension outside the urban services boundary, keeping transitions and buffers, imposing fair impact fees, and retaining traffic concurrency.

      As always. always Sarah. Has her own definition of "benefit to Martin County" note, see her dismal "Venture Park" performance and especially the applicant's closing remarks after he finaly won approval of the other Commissioners! he put her in her place!

 

We hope JPG will sponsor another such forum soon.
        
 Please spare us. Will be attendended  by the same group of nay sayers. Whats the point of speaking to choir, again. Attendance 50 plus or minus 5, including speakers.


Conclusions? Al should be preping Ramos for his "stuff"!!!!!!!!!!!  

Why another song fest? "Preaching to the choir'. Just watch themselves on MCTV or Jib & Jab!  

I looked at some numbers and wondered, are these real?!!!!  

number in Martin Couty who signed the HD petition as of June 4 2009 89!
is that right?! Out of 138,000 residents 89? *

 

  population                     Martin Cty; 138,000          HomeDEM signers      89 ?!
                                  St. Lucie Cty:   238,000                                           480 !
                                     Hendry           36,688                                             53! 

                                   Broward  1, 750,700                                            14,646
                            Palm Beach   1, 244,009                                              5,696

  * from Hometown Democracy/questionlist

"This amendment if placed on the ballot, represents the single greatest threat to Florida property rights since the adoption of the State growth Management Act and it's comprehensive planning models."

"No educated Florida citizen who believes in the American Dream and embraces the concept of freedom could possibly support the
Hometown Democracy Amendment" source "Coalition fro Property Rights".

All pop numbers from US Census Bureau.

 

hey Al! check w/ACORN think you can get more signers than that for martin St. Lucie ! Or get the dems out of the Stuart Womens Club, How much needle point does Cunha need to know?


ps' please pass on to A-H group I haven't set up that one on my e mail yet. Add Cunha, Thx, Don.
 

Ps/Ps all comments here-in are the opinions of the writer, Big Al included. 
 




June 23 09:

    The essence "Legal Zoom" be wary. Read Comments about LZ here:

LegalZoom .com Reviews- Complaints- Referral Codes- I only see good stuff about this web site..


Jan. 08

     How mosques in the West serve as recruiters for the jihad and play an important role in ideological
     subordination and cell discipline -  America Alone- The End of the World As We Know It


August 16, 2007

    Safe Space for Abused and battered women & children need help. Sophia owner of Sophia's Boutique at Harbor bay Plaza Sewall's Point is a member and has posted at "Post Comments" this site. Sophia's e mail is island863@aol.com . You can call her at 772 220 4718. or stop in and say hello!

June 15, 2007

In celebration of the Points 50th former Mayor writes:

DOING IT WRONG FOR FIFTY YEARS?

 IT WAS VERY NICE FOR THE NEW MAYOR OF SEWALL’S POINT TO REACH OUT TO THE POPULACE WITH “TIMELY NEWS FROM TOWN HALL”, BUT SOME OF THE COMMENTS THAT SHE MADE WERE VERY DISAPPOINTING. SUCH AS, REPLACING THE “ANTIQUATED” FORM OF GOVERNMENT.

  THE TOWN WILL SOON BE CELEBRATING 50 YEARS AND THE “ANTIQUATED” FORM OF GOVERNMENT HAS BEEN MORE THAN SUCCESSFUL DURING THAT TIME.  PERHAPS IT IS THE PRESENT COMMISSION THAT IS “ANTIQUATED”.

 THE MAYOR ALSO REFERRED TO THE “TERRIFIC TOWN MANAGER”, WHO WAS HIRED AT AN EXTRAVAGANT SALARY, ON THE RECOMMENDATION OF A HIRED HEADHUNTER, WHO WAS PAID $15,000.  THE SWEETHEART CONTRACT THAT THE TOWN MANAGER WAS GIVEN, HAS TO BE SEEN TO BE BELIEVED! It SHOULD BE “REQUIRED” READING BY TOWN VOTERS.

PRIOR TO NEXT MARCH (elections), TAKING ALL THINGS INTO CONSIDERATION, THIS EMPLOYEE WILL COST THE TAXPAYERS APPROXIMATELY $180,000, THIS YEAR ALONE!  GEE, WHAT A BARGAIN!

 WHEN THE VOTERS WERE TOLD THAT A CHARTER CHANGE WAS NECESSARY, UNFORTUNATELY, THEY WERE NOT TOLD THAT THE CHANGE WOULD GIVE OUR NEW EMPLOYEE, ABSOLUTE POWER, AND IN MY OPINION, WHILE NO COMMISSIONER WILL TELL THE TAXPAYERS WHAT HAPPENED. LET ME TELL YOU MY OPINION OF WHAT HAS ALREADY HAPPENED.

 TO ME IT IS INSULTING THAT THE NEW EMPLOYEE (Town Manager) SPENT $307 OF TAXPAYER MONEY TO FLY HIS FORMER SECRETARY DOWN FROM OHIO FOR A FLORIDA VISIT, EVIDENTLY TO INTRODUCE HER TO AT LEAST 4 COMMISSIONERS, AS THE REPLACEMENT FOR THE 29 YEAR HIGHLY QUALIFIED CLERK/TREASURER.  WHO, IN BUSINESS HAS EVER HEARD OF FLYING A SECRETARY IN FOR AN INTERVIEW, WHO, AGAIN, IN MY OPINION, IS NOT CERTIFIED OR QUALIFIED IN FLORIDA?  WHY SHOULD SHE BE CHOSEN OVER MORE QUALIFIED TOWN EMPLOYEES AND PERSONEL FROM THE COUNTY & STATE, WHO WILL PROBABLY BE LOOKING FOR A JOB UNDER THE NEW STATE TAX PLAN?

 IT APPEARS IN THE MAYOR’S EPISTLE THAT THE MANAGER IS LOOKING FOR A REPLACEMENT FOR OUR TOWN CLERK, WHAT A CROCK?  I CANNOT BELIEVE THAT OUR TOWN COMMISSION WILL BE A PARTY TO SUCH A PRESUMED IMPROPRIETY OF TWO OUTSIDERS HAVING CONTOL OF OUR  TAX MONEY, WHEN THE PRESENT TOWN COMMISSIONERS ARE LIKE CLAMS, SILENT.

 LOOKS LIKE THE TOWN IS IN FOR A BAD YEAR, UNTIL MARCH OF 2008, WHEN HOPEFULLY, THE TOWN WILL ELECT NEW COMMISSIONERS, WHO HAVE THE INTEREST OF THE TOWN AND GET THE TOWN BACK TO ITS ORIGINAL PROMINENCE BY GETTING A PART-TOWN MANAGER, FOR MUCH LESS COST, AS ESPOUSED BY THE PREVIOUS 4 PART-TIME MANAGERS, ALL OF WHOM SAID THAT OUR LITTLE TOWN NEEDED NOTHING MORE.

 IF THE TOWN CITIZENS WANT THEIR TAX MONEY WISELY SPENT, AND DO NOT LIKE THE POSSIBILITY OF TAX INCREASES TO SUPPORT, AGAIN IN MY OPINION, MORE EXPENSIVE AND UNNECESSARY GOVERNMENT,  TALK TO YOUR NEIGHBORS AND PREPARE TO VOTE TO STOP THIS MADNESS.  I HAVE REAMS OF BACKUP INFORMATION, IF ANYONE WOULD LIKE TO HEAR MORE ON THIS WEBSITE.

 MAYOR/COMMISSION BILLY ESCUE, 1990/1996      .

Sewall’s Point resident 19 years

e-mail bjsq@bellsouth.net



May 3, 2007

FRIDAY, APRIL 27, 2007 

DEMISE OF A PARADISE

 NOW THAT THE ELECTIONS HAVE COME AND GONE IN SEWALL’S POINT, PERHAPS ITS TIME TO SHARE A FEW MEMORIES AND I WILL OFFER SOME OF THE PAST YEAR, AND IN MY OPINION THE POST-MORTEM (AFTER DEATH) OF A ONCE TERRIFIC TOWN OF 50 YEARS THAT HAD VERY FEW PROBLEMS.

 I AM SURE THAT NEW CITIZENS MOVED TO THIS PARADISE, AFTER LOOKING AT OTHER PLACES FOR THE EASY, FRIENDLY AND SAFE PLACE TO ENJOY LIFE AND RAISE  THEIR FAMILIES.  MANY CITIZENS VOLUNTEERED TO SERVE ON THE COMMISSION FOR THE BETTERMENT OF OUR TOWN, WITHOUT PERSONAL AGENDAS THAT HAVE BECOME PREVELANT IN THE PAST SIX OR EIGHT YEARS.  IT HAS NOW BECOME A “WAR ZONE” EVERY TWO YEARS FOR THE “PRIVILEGE” OF BECOMING A TOWN COMMISSIONER, IN ORDER TO IMPOSE THEIR OWN PERSONAL “WILLS” ON THE POOR   VASSALS THAT PAY THE MONEY FOR THE EXORBITANT AND, IN MY OPINION AGAIN, SOME UNETHICAL EXPENDITURES.

 JUST RECENTLY A DISTINGUISHED ECONOMIST STATED THAT GOVERNMENTS DO NOT HAVE MONEY, JUST THE CITIZENS, AND THE ELECTED OFFICIALS SHOULD SPEND THE MONEY WISELY AND ANY OTHER EXPENDITURES WOULD BE A “CRIME”!

 AS THE “PAST” MAYOR STATED IN ONE OF HIS EDITORIALS TO CITIZENS, NONE OF THE COMMISSIONERS HAVE ANY GOVERNMENT EXPERIENCE (ASSUME THAT INCLUDED HIM) AND THUS THE NEED FOR A FULL TIME TOWN MANAGER TO SPEND THE “CITIZENS” MONEY, EVEN THOUGH FOUR PART TIME MANAGERS ALL STATED THAT OUR TOWN CAN RUN JUST FINE AS IT WAS?  THAT LEAVES THE MAYOR (AS PER HIS ADMISSION OF NO GOVERNMENT EXPERIENCE) AND THE NEW MANAGER IN TOTAL CONTROL, OR AGAIN IN MY OPINION, A TOTAL ANARCHY.  HOPEFULLY NEXT YEAR SOME HONORABLE AND HONEST CITIZENS WILL BE ELECTED AND RETURN OUR TOWN TO THE CITIZENS AND NOT OUTSIDERS

 WE NOW HAVE A NEW MAYOR, TIME WILL TELL?

 BILLY ESCUE-FORMER MAYOR



April 25, 2007

Town Clerk's Retirement letter
 

April 24, 2007

 Mayor, Vice Mayor, Commissioners, Town Manager

Town of Sewall’s Point, Florida

 Dear Mayor Busha, Vice Mayor Subin, Commissioner Bausch, Commissioner Morris, Commissioner Osteen, Town Manager Kellogg: 

 ·        29 years·        38 Commissioners·        16 Mayors·        15 Building Officials/Inspectors·        5 Police Chiefs

·        5 Town Managers·        1 Town Clerk

 As discussed with several of you, it has long been my plan to retire effective September 30, 2007.  On that date I will have completed  twenty-nine years as Sewall’s Point’s Town Clerk.

 It has been a privilege to serve as Town Clerk/Treasurer, and an honor and pleasure as well.  I have said it before, but it bears repeating: Sewall’s Point is home to some of the nicest people on the face of the earth. 

 I will always be very grateful for the wonderful opportunity I was given when I answered that help wanted ad in the Stuart News so many years ago.

 Sincerely,

 Joan Barrow 


Feb. 27 - 07, Town Mtg. Ord. # 330 - Zoning: means set backs & more, Latest version 2nd reading. Passes tonight on second reading becomes law.

7 pages: Please note, there have been some script errors in transferring this ordinance to this website from scans of the originals. The web writer has attempted to correct same. Please read PS, last page, #7. This ordinance will likely change somewhat during tonight's meeting.

 

ORDINANCE NO. 330

AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF SEWALL'S POINT AMENDING ORDINANCE 327 WHICH ORDINANCE PREVIOUSLY AMENDED CHAPTER 82 ENTITLED "ZONING"; PROVIDING FOR THE AMENDMENT OF SECTION 82-1, REGARDING THE DEFINITIONS OF APPURTENANCE, BUILDING, BUILDING ACCESSORY, FAIR MARKET VALUE, EQUIPMENT PAD, STRUCTURE AND SUBSTANTIAL IMPROVEMENT; PROVIDING FOR THE  AMENDMENT OF  DIVISION 4,  ADMINISTRATIVE   VARIANCES  FOR  SETBACKS,  SECTION 82-141, AUTHORIZED, AND SECTION 82-142 PROCEDURE; PROVIDING FOR THE AMENDMENT OF SECTION 82-172 PERTAINING TO NONCONFORMITIES; PROVIDING FOR THE AMENDMENT OF SECTION 82-273, SETBACKS PERTAINING TO RIVERFRONT LOTS AND ACCESSORY STRUCTURES; PROVIDING FOR AMENDMENT OF SECTION 82-277 SPECIAL REGULATIONS OR PERMANENTLY INSTALLED GENERATORS    AND

ACCOMPANYING FUEL TANKS; PROVIDING FOR THE AMENDMENT OF SECTION 82-423 PERTAINING TO YARD AND LOT COVERAGE; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Commission of the Town of Sewall's Point has the

authority and power to enact Land Development Regulations (LDRs) pursuant to

Chapters 163 and 166, Florida Statutes; and

WHEREAS, the Town Commission has previously adopted LDRs and codified

same at chapter 82 of the Town's Code of ordinance; and

WHEREAS, the Town Commission has previously adopted amendments to the

Town's zoning regulations which are contained in Ordinance # 327; and

WHEREAS, the Town Commission has deemed it necessary and appropriate to

adopt amendments to clarify certain terms and provisions contained in Ordinance # 327

1


PAGE 2

in furtherance of the public's health, safety and general welfare.

NOW THEREFORE BE IT ORDAINED BY THE TOWN COMMISSION OF THE

TOWN OF SEWALL'S POINT, FLORIDA:

Section 1. The whereas clauses are incorporated herein as true and correct

and as the findings of the Town Commission.

             Section 2.       Ordinance # 327 of the town of Sewall's Point Code is hereby

amended to read as follows:

ARTICLE I. IN GENERAL

See, 82-1, Definitions.

(Add the following definition)

Appurtenance means any personal property located on and incidental to the principal property that does not meet the definition of a structure as defined in this chapter and therefore not subject to setback requirements. Examples are, but not limited to arbors, lawn sculptures, statues or other moveable decorative yard ornaments not exceeding 7 ft. in height and 5 ft. in width.

Building means a structure, with or without a roof, intended for shelter, housing or enclosure other than a boundary wall or fence, which is constructed or erected more or ~ permanently on the ground or which is attached, to something more or less permanently located on the ground having a roof and intended to be used for sheltering any use or occupancy

Building, accessory means any detached building with or without a roof intended for shelter, housing or enclosure other than :3 bound:3ry w:311 or fence. Constructed or erected more or less constructed permanently on the ground or which is attached to something more or less permanently located on the ground having a roof and intended to be used for sheltering people, animals, property or business activity and is located on the same zoning lot as the principal building and principal use.

Equipment pad means any structure or enclosures constructed of any materials intended to house or support any piece of equipment located permanently on a property such as, but not limited to, air conditioners, swimming pool pumps and heaters, well and irrigation pumps. water softeners. etc .. with the exception of stand-by Generator equipment that is intended for temporary emergency back up electrical service specified in section 82-277.

Fair Market Value means the most probable price a property should bring in a competitive and open market under all conditions requisite to a fair sale when both the

2


PAGE 3
 

buyer and seller each act prudently and knowledgeably, or a appraiser's value from a certified appraiser licensed by the State of Florida.

Structure means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having permanent location on the ground and shall include equipment pads, antennas, sheds, docks and piers or other structures. Driveways, retaining walls, sidewalks, docks, stairs, dock stair landings, utility poles, fences, walls used as fences and cement pads used exclusively for tho placement of generators shall not be considered as structures for setback purposes under the conditions set forth herein for the purpose of this chapter. However, any concrete, asphalt or other permanent surfacing placed upon a lot, such as but not limited to a patio, appurtenances or a pool decks adjacent to a swimming pool, with the exception of equipment pads shall not be considered a structure for the purpose of this chapter or for the purpose of determining setback lines, subject to the limitations set forth in section 82-423 (1) & (2),.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty-percent (50%) of the fair market value of the primary structure minus the land value and any accessory structures, either before the repair or improvement is started, or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not however, include either:

Section 82-141. Authorized.

If the applicant meets the requirements set forth in this division, tAe Town Manager and Building Official shall grant administrative variances for certain encroachments into the setbacks that do not exceed one (foot).

Section 82-142. Procedure; criteria for granting.

An administrative variance from the terms of this chapter shall be granted if the following requirements and conditions are fulfilled:

(1) The applicant shall submit a written application for an administrative variance to the Town Building Official in a form prescribed by the Town Building Official, together with a filing fee of $400.00. The Town Building Official may require that the applicant deposit monies into a Town escrow account to cover the costs and professional fees, including attorney fees the Town incurs to review the application. Any monies not expended shall be returned to the applicant. The professional fees and costs incurred in connection with the Town's review of any application for an administrative variance must be paid prior to the Town's issuance of the variance.

(2) The applicant shall provide the Town Building Official with a certificate certifying the applicant's ownership of the property which is the subject of the administrative variance, and certifying the name and address shown in the official records of the Martin County T ax Collectors Office of all owners of property located adjacent to the property which is

3


PAGE 4

the subject of the administrative variance,

(3) The applicant shall provide the Town Building Official all relevant information and documents which support the administrative variance application for the encroaching structure(s) including: (i) a building permit with the building permit application number indicated on it:; (ii) permit drawings, plans, or surveys; and (iii) Eight (8) Two (2) 24" X 36" and one (1) 8.5" X 11" current as-built surveys. The as-built surveys shall:

a.                    Be prepared by a licensed surveyor registered in Florida in accordance with the minimum technical standards established by the Florida Board of Professional Surveyors and Mappers;

b.                    Be dated not more than 90 days prior to the application;

c.                    Contain the address of the property, including street name and number, and show the proximity of all boundary streets;

d.                    Show the location of all buildings, structures, and above-ground encroachments and improvements;

            e.          Show all setback requirements under the Town Code;

f.                     Show the location and identification of all encroachments into setbacks under this Code, including the type of improvement comprising the encroachment and specifically identifying any encroachment that is the subject of the application;

g.                    Contain a certification to the Town of Sewall's Point;

h.                   Contain any other information the Town Building Official may require to demonstrate that the applicant is entitled to an administrative variance.

(4) The applicant shall provide the Town Building Official with either:

a.                    Letters of no objection from all adjacent property owners; or

b.                    Proof that a copy of the administrative variance application has been sent to all adjacent property owners by certified mail with a written notice informing them that any objections they may have to the requested administrative variance must be filed with the Town Clerk within 15 days of the date that the notice was mailed.

(5) The Town Building Official may shall grant the application variance if the Building Official finds that all of the following criteria are met:

a.                   The encroachment is less than one (1) foot into the setback requirement in effect on the date that the encroachment was created;

b.                    Either letters of no objection have been filed by the applicant for all adjacent property owners, or 15 days have passed since the mailing to adjacent neighbors informing them of their right to file an objection with the Town Clerk, and no letters of objection to the administrative variance application have been timely filed.

c.                   The structure(s) for which a variance is sought was constructed under a valid permit.

4


PAGE 5

                d.           The setback violation was a good faith error and was not intentional.

ARTICLE III. NONCONFORMITIES

Section 82-172. Nonconforming buildings, structures and uses.

tat @ Abandonment. Whenever a nonconforming use has been discontinued or abandoned for a period of four (4) months, such use shall not thereafter be reestablished. Any future use shall be in conformity with the provisions of this chapter. However, in the event of a natural disaster when it is impossible or impracticable to operate or repair a nonconforming use, the owner of the nonconforming use shall not forfeit his right to maintain such use so long as the natural disaster (exists,struck) continues and causes a shortage of supplies and or labor in the area.

Section 82-273. Lot coverage.

All buildings, including accessory buildings, shall not cover more than 30 percent of the area of the lot. Nevertheless, in no case shall the percentage of the lot taken up by the impermeable area exceed 45 percent of the lot size.

Section 82-274. Setbacks.

Each lot in a residential district shall have front, side and rear setbacks not less than the following:

(a)        Primary residential structure

6 Riverfront lots.  On riverfront lots, buildings, as well as gar4den walls, fences and railings in excess of three feet in height, except those exempted in Section 82-276, shall maintain a setback from the existing mean high water line measured perpendicular (struck, to). add  from the primary structure (or, struck) (add - to the sea wall (of struck) add  or the river (of struck)  or (not struck) in no case less than 50 feet.

(b) Accessory dwellings detached.

(2) Side yards. The side yard width shall be 25 feet from the platted lot line or property line.

(3) Rear yard. The rear yard depth shall be (35') struck) change to  25 feet; provided, however, that in the case of a corner lot the front yard may be on either of the street boundaries and the side and rear yards shall be figured in relation to the street boundary on which the front yard is established. Only one rear yard shall be established. At the time a building permit is applied for, the property owner or his agent shall designate the street which the building will front on, and the rear yard for all lots, including corner lots, shall be determined in relation to the street so designated.

(c) Accessory structures, detached.

5


Page 6

(1) Front yard. The front yard depth shall be 50 feet for one-story and 100 feet for two-story structures from the platted lot line or property line. ( all of the following struck) -"except in the case of equipment pads, in which case the front yard setbacks Shall be the same as those which apply to the primary structure".

(2) Side yards. The side yard width shall be ( 25 struck)  20 feet from the platted lot line or property line.( all struck -" except in the Case of equipment pads, in 'which case the side yard setbacks shall be the same as  those which apply to the primary structure)"

(3) Rear yard. The rear yard depth shall be 25 feet; provided, however, that in the case of a corner lot the front yard may be on either of the street boundaries and the side and rear yards shall be figured in relation to the street boundary on which the front yard is established. Only one rear yard shall be established. At the time a building permit is applied for, the property owner or his agent shall designate the street which the building will front on, and the rear yard for all lots, including corner lots, shall be determined in relation to the street so designated. ( all the following struck, "except in the case of equipment pads, in which case the rear yard setbacks shall be the same as those which apply to the primary structure.")

Section 82-277 Special regulations for permanently installed generators and accompanying fuel tanks for properties developed prior to the effective date of this ordinance.

{1) Setbacks. Pads for permanently installed generators (struck; and pads )shall be located or installed, as ( struck; "close to the dwelling as legally allowable") far from the property line as possible but in no case less than five feet from any property line and no more than the legal allowable distance required by the Florida Building Code from the principal structure or accessory structure. Provided, however, the exhaust outlet of a generator shall be located no less than 10 feet from any part of any "packkaqed" air conditioning unit or any operable doors, windows, vent outlets, or other building openings. ( struck; A\bove ground tanks are considered as accessory structures and, therefore, subject to the setbacks of the appropriate zoning district. This provision shall not place any additional limitations on generators not located within any required setback._

(3) Fuel tanks for accompanying permanently installed generators. Aboveground fuel tanks are accessory structures subject to the setbacks of the appropriate zoning district.

(4) Screening. Generators and above-ground fuel tanks shall be screened from public view by landscaping or other material acceptable to the building official.

5) Testing. The testing of a permanently installed generator shall be limited to once per week for a period of no more than 30 minutes between 8:00 a.m. and 6:00 p.m., and further limited to Monday through Saturday.

6


Page 7, last.
 

(6) Permits required. Permits for a residential generator for standby electrical power and accompanying fuel tank permit and any plumbing associated therewith permit shall be obtained from the Town Building Official prior to the installation of the generator and fuel tank.

ARTICLE V. SUPPLEMENTARY REGULATIONS DIVISION 1. GENERALLY

DIVISION 2. AREA AND HEIGHT REQUIREMENTS

Section 82-423. Applicability of yard and lot coverage requirements; tennis courts, swimming pools and other athletic facilities.

(b) Swimming pools on riverfront or waterfront lots. Swimming pools on riverfront or waterfront lots shall be permitted within 50 feet of the mean high water line measured perpendicular te from the principle structure Gf to the seawall or the river so long as the swimming pool structure does not substantially obstruct the river view of the adjacent lot owners. However, no pool shall be allowed within 25 feet of the high waterline or sea wall mafk on tRe riverfront or waterfront lots.

(1) The finish elevation of swimming pool/deck within 50 feet of the high waterline or seawall of the river shall not exceed 18 inches above the average natural grade as measured at the side lot lines and the center point between the side lot lines of the waterside setback line. (struck: "granted under the variance")

(2)-struck :(Any) Setback reductions. granted by variance permitted on riverfront or waterfront lots for swimming pools/dock.and associated deck structures, shall not be accompanied by an equivilent in decrease in the setback distance for the primary residence and other accessory structures, including pool enclosures, as established in section 82-274(a)(6). whether existing or proposed; provided however, that in no case shall the net buildable area of the site within the newly increased setback area be reduced to less than 3,000 square feet. The setback provisions of this paragraph shall not apply to lots where the distance between the front set back line and rear setback line is less than one hundred (100) feet.  

 PS: scan transfers from the original documents have been distorted in some cases and/or misspelled. The writer assumes no responsibility for any errors or omissions found or contained herein. Any permitting, setback or zoning info please refer to the Towns website at
http://www.sewallspoint.org/ , then click on "links" then click on "Muni-code". It is likely that you will not find current info on ordinances. before doing anything check with the Building department at Town Hall.


Reily's sea wall wins a round:

Palm Beach Post Staff Writer

Wednesday, February 14, 2007

STUART — Activists opposed to construction of a sea wall along the Indian River suffered a setback Tuesday when a judge recommended against their claim it would harm the environment.

State Administrative Law Judge T. Kent Wetherell suggested that the Florida Department of Environmental Protection dismiss the challenge of a state's permit allowing the 480-foot-long wall proposed just north of the Jensen Beach Causeway.

 
L

The wall is part of Pitchford's Landing, an 84-home project that developer Bill Reily is proposing on Indian River Drive. Mile Cilurso, Thomas Fullman and Anthony Parkinson, members of the Jensen Beach Group that opposes Pitchford's Landing, challenged the permit.

But Wetherell said the three activists had not proven they had the right to challenge the permit because their concerns about their quality of life being affected had more to do with the housing development, not the wall.

"Petitioners have no legal right to go across the Reily property in order to 'look around' or otherwise use and enjoy the shoreline," the recommendation states.

Virginia Sherlock, the attorney for the activists, said she was disappointed with the judge's recommendations.

"That's absurd. This is an integral part of Pitchford's Landing," said Sherlock, who added that the activists do have a right to wade in the river, and a sea wall would interfere.

Brian Seymour, Reily's attorney on the sea wall issue, said he is happy with the recommendation and agrees that the activists do not have any place challenging the permit.

"They really aren't trying to protect the environment," Seymour said. "What they're trying to do, in my mind, is harass Bill Reily and Pitchford's Landing."

The DEP has the final say over whether the activists have a right to challenge the permit, said DEP spokeswoman Deeann Miller. Both parties have until Feb. 27 to file responses to Wetherell's recommendations, and the DEP will rule by March 29.

The activists have also challenged the county's permit allowing the sea wall, but Assistant County Administrator Taryn Kryzda has not issued a ruling on that challenge.


Posted Friday Feb.. 2, 2007
NOISE "TASK FORCE" MINUTES OF JAN. 10,07 MEETING.


From: "bill potter" <stuauto1@yahoo.com
To: <clerk@sewallspoint.martin.fl.us Sent: Thursday, January 11, 2007 9:09 AM
Subject: task force noise meeting

 Joan, Thanks for your help and attention to this matter.

  Meeting called to order 1/10/07 at 7:01 pm
 attendance --Don Winer, Steve Hillman, John Stewart,
 Roger DeGraff, and Bill Potter

 
All members were in agreement with the following:

 1. Quiet time should be from 8 pm to 8 am Monday through Saturday and from 8 pm to 10 am on Sunday. All members agreed this would give the homeowners a couple of extra hours of quiet time on Sunday morning  to sleep in or relax.  All members were in agreement that the homeowners should and will be allowed to work at their residence on Sundays but some noise limits had to be set. Noise limits will be set at a later meeting  All were in agreement that their shall be no  contractors working on Sundays  Homeowners are allowed to work and use power tools (lawn mowers, saws, pressure cleaners, etc) on Sundays from 10 am to 8 pm. The committee needs to meet with an officer at a later date with their noise meter to determine what acceptable levels are and develop a DBA level for an acceptable noise level.  All were in agreement that the noise level should be determined from the inside of the front door of the complainer’s home with a window open.  All members were in agreement that the first violation should be met with a warning. The second violation for the same offense should be met with a Class "A" fine. The committee was also in agreement that there needs to be a provision that in the case of power outages that there be no noise violation against the running of generators during that time. We felt this may be added at the bottom of sec 22-69.  The committee set the next meeting date for Thursday 1/18/07 at 7 pm.  Meeting was adjourned at 8:35 pm

 Thanks  Bill Potter 

Minutes of the 1/18 meeting posted shortly.

Following the 1/18 meeting Roger DeGraff resigned: " I cannot approve of the Meeting Minutes from 1/10/07".

    His letter follows: later!!! Also, Commissioner Busha should recuse herself from any involvement with the Task Force: Why?

(rĭ-kyūz) - 1 definition - The American Heritage® Dictionary
recuse (v.) To disqualify or seek to disqualify from participation in a decision on grounds such as prejudice or personal
involvement."
  Commissioner Busha should withdraw her appointment. The original complaint was directed at the Busha residence Sunday noise activities. A "neighbor" filed a complaint.

 

 

 


Jan 9, 07: Commission currently considering raising hedge height to 20'. Jan. 03 meeting raised it to 10'.

From Jan 2003 Workshop mtg.

  1.  
    1. ordinance # 295, increasing the maximum height for hedges to 10' and clarifying the setback for fences on corner lots - Attorney Wright read the ordinance, by title, for a second reading.
       
      MOTION: made by Commissioner Morris, seconded by Commissioner Bercaw, APPROVING ORDINANCE # 295 ON SECOND READING.

      Commissioner Morris suggested the ordinance be amended to allow hedges to exceed 3' on lots that border a bay, river or canal, perpendicular to the water's edge, provided neighbors within 300' do not object.

      Attorney Wright suggested "do it the way the side issue is handled, i.e., if no objection is filed."

      MOTION: made by Commissioner Morris, seconded by Commissioner Bercaw, APPROVING ORDINANCE # 295 AS AMENDED.

      Mayor Bausch questioned allowing a person 300' away to object.

      Attorney Wright suggested that if people file objections just to be mean spirited then the ordinance can be changed.

      Vice Mayor Teplitz reiterated his opposition to the ordinance.

      In favor: Morris, Bercaw, Baron, Bausch
      Opposed: Teplitz

JAN 4, 07:

Town "Noise Task Force" membership: John Stewart, Don Winer, Steve Hillman, Roger DeGraff & Bill Potter.

Given that the City of Stuart & St. Lucie have recently drawn "noise" ordinances we would hope that the Force doesn't end up with a 10 page ordinance. A real easy fix is ban Lawn Mowers and the like on Sundays! raise the decibel level a few points ( see Stuart & St. Lucie ord.) and it's done. Hopefully they will have reviewed both of the aforementioned new Noise Ordinances.

Originally thought a resident committee not necessary, than realized that even though the Commissioners have little to do now (i.e. Town Mgr.) it would seem/be a strange ordinance as one of the Commissioners is the originator of the noise complaint in the first place. I.e., Commissioner's husband mows & wacks (whacks? whaks?), uses "weed wacker"*, on Sundays neighbor gets mad, calls Cops. Simple resolution don't mow & wack on Sundays?

* brand name.


Tree Give away Notes:  the 1000 trees you, the taxpayer purchased: residents have ordered about 684, see the list at "Your $". 38 were cabbage palms! Yikes! That's scary.&nbsp; Cabbage Palm also famous as breeder for palmetto bugs, aka "Roaches" & favored nesting site for RATS. The Point will be required, by your Grant money to have tree give away day for all comers. Complete list at "Your $" link.


  MANAGER IN SEWALL'S POINT STAYS !
The New Town Charter Vote - 566 yes,  476 no    Absentee's & Early Voters 90 + 12.
Votes in person @ Town Hall 411 Yes, 333 No.   Click "Think About It"
site menu left.

Check out "View & Post Comments", left link bottom.
 

WE ARE HOPING FOR A BUILDING DEPT. WILLING TO MAKE AN ATTEMPT TO HELP RESIDENTS WHEREVER POSSIBLE, RATHER THAN HARASS THEM WITH UN-CALLED FOR PERMITS & FINES & RE-WRITES OF  FEDERAL & STATE LAWS. Please use Martin County policies as your guide, THANKS.

"Yes" means the Town Manager handles the daily operations & supervises STAFF, what a concept. Staff with someone to answer to! "Yes" does mean somewhat higher cost to the taxpayer. "Yes" means a resident can go to Town hall and maybe get something done with a relatively simple request without going to 3 Commission meetings, & keeping fingers crossed hoping they (Commissioners)  got it, after 3 months of deliberations on whether the Town should mow the island lawn, or require a lot or homeowner to fix his falling over fence or mow his lawn, if he even has one! What kind of sense of Community is that? We mean sand & weeds for a front yard and a falling down fence.

WEDNESDAY NIGHT'S (Nov. 1) NEW TOWN CHARTER INFO MEETING WELL DONE BY MAYOR & TOWN MANAGER. Only 16 show up. 3 Ex Mayors, 1 Ex-Con, 1 Ex Comm. 2 WAAMERS, 1 CEO.  despite plenty of notice. EMBARRASSING RANT AGAINST TOWN MANAGER, BY RESIDENT ATTENDEE.  
 "SHAM" & "UNDERHANDED"  STATEMENTS PURE BS. TOWN GAVE PLENTY OF NOTICE. Despite poor advice from TOWN ATTORNEY. ONE MUST FIRST READ: TOWN AGENDA'S, MINUTES & THE NEWSPAPERS, OK?
.


 Wednesday, Nov. 8, 2006

The new Charter vote had a net gain of 12 votes after "absentee & early vote" ballots were counted.. With With a growing number of residents Early Voting, & absentee ballots, it is apparent that if issues need to be
aired, or delineated it needs to be done in a timely manner. The last minute letter writing  by some Commissioners, & Town Hall probably had no effect on the vote count. Their letters arrived on the day of the vote, and in at least one half of the "Point", late Tuesday afternoon.

In the writers "opinion", the timing (late),  of the New Charter letters of explanation can be attributed to information provided by the Town Attorney on the subject. The Town Attorney had informed the Commissioners either in phone calls or direct conversation or letter , that Florida Supreme Court decisions (2), had negated a Town's ability to use taxpayer monies to provide information on an issue, or was it take sides? The original opinion was not aired at a Town Meeting. At a later Town  Meeting this subject came up . The Town Attorney advised that "factual" information could, maybe? sent to the residents.  Eventually some Commissioners decided on doing their own letters on private stationary. Hence letter from the "Finance Commissioner", financed by his own monies, and a letter from the Mayor, again his $.

The letter you (residents) received on the day of the Election, from the " Town of Sewall's Point" was dated November 3rd and postmarked Nov. 3rd. It is a letter describing the " areas of responsibility " of the " Town Commission" and the " Town Manager ". It does not suggest that you vote either way.

The noteworthy point of this letter is that it advises the residents immediately, that they,  the Commissioners, will have ultimate control. I.e., Line #1 under " Town Commission": " Appoint and remove the Town Manager and Town Attorney." 

Conclusion: The Charter changed passed without the information provided by the "letters". "Day Late". More than a "Day Late" to the many that early voted or did absentee's. As it stands now it looks like combined Early & AB's were
155 for and 143 against, 12 vote net gain for pro Charter.  Total 268, more than enough to swing an election.

First order of Business for Town Manager ?: "RFP" for a new Town Attorney. RFP = request for proposal to bid on services.
 


Monday, Nov. 6 - 2006

   letter from "Finance Commissionmer" Subin:

11/3/06

 Friends, neighbors, and fellow residents

 On Election Day you will be asked to vote on a referendum to adopt a change to our town’s charter. Voting YES will create the professional, competent and empowered town management we need and deserve. Voting YES will save the town money, improve the town’s image, improve staff moral, and provide citizens a much higher level of service.

 The charter amendment is needed to allow our town charter to be consistent with our town code recently amended after months of public meetings, debate, and discussion and by UNINAMOUS vote of your town commission through Ordinance #329. The substance of Ordinance #329 is to create a commissioner/manager style of government for our town. This style of government delegates the administration of the town to a town manager who serves at the pleasure of, reports and answers to your town commission. The manager’s duties are, among others, to supervise and manage all of the towns staff, tend to the day to day operations of the town within limits set by the commission and within the bounds of the town budget, ensure that our codes and charter are in order and followed, and act as central point of contact for residents needing assistance. The amendment we are recommending relates to this and only this. Some would have you believe that your commission is proposing sweeping, draconian changes at Town Hall. The fact is that the changes your commission is proposing are no different than what has been adopted by most of our neighboring communities.

Why is the charter amendment needed? Many who oppose this change, will tell you that things have “always worked” without a town manager so why change?

 Here’s why:

 The fact is, they haven’t “worked”! The lack of real oversight in town hall, combined with the inclination of individual commissioners to direct staff has created untenable, unmanaged anarchy at Town Hall.  Lacking any real leadership or management, staff would resort to currying favor with individual commissioners.  This led, in turn, to small fiefdoms at Town Hall that tended to co-exist rather than cooperate. The fact is that nobody was actually in charge of managing the staff at Town Hall. 

 The result has been: 

  • Lawsuits 
  • High turnover
  • Infighting
  • Lack of solid leadership in the police department
  • Mixed messages in salary and benefit negotiations with certain employees
  • Negative images of Sewall’s Point by the media potentially diminishing our property values
  • Lost productivity, low morale and extreme difficulty in attracting competent staff for our town.
  • A loss of hundreds of thousands if not millions of dollars

 Under the old style of government where individual commissioners often directed staff and intervened on behalf of individual employees, there was a lack of accountability and as a result, favored employees could treat citizens in any way they wished without fear of repercussions, leading to, at times, an unfriendly and sometimes downright hostile atmosphere in town hall.

 


 The sunshine law requires commissioners to discuss matters only in public meetings, the result of which is that without an authorized town manager, negotiations with vendors, employees and others had to take place largely in public, which obviously inhibited the town’s ability to secure the most favorable terms. With the change, the manager will be authorized to negotiate and bring the result back to the commission for discussion and approval. A far more efficient process, that again, will and likely would have, saved the towns hundreds of thousands if not millions of dollars over the past 25 years.

 Lastly, individual commissioners were able to function in an environment where they could order town staff to perform personal tasks for them. Because of the lack of a single manager to whom they report, town staff felt compelled to oblige in order to gain the support of individual commissioners. A YES vote to the Charter Change Referendum would prevent this type of abuse of power.

 The commissioner/manager style of government is no different than how any good organization operates. There is a board which sets policy and a management which implements that policy and manages the organization at an administrative level. What the few who oppose the Charter Change would like to create or retreat to, is an environment where any of the commissioners would have the prerogative, depending upon their inclination, to individually manage on a day to day basis, hardly an efficient management style. That has been the practice of the last several years, and it has been a dismal failure.

 It is time to address the costly dysfunction at town hall. We desperately need and deserve strong, professional, competent and empowered town management. It is time, once and for all, to put an end to the type of micromanagement by commissioners that has diverted their attention the commission’s most important task: setting policies and initiatives that will truly improve and enhance our town for all residents. 

 I urge you to vote YES for the referendum

 Neil Subin,Commissioner

Town of Sewall’s Point

 


Why Some May Vote "No".

THE $ PROPOSED BY THE TOWN MGR. ARE FOR THE MOST PART, INHERITED FROM THE
COMMISSION BEFORE HE ARRIVED. According to "Finance Commissioner"  not the writer.

                       11/5/         COST INCREASES SEEMS TO BE DRIVING “ NO “ VOTE ON CHARTER ?

Current –  Pay Rates 10/01/05                               Proposed by Town Manager     10/1/06

Town Mgr./Part Time                       $ 50,334.           New Town Mgr.        $ 104,000.
Town/Clerk Treas.                             68,047.                                                70,088. **
Building Official/Public Works             78,168.                                                85,000.
Building dept. Clerk                            36,050.                                                32,960. **
Maintenance/Public Works                  35,885.                                                36,961. **
Maint./PW helper                                26,480.                                                vacant
Police Chief                                        68,965.                                               85,000.?*
Police Lieutenant                                62,830.                                               70,684. *

Police Officers:
1st year (probationary)                        34,777.                                               39,125. *
Merit Step 1,                                       36,515.                                               41,082. *
    “       “    2,                                     38,342.                                               43,136. *
    “       “    3,                                     40,259.                                               45,292. *
    “       “    4,                                     42,272.                                               47,557. *
    “       “    5,                                     44,386.                                               49,935. *
    “       “    6,                                     46,605.                                               52,432. *
    “       “    7,                                     48,936.                                               55,053. *
    “       “    8,                                     51,383.                                               57,806. *

Salary Ranges:

Town Manager                                     68,623  -  79,181. Full Time     No range for full time
Town Clerk/Treas.                               54,104. -  68,047.                    55,727. - 70,088. *
Building Official/PW                             54,104. -  70,167.                    55,727. - 72,272. *
Building Dept. Clerk                             24,308. -  36,050.                    25,037. - 37,131.*
Maintenance/PW                                  24,308. -  36,050.                    25,037. - 37,131. *

Police Chief                                         58,066. -  70,735.                    65,324. - 79,570. *
Police Lieutenant                                 49,314. -  62,830.                    55,478. - 70,684. *
Police Sergeant                                   39,051. -  52,331.                    45,190. - 63,586. *
Police officers                                      34,777. -  51,383.                    39,125. - 57,806. *

NOTE: Police Dept. salaries do not include incentive pay
 * Adjusted up-wards 12.5 %
 ** up-wards by 3%

Web writers NOTE: These figures supplied from current Town records and a “Public
Records Request” from former Mayor Billy Escue. Forwarding same to current “Finance”
Commissioner” Neil Subin for his comment.
 



Thrusday Nov. 7 -2006

VOTE 'YES" FOR NEW TOWN CHARTER:

Read the following post to "Comments" link:

"Mayors letter to Ed. Stuart News Oct. 30 - Pro Charter rebuttal to former Mayor Esque's Ltr. ed. Webwriter Wondering why former Mayors Aune, Chicky, Escue against Charter Change? Seems like an easy read: Old Timers say current form gives Commissioners an "area of responsibility" and a reason to run. Problem with that is the Commissioners failed to monitor their charges in the past. To wit: "Building Commissioner", let the Building Official & his clerk Laura almost steal the Town. "We'll show you who runs this Town"! Still have the same "Building Commissioner" how wierd is that? Not too, for the "Point". To wit: Sexual harassment, very simple, just read Rebecca Brady's deposition. Link here: "Depositions"  Nuff said? Old way a dismal failure!!!

Wednesday, Oct. 25-06

              "Rumor has it" was correct. At Tuesday nights Town meet, the original complainant who called the police to Commissioner Busha's house went to the podium to speak on Agenda item # 4 aka "Noise ord. # 324. She stated the 80 decibel level in new Noise ord. to high. She related her issue with Commissioner Busha about earlier noise issues & that she had spoken to the Busha's neighbor to neighbor to try to resolve the issue.

End of story is that Commissioner Busha should have/could have  resolved the issue by not mowing/wacking or blowing, on Sundays. Might have been beneficial to all had Commissioner Busha not changed the Ordinance to her own needs.  Commissioners are supposed to act on behalf of the community as a whole.

This "Rumor" should have never materialized in the first place.
 



Tuesday, Oct. 24-06

 Bushas "Noise Ordinance":

               Quick story: neighbor next "Court" North complains to Police about noise emanating from Busha's yard on a Sunday. Noisy yard work like mowers wackers et al happening at the Busha residence on Sunday. Neighbor hoping for a little "Peace & Quiet" on a Sunday. Comm. Busha puts it on a Town Meeting Agenda, i.e. "Noise". Places it on Agenda not using her name uses Town Atty. to put it there. That is against Town law. Resolutions or Agenda Items require a sponsors name. Anyway she asks to have it taken off Agenda. When meeting opens she asks Mayor to put it back on, to the Mayors surprise. It appears she read our commentary here and didn't like it. She opened up her commentary with the statement "I don't know how my name got associated with this Noise thing". Of course that is pure bull crap! Not only did it emanate from one of her neighbors complaints the new "Decibel max. of 80" is stunning.

When the writer read the new decibel number, 80, he went to the podium and asked the Commissioners where this number came from, they "didn't know". We asked the Town Attorney where this number came from, he said he didn't " know"! Is that incredulous or what? The Commissioner who sponsored "Noise" ordinance # 329 doesn't know & the Town Attorney who wrote it doesn't know". How much did the Town Attorney charge the tax payers to re-write this Ordinance that Commissioner Busha wants?

What ever happened to being neighborly? 6 days a week would seem like a fair amount of time to get your lawn mowed, trimmed or edged. If you can't do it in 6 days hire a lawn guy so you don't disturb your neighbors.

What's next? lawn mowers 7 days a week, contractors 7 days a week. get real, give your neighbors a day of peace & quiet!


Monday Oct. 23-06

"Sewall's Point reform"

Palm Beach Post Editorial

Monday, October 23, 2006

All the Sewall's Point town commissioners have approved changes to the town charter to adopt a commission-manager form of government. Town voters should do the same Nov. 7, when a ballot proposition offers the chance to let a town manager, responsible to the commission, run Sewall's Point.

It is a logical step for the town, which gradually has changed from a haven for rich retirees to a more diverse population that includes young families. Commissioners, too, are changing from retired executives taking on town business as a hobby to younger, working professionals for whom running Sewall's Point is just one aspect of busy lives that also include jobs and families.

 
 

 

Some hope that a more adult approach to running the town - with a manager in charge rather than commissioners dividing duties - could curb the periodic eruptions of juvenile behavior in Sewall's Point. A manager in charge of hiring, supervising and firing town employees might have helped the town avoid the recent upheaval in the police department, when a female employee filed a sexual harassment lawsuit against the chief, complaining that he ordered her into his office to view pornography on his computer. She dropped the lawsuit after the town's insurance company settled it for $65,000. Commissioners couldn't decide what to do next, and the chief finally resigned.

Until now, the town has had part-time managers. The new town manager, Robert Kellogg, started full-time Sept. 18. The ordinance gives him responsibility for managing the town staff and day-to-day operations at town hall. This will give elected commissioners the time to focus on long-term goals and policies, Mayor Dan Morris said, instead of signing checks and performing other mundane duties.

The commission intends to tackle capital expenditures, establish administrative departments, adopt personnel policies and decide on salaries and benefit plans. Whether they can do those things, and allow the manager to do his job, without creating the occasional public spectacle remains to be seen. But voters should approve this ordinance and give them a chance to try.


Thursday, Oct. 20-06
 

Key Words?: new Town Charter

"The Commission and its members shall deal solely through the Town Manager and neither the Commission, nor any member thereof shall give orders to any subordinate of the Town Manager either publicly or privately"

Town Charter # 329: Preview form:                                               Original document in it's entirety click on "Stuff" link.
 

10/2/06

      ORDINANCE NO. 329, revised.

AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF SEWALL’S POINT, FLORIDA, SUBMITTING TO REFERENDUM AMENDMENTS TO ARTICLE III ENTITLED “MUNICIPAL ORGANIZATION AND OFFICERS” AND ARTICLE IV ENTITLED “MAYOR AND TOWN CHIEF OF POLICE” OF THE TOWN CHARTER; PROVIDING FOR THE FORM OF THE TOWN’S GOVERNMENT TO BE COMMISSION-MANAGER; PROVDING THAT A TOWN MANAGER SHALL BE THE ADMINISTRATIVE HEAD OF THE TOWN GOVERNMENT RESPONSIBLE TO THE TOWN COMMISSION FOR THE ADMINISTRATION OF ALL TOWN EMPLOYEES; PROVIDING FOR THE TITLE OF THE REFERENDUM BALLOT; PROVIDING FOR ADVERTISING OF THE REFERENDUM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

      WHEREAS, a Charter for the Town of Sewall’s Point was created and adopted pursuant to Laws of Florida, Chapter 57-1865; and

      WHEREAS, pursuant to Fla. Stat. §166.021, the Town has the governmental, corporate and proprietary powers to conduct municipal government; and 

      WHEREAS, Fla. Stat. §166.021(4), the Town Charter may be amended through the Town’s exercise of its authority, including the amendment of those portions of its Charter which require a referendum, provided a majority of the electors in a referendum affirmatively vote to amend the Charter; and

      WHEREAS, Fla. Stat. §166.031, authorizes the governing body of a municipality, by ordinance, to submit to the electors of said municipality proposed amendments to the Charter of the municipality; and 

      WHEREAS, Fla. Stat. §100.342 requires that the Town publish two notices in two different newspapers of general circulation in Martin County evidencing the Town’s intention to hold a referendum to determine whether a majority of the qualified electors of the Town approve of the proposed amendments to the Town Charter; and

      WHEREAS, pursuant to Fla. Stat. §100.342 the first notice shall be published in the fifth week prior to the referendum, and the second notice shall be published in the third week prior to the week in which the election or referendum is to be held; and

      WHEREAS, the Town Commission deems it to be appropriate for the good governance of the Town to conduct a referendum on the question of whether the form of the government of the Town shall be specifically identified as a Commission – Manager form of government.

      NOW THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF SEWALL=S POINT, FLORIDA:

Section 1. A referendum is hereby called for and shall be held in the Town of Sewall’s Point on the 7th day of November, 2006 to determine whether or not a majority of the electors voting in said referendum support any of the proposed amendments to the Town Charter, as shown in Section 2 and 3 of Ordinance No. 329 a copy of which is incorporated herein by reference.

Section 2. The ballot title which is the subject of this referendum by which the proposed Charter amendments are commonly referred to or spoken of shall be captioned as: “Town of Sewall’s Point Charter Amendment”.

Section 3. Polling locations or places shall be determined by the Supervisor of Elections of Martin County, Florida, and all qualified electors of the Town of Sewall’s Point who vote in said referendum shall vote at said designated polling places. The polls shall be opened on the date of said referendum regarding the proposed Amendment from 7:00 a.m. until 7:00 p.m. on the same day. Only the duly qualified electors of the Town of Sewall’s Point shall be permitted to vote on this referendum question.

Section 4. The Town Clerk shall prepare and give notice of the proposed Charter Amendments by causing appropriate notice to be published in accordance with the provisions of Fla. Stat. §100.342 at least once each week during the third and fifth weeks preceding the week in which the referendum to consider the proposed Charter Amendment is to be held. The first publication shall take place at least thirty (30) days before the date fixed for the election or referendum to consider the proposed Charter Amendments in the Stuart News and The Palm Beach Post, both of which are newspapers of general circulation within the Town. The Town Clerk shall secure from the publisher of said newspapers an appropriate affidavit of proof that said notices have been duly published, as herein set forth and said affidavit shall be part of the record of the Town Commission.

Section 5. The ballot summaries of the proposed Charter Amendment shall be:

SHALL ARTICLE III OF THE TOWN CHARTER ENTITLED “MUNICIPAL ORGANIZATION AND OFFICERS” AND ARTICLE IV, ENTITLED “MAYOR AND TOWN CHIEF OF POLICE” BE AMENDED SUCH THAT THE TOWN’S FORM OF GOVERNMENT SHALL BE COMMISSION – MANAGER AND PROVIDING THAT A TOWN MANAGER SHALL BE THE ADMINISTRATIVE HEAD OF THE MUNICIPAL GOVERNMENT RESPONSIBLE TO THE TOWN COMMISSION FOR THE ADMINISTRATION OF ALL TOWN EMPLOYEES PURSUANT TO THE CHARTER AND TOWN ORDINANCES?

            YES  ___ ____ FOR APPROVAL OF AMENDMENT

            NO ________ AGAINST APPROVAL OF AMENDMENT

      

Section 6 In the event a majority of electors, voting in the referendum vote affirmatively to amend Articles III and IV then said articles shall be amended as follows:

      ARTICLE III. MUNICIPAL ORGANIZATION AND OFFICERS

Section 1.  Form of Government.

The form of government shall be known as the Commissioner – Manager Plan. Pursuant to its provisions and subject only to the limitations imposed by the state constitution and by this Charter, all powers of the Town shall be vested in an elective council hereinafter referred to as “the Commission” which shall enact local legislation, adopt budgets, determine policies and appoint a Town Manager, who shall execute the laws and administer the day-to-day governance of the Town as prescribed by this Charter, or by the Town’s Code of Ordinances; if the manner is not prescribed, then in such manner as may be prescribed by the Town Commission.

Section 2. Authority of Commission

That the legislative authority of the Town shall be vested in the Commission. The Commission shall be composed of five members elected at large. The term of office of each commissioner shall be four years, or until his successor is duly elected and qualified. The Commission shall elect annually one of is members to the office of Mayor, whose duties shall include:

  1. Preside at all meetings of the Town Commission.
  2. Act as head of the Town government for all ceremonial purposes and recognized by the Governor for purposes of military law.
  3. Signing deeds, negotiable notes and bonds, evidences of indebtedness or other instruments in writing to which the Town shall be a party when authorized to do so by the Town Commission, except that the Commission may delegate the power to the Town Manager. 

The Commission also shall elect annually one of its members to the office of Vice-Mayor whose duty shall be to assume the duties of the Mayor during his absence or disability.

All powers of the Town and the determination of matters of policy shall be vested in the Town Commission. The Town Commission shall have the power, among other powers to:

  1. Appoint and remove the Town Manager.
  2. Establish other administrative departments
  3. Adopt the budget of the Town.
  4. Develop long-term goals and policies which would be designed for the betterment of the Town and its residents. 
  5. Adopt employee personnel policies and salary and benefit plans.
  6. Authorize the issuance of bonds in accordance with the constitution and laws of the State.
  7. Inquire into the conduct of any department of the Town and make investigations as to municipal affairs.
  8. Provide for an independent audit.
  9. Other duties as prescribed by State law.

Section 3. Commission Relations with Town Manager

Neither the Commission nor any of its members shall direct or request the appointment of any person to, or their removal from, employment by the Town Manager or by any of his subordinates, or in any manner take part in the appointment or removal of employees under the direct responsibility of the Town Manager except as otherwise expressly provided by this Charter. The Commission and its members shall deal solely through the Town Manager and neither the Commission, nor any member thereof shall give orders to any subordinate of the Town Manager either publicly or privately. 

Section 4. Future Amendment of the Charter

The Town Commission shall meet at least once every decade to consider whether amendment of the Charter would be in the best interests of the Town. The Town Commission may appoint a Charter Review Board of residents to advise the Town Commission on such Charter amendment. The Commission shall submit to the electors proposed amendments of the Charter in a manner in accordance with State laws.

Section 5. Town Attorney

For the purpose of systematically handling the Town’s legal affairs, the Commission shall appoint, by a majority of its membership, a Town Attorney who shall serve at the pleasure of the Town Commission. The compensation of the Town Attorney shall be determined by the Town Commission.

ARTICLE IV. TOWN MANGER’S DUTIES AND RESPONSIBILITIES

Section 1. Town Manager

The Town Commission by a majority of its membership shall appoint a Town Manager who shall serve at the pleasure of the Town Commission. The compensation and benefits of the Town Manager shall be determined by the Town Commission.

Section 2. Town Manager’s Duties and Responsibilities. –Powers generally

      Generally – The Town Manager shall have the power to hire, demote, suspend or terminate any employee of the Town. The Town Manager shall have general administration and supervision over all Town employees and over the Town’s administrative affairs.

The Town Manager shall also have the power and be required to:

  1. Prepare an annual budget and submit it to the Commission for approval and adoption and be responsible for its execution.
  1. In conjunction with the budget process, shall submit a five-year capital improvement plan to the Commission for approval and adoption.
  1. Submit to the Commission a monthly report showing the condition of all funds, and to prepare and submit annually to the Commission and make available to the public a complete report on the financial and administrative activities of the town for the preceding year.
  1. Submit annually to the Commission recommendations for wage and benefit plans for Town staff for approval by the Commission.
  1. Recommend to the Commission any legislation for adoption or repeal thereof.
  1. Attend all Commission meetings and shall have the right to take part in discussions but not to vote, and to attend other Town meetings as directed.
  1. Ensure that all laws, rules, regulations and provisions of this Charter and acts of the Commission, subject to enforcement by the Manager are faithfully executed.
  1. Act as a representative for the Town with other municipalities, counties and state agencies. 
  1. Purchase all appropriate materials, supplies or equipment for which funds are provided for in the budget, but may not purchase any item which exceeds the budgetary appropriation until the Commission has increased the appropriation.
  1. Consolidate or combine offices, departments or positions which are under his jurisdiction.
  1. With regard to all public monies to be disbursed by check, review and sign such checks, which checks shall also require the signature of the Mayor, or in his absence, another member of the Commission.
  1. Any other duties as appointed by the Town Commission.

Section 3. The returns of the referendum shall be canvassed in the manner provided by law and said returns shall be certified to the Town Commission which shall declare the result thereof: Upon canvassing the returns of the referendum, the result of such referendum shall be recorded in the minutes of the Town Commission in the manner prescribed by law.

Section 4. This Ordinance shall take effect upon adoption.

TOWN OF SEWALL’S POINT CHARTER AMENDMENT

SHALL ARTICLE III OF THE TOWN CHARTER ENTITLED “MUNICIPAL ORGANIZATION AND OFFICERS” AND ARTICLE IV, ENTITLED “MAYOR AND TOWN CHIEF OF POLICE” BE AMENDED SUCH THAT THE TOWN’S FORM OF GOVERNMENT SHALL BE COMMISSION – MANAGER AND PROVIDING THAT A TOWN MANAGER SHALL BE THE ADMINISTRATIVE HEAD OF THE MUNICIPAL GOVERNMENT RESPONSIBLE TO THE TOWN COMMISSION FOR THE ADMINISTRATION OF ALL TOWN EMPLOYEES PURSUANT TO THE CHARTER AND TOWN ORDINANCES?

            YES  ________ FOR APPROVAL OF AMENDMENT

            NO ________ AGAINST APPROVAL OF AMENDMENT

See "Stuff" link for original document format. WR Don.



Wednesday, Oct. 18-06

Palm Beach Post on Town Charter change:
Sewall's Point voters to decide on new form of government

Palm Beach Post Staff Writer

Wednesday, October 18, 2006

SEWALL'S POINT — Voters won't decide any town commission races Nov. 7, but they still might change the government: A ballot question will decide whether to amend the town charter to allow for a commission-manager form of government.

The proposed change would give the town manager the authority to hire and fire most town employees and assume administrative duties.

 
 

More local news

 

Commissioners would retain the power to devise long-term policy and hire and fire the town manager and attorney.

Now, the manager is limited in his authority, leaving many basic tasks, such as signing checks, to commissioners, who have assumed leadership of different town departments, such as finance and building.

But as the town shifts from a community made up mostly of retirees to one of young families, it needs a more hands-on manager, Mayor Dan Morris said.
       ( Don't think "mostly young families" is accurate. "A growing number of young families" might be more reflective, *wr.)

"We need a serious town manager, not a part-time, semi-retired place-holder," he said.

The mayor said a more effective town manager also might have prevented the improprieties that came to light in June, when the town and former Police Chief Larry McCarty settled a sexual harassment suit and several residents got their hands on copies of depositions.
    ( Hello! The depositions became a part of "public record" once the suit was settled! The depositions also shed light on the fact that the "Police Commissioner "of record, failed to take  corrective action!) Read the depositions on this site. In particular former Sewall's Point Police officer Rebecca Brady. R. Brady informed then Police Commissioner Morris, of sexual harassment issues and what did he do? turn the case over to one of the "alleged " harassers ! *wr*

The sworn statements revealed that McCarty had viewed nudity on his computer and that employees had bickered frequently with one another.
(* wr = webwriter, sorry Dan, but that is how the depositions read.)

Ballot question for proposed charter amendment

Shall Article III of the town charter, entitled 'Municipal Organization and Officers,'and Article IV, entitled 'Mayor and Town Chief of Police,'be amended such that the town's form of government shall be commission-manager and providing that a town manager shall be the administrative head of the municipal government responsible to the town commission for the administration of all town employees pursuant to the charter and town ordinances?


Sunday Oct. 16-06

Former Mayor Escues letter to Ed.


 

Thursday, Oct. 5, 06

Audit Report thru Sept. 2005 shows how Ex Building Official & his Clerk ripped off residents by charging fees that     they made up! auditor details same! see page 44, " Current year Comments" - "Building permit Rates"

page 44: The following seems to represent a part of the 'flow chart" scheme cooked up by former
               Building Dept. Clerk & B.O.to charge fees to justify their salaries & pay increases.

CURRENT YEAR COMMENTS  

Building Permit Rates

The Town staff was unable to provide authorized basis (commission resolution or ordinance) for several permit fees charged for partial work in the amount of $35 for air conditioning, electrical, mechanical plumbing, and hurricane shutters. Additionally, the Town was unable to provide authorized basis for the plan review fee of 10% for pool, dock, and wall work.

Management's Response:

We agree with the comment and will take steps to establish a clear fee structure during the upcoming year.

Accounting Policies and Procedures

We noted that the Town's' accounting policies and procedures need to be better documented. Written procedures, instructions, and assignments of duties will prevent or reduce misunderstandings, errors, inefficiencies, duplicated or omitted procedures, and other situations that can result in inaccurate or untimely accounting records. A well-devised accounting manual can also help to ensure that all similar transactions are treated consistently, that accounting principles used are proper, and that records are produced in the form desired by management. A good accounting manual should aid in the training of new employees and possibly allow for delegation of some accounting functions performed by management to other employees.

Although developing the manual will take some time and effort, we believe this time will be more than offset by time saved later in training and supervising

 
note from the writer: This is a verbatim copy of page 44 of the "Auditors Report". One of the sad results for tax payers, is the Commissioners, led by Pam Busha & Mayor Dan Morris gave them a nice going away package at the taxpayers expense.

 The same Commissioner, Pam Busha said," I still don't see anything the building official has done wrong", followed by the Mayors "me neither". In all fairness they hadn't seen this report yet, but we did take them to the "empty lot"!. For those of you unfamiliar with that colloquy, it is about the residents who lost their home to a Simmons re-write of the FEMA MODEL! 

 The writers letter to those Commissioners is on the site somewhere I think under the "building Dept", link scroll down. The writer had put the Commission on notice & the Town Atty, Karen that Simmons had put the residents in jeoprady. They ignored the writers podium warning. I guess just cause it was the writer. To bad for residents who subsequently lost their home & to bad the Commissioners acted so belligerently, as is sometimes their wont.

44

 



 Wednesday Sept. 20th, 06

Referendum wording: First public reading, Not available on Towns website.

TOWN OF SEWALL ’S POINT CHARTER AMENDMENT

 SHALL ARTICLE III OF THE TOWN CHARTER ENTITLED “MUNICIPAL ORGANIZATION AND OFFICERS” AND ARTICLE IV, ENTITLED “MAYOR AND TOWN CHIEF OF POLICE” BE AMENDED SUCH THAT THE TOWN’S FORM OF GOVERNMENT SHALL BE COMMISSION – MANAGER AND PROVIDING THAT A TOWN MANAGER SHALL BE THE ADMINISTRATIVE HEAD OF THE MUNICIPAL GOVERNMENT RESPONSIBLE TO THE TOWN COMMISSION FOR THE ADMINISTRATION OF ALL TOWN EMPLOYEES PURSUANT TO THE CHARTER AND TOWN ORDINANCES?

 

                        YES    ________      FOR APPROVAL OF AMENDMENT

 

 

                        NO      ________      AGAINST APPROVAL OF AMENDMENT

Town government needs to define the pros & cons. Why the change etc.
 



Tuesday, Sept. 12,2006

A letter from the Governor, to webmaster:

    Thank you again for your email about property insurance.

Insurance is the number one issue facing our state today.  Two unprecedented back-to-back hurricane seasons - with eight hurricanes and four tropical storms - caused $36 billion in insurance claims.  According to the Florida Hurricane Catastrophe Fund, annual insured losses in years without a major storm average $2.8 billion.

 Predictions of more catastrophic hurricanes making landfall in the U.S. have triggered significant increases in insurance premiums to cover potential future losses.  Many insurance companies have dropped policies and restricted new policies to avoid high risk areas and reduce overall exposure in Florida.  Homeowners who cannot get private insurance have only two options, no insurance or insurance from Citizens Property Insurance Corporation, which has the highest rates in the state.

 

This is a serious situation.  Higher rates and the inability to get private insurance have created a significant hardship for many homeowners and small businesses. Moreover, Florida cannot maintain a robust economy and high quality of life if our state continues to sustain tens of billions of dollars in damage every year. 

 

The key to solving the problem is fortifying Florida against the potential damage of future storms.   Reducing the risk of damage will reduce estimated cost of future disasters, which should stabilize rising insurance premiums.

 

You can take steps today to protect your home and reduce your insurance premium.  Florida requires insurance companies to give a discount on insurance premiums - as much as 44% on your wind policy - for certain improvements that guard against wind damage.  Choosing a higher insurance deductible, either 2% or 5%, can also reduce your premium. 

 

To help homeowners make these improvements, the state is providing $250 million for the Florida Comprehensive Hurricane Damage Mitigation Program, a new program to perform free home inspections and provide matching grants to qualified homeowners who harden their homes against wind damage.  Qualified homeowners that make approved improvements to their primary residences may be eligible for reimbursement by the state, dollar-for-dollar up to $5,000.  Qualified low-income homeowners may be eligible for up to $5,000 in improvements without providing any matching funding.  The Florida Comprehensive Hurricane Damage Mitigation Program is managed by the Department of Financial Services.  For information about how to apply for the grant, please visit www.mysafefloridahome.com <<<http://www.mysafefloridahome.com>>>.    

 

To provide immediate relief to policyholders, the state provided $715 million to Citizens Property Insurance Corporation to offset the company’s deficit and reduce the surcharge assessed on all policyholders - not just those with coverage from Citizens.  Without this funding, your insurance policy would have increased an additional $172.48 for every $1,000 of your insurance premium.

 

To increase the availability of private insurance, the state is providing $250 million for a new Insurance Capital Build-up Incentive Program to provide matching funds for insurance companies bringing new capital to the market.  This program will enable private insurance companies to underwrite more policies. 

 

On August 8, Lt. Governor Toni Jennings held the first meeting of the Property and Casualty Insurance Reform Committee.  This committee is open to all ideas to bring down the cost of premiums, increase availability of affordable insurance and reduce the risk to homeowners and taxpayers.  If you would like to make a suggestion, please visit www.myfloridainsurancereform.com <<<http://www.myfloridainsurancereform.com>>>.

 

Thank you again for your letter.  I am committed to finding a solution to ease the financial burden that you and many other Florida homeowners are facing with the rising cost and declining availability of insurance.

 

 Sincerely,
 Jeb Bush

P.S. from webmaster: note the links available to you for more info.



Saturday Sept. 8, 2006

Irate resident ready for "re-call" initiative says: In my view he
is an elitist and would like all the average people out of Sewalls Pt. 
The commission is spending money like they print it.  Why pay the new
building official so much?   Why pay the new town manager approx $27,000
more than he was making in Ohio?  I thought there was a cap on the BO
position?  Not to mention what we are and will pay to the town attorney. 
The inmates are running the asylum!!!

Tuesday Sept. 5, 2006

    Scams, there is this one from E-bay in your E-mail:
 

E-Bay member: cmking26   Re: Question about payment for item: #8812386909 DELL,
Don't open it.
     

   Then there is this one from the Chief:



According to reliable sources, his "predecessor", spent his work days, at work, taking care of the Towns business not his personal business and otherwise screwing around on the tax payers dime!
Unfortunately for the taxpayers/residents, Mayor Morris has some weird fixation/connection, with the Chief's tenure dating back to his time as "Police" Commissioner. Unfortunately, alll but one Commissioner will give the Chief what he ask for. Seemingly just to get rid of the issue the easy way for them. Unfortunately again, at the RESIDENTS expense. Check "Rumor has it", later, as we have been led down a mysterious trail and we will follow it to: "Hillcrest"?


More on the Chief's resignation: from Twn Mtg. Jan. 06

The following is from a Town Meeting when Hugh Williams was interim Town Mgr.

Note Twn., mgr. remarks and those of Chief. "and if someone wants me to leave earlier just tell me.".

  1. Police Chief's Retirement - Vice Mayor Chicky referred to a notice from the town manager that Chief McCarty is gong to retire in June. The Vice Mayor said he was surprised and wondered who picked that date.

    Mr. Williams said Chief McCarty picked the date and "volunteered it of his own free will" during a discussion about other matters.

    Vice Mayor Chicky said he had been told the date was January 2007.

    Mayor Baron said it was his recollection that Chief McCarty wanted to retire in January 2006 but "I asked him to stay on for six more months so we could get through these other issues with the new manager."

    Chief McCarty stated "my understanding was that I would stay for a year and I asked for an extension on the insurance." He added that "I did not say June, I believe I was asked if June was OK and I said OK." Chief McCarty said he would prefer January 2007 but would do whatever the Commission wishes

    In response to a question from Commissioner Bausch, Chief McCarty said the Town paid his predecessor's health insurance premiums for one year and that he would like "a year extension on that for my daughter and my wife."

    Vice Mayor Chicky said he would like to see the Police Chief stay on until next January.

    Commission Morris suggested that each Commissioner discuss this with Chief McCarty privately during the next two weeks.

    Commissioner Morris left the meeting at 9:04 PM.

 


Resident "Carole's" letter to ed. Stuart News, "comments"

Gravatar Mr. Lewis,
You could not be more wrong. As Ms. Herrman's attorney, I can tell you that no one representing the Town nor the self-insurance carrier, had any doubt regarding Chief McCarty's culpability. The relatively modest amount paid was reflective of Deni's desire to put the matter behind her, as well as my evaluation of a likely damage award. That fact that the Chief, and the Town's, behavior was both unlawful and sadly comical,was never a dispute during the litigation. Town officials, from the lieutenant, to the Town Clerk, to the Chief himself, consistently supported the Plaintiff's allegations. To suggest that "the Town never agreed that harassment took place", is grossly inaccurate.
Gary A. Isaacs

9:31:19 p.m. on August 25, 2006
Report as offensive
Gravatar 11:07:14 p.m. on August 25, 2006
Report as offensive
Gravatar I tried not to read the "Comments" in response to Mrs. Chontos ltr to ed. finally gave in. I am wondering where he lives? Who? Ken Lewis. Did he read the "Chiefs" deposition? Did he read any of them? The Chief admitted to the allegations, i.e., no longer allegations but the truth! To those who say oh, they are just depositions, last I read depositions are sworn testimony. Contrary to "Point" attorney Ziegler's brush off of same at Chiefs Town meeting, swearing in still means something to some, including the legal system!

2:46:49 p.m. on August 26, 2006
Report as offensive



Rumor: Seems that new Town Manager showed up one hour late for a meeting w/top cop negotiator, then told him he, Twn. Mgr., was chopping heath benefits for Cops. Cop got up and left. If true "Point" force reads like this: Lt. Tina & officer Donlon?

If you have been wondering about thin shelves at "Stuart Fine Foods" so have  we. Seems they are in a little over their heads due to Palm City build. Hope that they make it OK, would hate to loose them from E.Ocean site!!!!!!!!!!! In spite of their intercom playing rap music through out store! Wake up Little Joe!!


"Morons" writer clk on "Town Mgr" link.


To "Morons" writer: This site has expressed a desire to let the New, Town Manager "Kellogg" do his thing and lead the "Point" in a new direction. A fresh start will be most welcome.  We wish him well. The writer never went to "Rittman" looking for web sites or blogs about same. We did however think the search group, Colin Baezenger Associates  consider doing that as part of normal research procedure. Hard to imagine a head hunter not "Google" -ing a prospect.

From "View Comments": "Morons, your rittman.com is written by an Ex elected official that had it out for Kellogg. Do your research Don G. and don't believe everything posted to this site. it would be like Winer starting his own website.HAHAHAHAHAHAHAHAH"

We received a link in an E-mail, we posted it, www.rittmann.com. The opinions posted thereafter are from "viewer Comments".  The webmaster info ("Ex-elected official") is important but posted by that webmaster and is no secret. The webmaster of www.yourrittman.com, as best we can tell ran for office but failed in his bid! I.e., is not an "Ex-elected official". "Moron" writer read his page 3?

Webmaster wrote the following:

 We can't wait for his first day on the job, which is ? Sept. 18th. We welcome him with open arms. We need leadership with out bias, and ties to the past. Seems fair to say Mr.. Kellogg will give us that. Will be great to have a manager with the power to-. Go to "Town Manager" link. The writer continues to share that optimism!
 


MUSLIMS -JIHAD:
 

HISTORY TEST

Please pause a moment, reflect back, and take the following multiple choice test. The events are actual cuts from past history. They actually happened!!!

 Do you remember?

1. In 1968
Bobby Kennedy was shot and killed by
a. Superman
b. Jay Lenno
c. Harry Potter
d. Muslim male extremist between the ages of 17 and 40

2. In 1972 at the
Munich Olympics, athletes were kidnapped and massacred by
 a. Olga Corbett
 b. Sitting Bull
 c. Arnold Schwarzenegger
 
d. Muslim male extremists mostly between the ag es of 17 and 40

3. In
1979, the US embassy in Iran was taken over by:
a. Lost Norwegians
b. Elvis
c. A tour bus full of 80-year-old women
d. Muslim male extremists mostly between the ages of 17 and 40

4.During the 1980's a number of Americans were kidnapped in Lebanon by:
a. John Dillinger
b. The King of Sweden
c. The Boy Scouts
d. Muslim male extremists mostly between the ages of 17 and 40

5. In 1983, the
US Marine barracks in Beirut was blown up by:
a. A pizza delivery boy
b. Pee Wee Herman
c. Geraldo Rivera
d. Muslim male extremists mostly between the ages of 17 and 40

6. In
1985 the cruise ship Achille Lauro was hijacked and a 70 year old American passenger was murdered and thrown overboard in his wheelchair by:
a. The Smurfs
b. Davy Jones
c. The Little Mermaid
d. Muslim male extremists mostly between the ages of 17 and 40

7.In 1985
TWA flight 847 was hijacked at Athens, and a US Navy diver trying to rescue passengers was murdered by:
a. Captain Kidd
b. Charles Lindberg < BR> c. Mother Teresa
d. Muslim male extremists mostly between the ages of 17 and 40

8.In 1988,
Pan Am Flight 103 bombed by:
 a. Scooby Doo
 b. The Tooth Fairy
 c Butch Cassidy and The Sundance Kid
  d. Muslim male extremists mostly between the ages of 17 and 40

9. In 1993 the
World Trade Center was bombed the first time by:
a. Richard Simmons
b. Grandma Moses
c. Michael Jordan
d. Muslim male extremists mostly between the ages of 17 and 40
 
<> 10.In 1998, the US embassies in Kenya and Tanzania were bombed by:
a Mr. Rogers
b. Hillary Clinton, to distract attention from Wild Bill' s women problems
c. The World Wrestling Federation
d. Muslim male extremists mostly between the ages of 17 and 40

11.On 9/11, 2001 four airliners were hijacked; two were used as missiles to take out the World Trade Centers and of the remaining two, one crashed into the US Pentagon and the other was diverted and crashed by the passengers.Thousands of people were killed by:
 a. Bugs Bunny, Wiley E. Coyote, Daffy Duck and Elmer Fudd
 b. The Supreme Court of Florida
 c. Mr. Bean
 d. Muslim male extremists mostly between the ages of 17 and 40

12.In 2002 the United States fought a war in Afghanistan against:
 a. Enron
 b. The Lutheran Church
 c. The NFL
 d. Muslim male extremists mostly between the ages of 17 and 40

 13. In 2002 reporter Daniel Pearl was kidnapped and murdered by:
  a. Bonnie and Clyde
  b. Captain Kangaroo
  c. Billy Graham
  d. Muslim male extremist s mostly between the ages of 17 and 40 

14. 2004 - Spain Railway bombings who did it?
Muslim male extremists mostly between the ages of 17 and 40
                
15.  Bali Indoniesia nightclub bombing, who could have possibly done that?
Muslim male extremists mostly between the ages of 17 and 40 perhaps?
 
  16. 2005 London Railway bombings, and on and on it goes and will continue till WE stop it.  It is almost always Guess Who:
Muslim male extremists mostly between the ages of 17 and 40

Nope, I really don't see a pattern here to justify profiling, do you?

So, to ensure we Americans never offend anyone, particularly fanatics intent on killing us, airport security screeners will no longer be allowed to profile certain people. They must conduct random searches of 80-year-old women, little kids, airline pilots with proper identification, secret agents of the President's security detail, 85-year old Congressmen with metal hips, and Medal of Honor winning and former Governor Joe Foss, but leave 
Muslim
Males between the ages 17 and 40 alone because of profiling.
  WHO IS THE ENEMY?  Never admit it!  Can't we all just get along?  If we just give them what they want they will love us!

Let this be a lasting tribute to the Gloria Aldreds "of the world" and other dunder-headed attorneys along with our out of control Justices and their system along with those POLITICALLY CORRECT GOOFBALLS that WE have mistakenly elected to government offices that want to thwart ALL common sense and kill us (US) from within.

As the writer of the award winning story "Forrest Gump" so aptly put it, "Stupid is as stupid does."

Come on people wake up!!!
 

http://righttruth.typepad.com/right_truth/2006/03/historical_revi.html

The Jihadis, the militant Muslims, are basically Nazis in Kaffiyahs.   They believe that Islam, a radically conservative (definitely not liberal!) form of Wahhabi Islam, should own and control the Middle East first, then Europe, then the world, and that all who do not bow to Allah should be killed, enslaved, or subjugated.   They want to finish the Holocaust, -destroy Israel, -purge the world of Jews.   This is what they say.

 

An Important History Lesson---  Why we are in IRAQ.

 Here is a post from Raymond S. Kraft, a California lawyer, that sheds light on the Big Picture!

 Sixty-three years ago, Nazi Germany had overrun almost all of Europe and hammered England to the verge of bankruptcy and defeat, and had sunk more than four hundred British ships in their convoys between England and America for food and war materials.

 The US was in an isolationist, pacifist, mood, and most Americans and Congress wanted nothing to do with the European war, or the Asian war.

Then along came Pearl Harbor on December 7, 1941, and in outrage Congress unanimously declared war on Japan, and the following day on Germany, which had not attacked us.. It was a dicey thing. We had few allies.

 France was not an ally, the Vichy government of France aligned with its German occupiers. Germany was not an ally, it was an enemy, and Hitler intended to set up a Thousand Year Reich in Europe. Japan was not an ally, it was intent on owning and controlling all of Asia.. Japan and Germany had long-term ideas of invading Canada  and Mexico, and then the United States  over the north and south borders, after they had settled control of Asia and Europe. 

 America's allies then were England, Ireland, Canada, Australia, and Russia, and that was about it. All of Europe, from Norway to Italy, except Russia in the east, was all ready under the Nazi heel. America was not prepared for war.   America had stood down most of it's military after WWI and throughout the  depression, at the outbreak of WWII, there were army units training with broomsticks over their shoulders because they didn't have guns, and cars with "tank" painted on the doors because they didn't have tanks.   And a big chunk of our Navy had just been sunk and damaged at Pearl Harbor.

 Britain had already gone bankrupt, saved only by the donation of $600 million in gold bullion in the Bank of England that was the property of Belgium and was given by Belgium  to England to carry on the war when Belgium was overrun by Hitler.   Actually, Belgium surrendered in one day, because it was unable to oppose the German invasion, and the Germans bombed ! Brussels into rubble the next day anyway just to prove they could.   Britain has been holding out for two years already in the face of staggering shipping losses and the near decimation of its air force in the Battle of Britain, and was saved from being overrun by Germany only because Hitler made the mistake of thinking the Brits were a relatively minor threat that could be dealt with later   and turning his attention to Russia, at a time when England was on the verge of collapse in the late summer of 1940. Russia saved America's butt by putting up a desperate fight for two years until the US got geared up to begin hammering away at Germany.   Russia lost something like 24 million people in the sieges of Stalingrad and Moscow, 90% of them from cold and starvation, mostly civilians, but more than a million soldiers.   More than a million. Had Russia surrendered, then, Hitler would have been able to focus his entire campaign against the Brits, then America, and the Nazis would have won the war

 I say this to illustrate that turning points in history are often dicey things.   And we are at another one. There is a very dangerous minority in Islam that either has, or wants and may soon have, the ability to deliver small nuclear, biological, or chemical weapons, almost anywhere in the world, unless they are prevented from doing so.

 The Jihadis, the militant Muslims, are basically Nazis in Kaffiyahs.   They believe that Islam, a radically conservative (definitely not liberal!) form of Wahhabi Islam, should own and control the Middle East first, then Europe, then the world, and that all who do not bow to Allah should be killed, enslaved, or subjugated.   They want to finish the Holocaust, -destroy Israel, -purge the world of Jews.   This is what they say.

 There is also a civil war raging in the Middle East, for the most part not a hot war, but a war of ideas.   Islam is having its Inquisition and its Reformation today, but it is not yet known which will win -  the Inquisition or the Reformation. 

 If the Inquisition wins, then the Wahhabis, the Jihads, will control the Middle East, and the OPEC oil, and the US, European, and Asian economies, the techno industrial economies, will be at the mercy of OPEC, not an OPEC dominated by the well educated and rational  Saudis of today, but an OPEC dominated by the Jihadis.You want gas in your car?   You want heating oil next winter?   You want jobs?   You want the dollar to be worth anything?   You better hope the Jihad, the Muslim Inquisition, loses, and the Islamic Reformation wins.

 If the Reformation movement wins, that is, the moderate Muslims who believe that Islam can respect and tolerate other religions, and live in peace with the rest of the world, and move out of the 10th century and into the 21st, then the troubles in the Middle East will eventually fade away, and a moderate and prosperous Middle East will emerge.

 We have to help the Reformation win, and to do that we have to fight the Inquisition, i.e., the Wahhabi movement, the Jihad, Al Qaeda, the Islamic terrorist movements.   We have to do it somewhere.   We cannot do it nowhere.   And we cannot do it everywhere at once.   We have created a focal point for the battle now at the time and place of our choosing, in Iraq.

 Not in New York, not in London, or Paris, or Berlin, but in Iraq, where we did and are doing two very important things.

(1) We deposed Saddam Hussein.   Whether Saddam Hussein was directly involved in 9/11 or not, it is undisputed that Saddam has been actively supporting the terrorist movement for decades.   Saddam is a terrorist.

Saddam is, or was, a weapon of mass destruction, who is responsible for the deaths of probably more than a million Iraqis and two million Iranians.

(2) We created a battle, a confrontation, a flash point, with Islamic terrorism in Iraq.   We have focused the battle.   We are killing bad guys there and the ones we get there we won't have to get here, or anywhere else.   We also have a good shot at creating a democratic, peaceful Iraq, which will be a catalyst for democratic change in the rest of the Middle East, and an outpost for a stabilizing American military presence in the Middle East for as long as it is needed.

World War II, the war with the German and Japanese Nazis, really began with a "whimper" in 1928.   It did not begin with Pearl Harbor.   It began with the Japanese invasion of China.   It was a war for fourteen years before America joined it.   It officially ended in 1945 - a 17 year war - and was followed by another decade of US occupation in Germany and Japan to get those countries reconstructed and running on their own again ... a 27 year war.

 World War II cost the United States an amount equal to approximately a full year's GDP - adjusted for inflation, equal to about $12 trillion dollars, WWII cost America more than 400,000 killed in action, and nearly 100,000 still missing in action.

The Iraq war has, so far, cost the US about $160 billion (U.S. GDP in 2006 = 13.04 trillion dollars, which means that the IRAQ war has cost the U.S. approximately 12.5% of a full years GDP), which is roughly what 9/11 cost New York.   It has also cost about 2,200 American lives, which is roughly 2/3 of the 3,000 lives that the Jihad snuffed on 9/11.   But the cost of not fighting and winning WWII would have been unimaginably greater - a world now dominated by German and Japanese Nazism.

Americans have a short attention span, now, conditioned I suppose by 60 minute TV shows and 2 hour movies in which everything comes out okay.

 The real world is not like that.   It is messy, uncertain, and sometimes bloody and ugly.   Always has been, and probably always will be.

 The bottom line here is that we will have to deal with Islamic terrorism until we defeat it, whenever that is.   It will not go away on its own.   It will not go away if we ignore it.

If the US can create a reasonably democratic and stable Iraq,   then we have an "England" in the Middle East, a platform, from which we can work to help modernize and moderate the Middle East.   The history of the world is the clash between the forces of relative civility and civilization, and the barbarians clamoring at the gates. The Iraq war is merely another battle in this ancient and never ending war.   And now, for the first time ever, the barbarians are about to get nuclear weapons.   Unless we prevent them.   Or somebody does.

 We have four options.

1. We can defeat the Jihad now, before it gets nuclear weapons.

2. We can fight the Jihad later, after it gets nuclear weapons (which may be as early as next year, if Iran's progress on nuclear weapons is what Iran claims it is).

3. We can surrender to the Jihad and accept its dominance in the Middle East, now, in Europe in the next few years or decades, and ultimately in America.

4. Or we can stand down now, and pick up the fight later when the Jihad is more widespread and better armed, perhaps after the Jihad has dominated France and Germany and maybe most of the rest of Europe.   It will be more dangerous, more expensive, and much bloodier then.

Yes, the Jihadis say that they look forward to an Islamic America.   If you oppose this war, I hope you like the idea that your children, or grandchildren, may live in an Islamic America under the Mullahs and the Sharia, an America that resembles Iran today.

 We can be defeatist peace activists as anti war types seem to be, and concede, surrender, to the Jihad, or we can do whatever it takes to win this war against them.

The history of the world is the history of civilizational clashes, cultural clashes.   All wars are about ideas, ideas about what society and civilization should be like, and the most determined always, win.

Those who are willing to be the most ruthless always win.   The pacifists always lose, because the anti pacifists kill them.

 In the 20th century, it was Western democracy vs. communism, and before that Western democracy vs.. Nazism, and before that Western democracy vs. German Imperialism.   Western democracy won, three times, but it wasn't cheap, fun, nice, easy, or quick.   Indeed, the wars against German Imperialism (WWI), Nazi Imperialism (WWII), and communist imperialism (the 40 year Cold War that included the Vietnam Battle, commonly called the Vietnam War, but itself a major battle in a larger war) covered almost  the entire century.

The first major war of the 21st Century is the war between Western Judeo Christian Civilization and Wahhabi Islam.   It may last a few more years, or most of this century.   It will last until the Wahhabi branch of Islam fades away, or gives up its ambitions for regional and global dominance and Jihad, or until Western Civilization gives into the Jihad.

 It will take time.   It will not go with no hitches.   This is not TV.

Remember, perspective is everything, and America's schools teach too little history for perspective to be clear, especially in the young American mind.

The Cold War lasted from about 1947 at least until the Berlin Wall came down in 1989.   Forty two years.   Europe spent the first half of the 19th century fighting Napoleon, and from 1870 to 1945 fighting Germany.

 World War II began in 1928, lasted 17 years, plus a ten year occupation, and the US still has troops in Germany and Japan.   WWII resulted in the death of more than 50 million people, maybe more than 100 million people, depending on which estimates you accept.

The US has taken a little more than 2,000 KIA in Iraq.   The US took more than 4,000 killed in action on the morning of June 6th, 1944, the first day of the Normandy Invasion to rid Europe of Nazi Imperialism.   In WWII the US averaged 2,000 KIA a week for four years.   Most of the individual battles of WWII lost more Americans than the entire Iraq war has done so far.

But the stakes are at least as high . . . a world dominated by representative governments with civil rights, human rights, and personal freedoms . or a world dominated by a radical Islamic Wahhabi movement, by the Jihad, under the Mullahs and the Sharia (Islamic law).

I do not understand why the American Left does not grasp this. They favor human rights, civil rights, liberty and freedom, but evidently not for Iraqis. In America, absolutely, but nowhere else.

300,000 Iraqi bodies in mass graves in Iraq are not our problem? The US population is about twelve times that of Iraq, so let's multiply 300,000 by twelve. What would you think if there were 3,600,000 American bodies in mass graves in America because of George Bush? Would you hope for another country to help liberate America?

 "Peace Activists" always seem to demonstrate where it's safe, in America..

Why don't we see Peace Activist demonstrating in Iran, Syria, Iraq, Sudan, North Korea, in the places in the world that really need peace activism the most?

The liberal mentality is supposed to favor human rights, civil rights, democracy, multiculturalism, diversity, etc., but if the Jihad wins, wherever the Jihad wins, it is the end of civil rights, human rights, democracy, multiculturalism, diversity, etc. Americans who oppose the liberation of Iraq are coming down on the side of their own worst enemy.

If the Jihad wins, it is the death of Liberalism. Everywhere the Jihad wins, it is the death of Liberalism. And American Liberals just don't get it.

Raymond S. Kraft is a writer and lawyer living in Northern California. Please consider passing along copies of this to students in high school, college and university as it contains information about the American past that is very meaningful TODAY - - history about America that very likely is completely unknown by them (and their instructors, too). By being denied the facts and truth of our history, they are at a decided disadvantage when it comes to reasoning and thinking through the issues of today. They are prime targets for misinformation campaigns beamed at enlisting them in causes and beliefs that are special interest agenda driven.

 From: http://righttruth.typepad.com/right_truth/2006/03/historical_revi.html    Click it


New E bay scam mail: If you get this one for a Dell laptop trash it.

From: "member:amritpal2004" <member@ebay.com>  View Contact Details  View Contact Details   Add Mobile Alert
Subject: RE: Question about Item 8812386909-DELL PRECISION M20 LAPTOP
Date: Tue, 15 Aug 2006 12:20:52 -0400

 

POPULATION 1936, OAK HILL CUTTING BENEFITS TO HOLD THE LINE ON TAXES. WRITER SUGGEST
SEWALL'S POINT BENEFITS MORE THAN GENEROUS, IN FACT WAY OVERBOARD. WRITE FORMER TOWN
OFFICIAL.


Monday July,17-06

    The following "post" is from a resident who doesn't' think much of Commissioner Subin's casual treatment of the
        "off-color" - "even pornographic" material viewed on the Chiefs computer remarks:
 

Date:   7/16/2006, 6:11 pm, EDT
Name:   MARILYN ESCUE-FIRST TIME WRITER
Subject:   JOKES
Number:   366
 
MR. SUBIN, I CAN STILL HEAR YOUR WORDS IN MY MIND FROM THE LAST MEETING SAYING WHAT WAS VIEWED ON THE TOWN COMPUTER AS "JUST JOKES". WE ALL RECEIVE JOKES ON OUR HOME COMPUTERS THAT GIVE YOU A CHUCKLE. WHAT I SAW THAT WAS ON THE CHIEFS COMPUTER WAS THE MOST DISGUSTING FILTH I HAVE EVER SEEN IN MY LIFE, NOT A JOKE. I ONLY HOPE THAT THE YOUTH OF OUR COMMUNITY WERE NOT ABLE TO VIEW IT AND I AM EXTREMELY DISAPPOINTED IN YOUR POOR CHOICE OF WORDS. YOUR LETTER IN THE POST CAME ACROSS AS A VERY TRIVAL MATTER, BUT IT WAS SICKENING TO ME AND MANY OF MY FRIENDS

Scroll down to read Commissioner Subins article, Palm Beach Post.
Friday, July 14-06

Florida & Federal Employment Law Manual: order @ 1 800 643 5999 " Florida Chamber of Commerce".

Commissioners please read page 418, "Harassment & Discrimination Thru Electronic Communication"
    " A number of sexual harassment or sex discrimination lawsuits have been caused, at least in part, from
      inappropriate e-mail or voice mail communications".
      Also of interest should be signature requirements of employees.

Thursday, July 13-06

"He's got the full support of the town commission," Morris said of McCarty. STUART NEWS

Sewall's Point needs maturity, not quick fix

Palm Beach Post Editorial

Thursday, July 13, 2006

By NEIL SUBIN

I agree that Sewall's Point's adolescence would now appear to have persisted for too long. I would argue, however, that the past few years have had the Point living through a second toddler stage, where temper tantrums, impatience and inappropriate emotional outbursts are the norm.

 More from Opinion

Sound off in the blog
Columnists
Editorials/Letters
Don Wright cartoons

 

A complete reading of the depositions in the now-settled sexual harassment case, the ones available to date, tell a story that is much bigger than Police Chief Larry McCarty's lapses of good judgment and questions about his management style. It is a tale of a town staff run amok. It is a story of personal fiefdoms, special treatment for favored residents, in-fighting, backstabbing, and sordid behavior that forms the basis for those who seek the chief's immediate removal, in one form or another, by nearly all former and current town staff.

This is where The Post editorial's reference to adolescence is on point ("Let Chief McCarty go," July 1); town hall resembles a high school class with a substitute teacher. One thing is clear, what has been missing from town hall for decades is adult supervision. Our plan to hire our first full-time town manager will provide such supervision.

To the facts. It is true that the chief's behavior requires action, and the commission was clear. The town will accept the chief's resignation as soon as the new town manager crafts a well-thought, methodical succession plan. This is essential to preserve the morale of the department and to ensure continuity. It was made clear that this was likely to take place in the next eight to 10 weeks.

Sewall's Point is an incredibly safe place to live. No decision regarding the chief would be a good one if it puts the town's safety at any risk. It is precisely why a more deliberate approach is needed. The chief has admitted to viewing off-color and inappropriate content on his office computer. None of it illegal. The balance of the allegations against the chief are just that, allegations.

There have been assertions by those who seek the chief's immediate removal that he is, in some way a danger; I find this to be outrageous. If every person who has ever viewed an off-color or even pornographic e-mail was dangerous and unemployable, work would stop in America. Is it good judgment to be viewing them on a town computer? Of course not. Would a good manager be sharing them with subordinates? Of course not. But do those actions make the chief a danger? I think hardly.

Many who seek the chief's immediate ouster have been demanding the same for some time, but for other reasons; they are unhappy with past enforcement of ordinances. The key to resolving their grievances is not to "shoot the messenger," which is precisely what happened to the former building official. The solution is to finally simplify the town's ordinances to make Sewall's Point an easier, friendlier place to live. The town commission is addressing that problem.

The fact is that The Post's suggestion to immediately remove the chief and replace him with the next in command would not settle this issue. Those who seek the chief's immediate ouster also seek the ouster of his next in command, a person against whom there are no allegations of any sordid conduct.

All of this seems to be part of a post-election push by a vocal few to gut town hall impulsively, without any plan, to satisfy either personal vendettas or to settle political scores. This has left the town in a difficult position. It is time for the "unaffiliated" of the town to act in a clinical, methodical, unemotional way, to address the important issues. The lesson of the depositions is that we need to completely restructure town hall and bring in competent, professional management. I expect the recruitment process now under way will provide us with just such a manager.

Adolescent and toddler behavior is impulsive, impatient and emotional. Adult behavior is deliberate, non-reactive and patient. The Post is correct: If we intend to make Sewall's Point a better place, decisions in this town need to be made in an adultlike fashion
 


Palm beach Post:

By Rachel Simmonsen, Palm Beach Post Staff Writer,Tuesday, June 13, 2006

SEWALL'S POINT — A former clerk with the town's police department has dropped a sexual harassment and retaliation lawsuit against the town and its police chief because the town has agreed to pay her $65,000.

Click on " Think About It" link-left for full "Post" article.

The following post is from the " View & Post Comments" forum on this site. The writer, of this site,  has read  the depositions of the deposed. it appears the writer of the following, # 225 has read same or been witness to the charges brought by the recipient of the $ 65,000.00 award against the defendants. Unfortunately the Town of Sewall's Point is a party to that award due to the actions of an employee and/or employees. In this case Chief Larry McCarty and former temporary public works employee, " hands on" Royce", husband of former Building Dept. clerk/secretary, Laura O'Brien. key words " hands on, former".  read the depositions to understand "hands on".

It would appear from the comments of Mayor Morris, that he has not read the depositions. If one reads the depositions, which are not "hearsay", but corroborated by other employees, a former police officer, a Martin County Sheriff, it is hard to imagine that the "stewards of the public trust", our Commissioners, can condone such behavior. Surely the Florida Department of Community Affairs would not dismiss testimony of former, current and past employees , and a Martin County Deputy  Sheriff. To state that "  the Commissioners of the Town of Sewall's Point fully support the defendant " in this case, can lead one to believe that neither the Mayor, nor the Commissioners, have read the depositions of the aforementioned! We do not believe that all of the Commissioners stand by that statement, nor that any would, having read the depositions!

 Surely the Martin County Sheriffs Department would seek immediate dismissal. We believe the Florida Department of Community Affairs and or the Florida Dept. of Legal Affairs would do likewise. " Surely" the Commissioners, individually have not read the depositions. " Surely" they must, before allowing the Mayor to make such a blanket statement.

Stuart News article tomorrow Wed., 14th, 2006. The following from this websites, " View Comments" by a writer to this site.

JUDGE sends CASE  TO MEDIATION before "summary judgment" hearings. PLAINTIFF PAID $65,000.00
TOWN'S LEGAL FEES OVER $ 40,000.00 ALL BECAUSE OF DIRTY COMPUTER SCREEN AND HANDS ON,
TEMPORARY EMPLOYEE! TOO BAD!

DIRTY SCREEN PROOF IN DEPOSITIONS OF WITNESSES, note plural. HANDS ON CONTACT BY TEMP. EMPLOYEE ALSO WITNESSED as per depositions. Temp. employee, Laura's husband, eventually fired, caught smoking pot in Town's truck WHILE WORKING o.t. THAT PRESCRIBED FOR HIMSELF! EX MAYOR BARON TOLD TOWN ATT.Y & TOWN MGR. ABOUT IT  approx. 2 weeks after Baron caught him smoking dope. Baron in passing, learned about the "hands on", inappropriate "touching & rubbing" charge and told Town Atty. & Twn Mgr. about Pot deal. Conveniently let him resign though, strange, anywhere but the "POINT'! LAURA THE BUILDING CLERKS "'HUSBAND", ROYCE, HIRED BY EX B.O. SIMMONS, NAMED IN THE SEXUAL HARASSMENT SUIT AS "HANDS ON: GUY! ROYCE NOT SIMMONS.

 


Monday, July, 10-06

Republican Club Monthly meeting, Ramada Inn @ noon.

Agenda; Introduce candidates for County Seats Ditricts 2 & 4.

    Incumbents, Sarah Heard Dist.4, Susan Valliere Dist.2
    Candidates, Susan O'Rourke, Dist. 4, Patrick LaConte, Dist. 2.

Moderator opened the meeting with: 'Will the real Republicans stand up". To which about 3/4's of the audience  responded.

Gotcha!

Notable notes: Sarah Heard:
 "The County Commission ignored the Comp. plan and "crafted 26 amendments to same. I supported only three". The annual review by the Florida Dept. of Community Affairs, (DCA) of the Counties adherence to it's own plan denied/decried? 23 of the Comp plan amendments! A Sarah match!

Sarah again: She does not support the Indian Street bridge project. Said there are other altenatives though not naming any. During her closing statment she offered to take some questions, none were asked, the writer almost asked what are the alternatives? Thought better of it which is rare for the writer.

Writers conclusion, Sarah Heard. After watching MCTV ( yes I know, "get a life",) one can only conclude that Sarah Heard does her homework, is always prepared, and questions most every proposed or spent budget item. She watches out for our Tax Dollars like no other Commissioner!

The County's Budget has risen over 40% since 2000! We need the Sheriff's Dept. the Fire Dept etc. to pull back. WE are not asking "for all these services", we get them whether we want them or not.  Stop increasing personnel and building 8 million dollar monoliths! Enough with the Parks Dept. as well. They have spent enough of our (Martin County residents) tax dollars building Rec. facilities for Port St. Lucie residents!

 Sorry Bob! You need to kick in! You asked for something in return a few months back, we'll annex Trailer Coast Mall to you. We'll help you gather support for the Walton Road bridge so your residents and all of St. Lucie County can get to it's beaches, all nine of them, or is it fourteen?  We'll expose the "Presidents Council' on the Hutchinson Island for what it really was/is? You will get the Walton Rd. bridge built. You won't have to build a "water Park", downtown?

Holy Cow sorry candidates, I took advantage of an opportunity.
Let's see.
    Susan V.; Turned into a very good Chair, much to the writers surprise. Could almost be called a one issue Commissioner, i.e. Witham. Resides in Sewall's Point as does candidate laConte. OOps sorry! Seems fair & honest as Chair. Says we most always seem to be at extremes "growth, no growth". Wants to be "remembered, that she weighed the issues, with kindness and respect". " No need to increase density", however, she is a strong advocate of personnel property rights.

    "Property Rights" That the one I've always had problems with Susan. But how about this. I buy a 20 acre "ranchette" 20 years ago, I mean come on, I knew what it was then, so now why is it I want to subdivide it into ten two acre lots? I know, so it takes me longer to get over the Palm City bridge to get to Stuart, where the "Ginn Company" has it's sales offices, and hold's parties in downtown Stuart, to sell it's Port St. Lucie lots, only "minutes from downtown Stuart & the beaches", "only" was 45 minutes now it's 65 minutes from " Triburion"? Tribecca? Actually, IN THE NOT TO DISTANT FUTURE, you might be able to make it from "Tribecca" in Manhattan to Witham Field, quicker than FROM 'Triburion" to "our" beaches. "Ours" cause we pay for them!

MORE ON THE ABOVE MEETING SHORTLY.

Wed. July 5th, 2006

Deni Hermann, former Police Clerk/secreatary's: letter of explanation & why she won her suit aginst "Larry McCarty &
                            The Town of Sewall'sPoint"

 

Having been the topic of conversations, postings to websites and stories in newspapers, I would like the opportunity to set the record straight.

I was the Police Clerk in the Town of Sewall’s Point, as well as a resident of the town for 7 years. I was also the victim of improper touching by another employee.  I was exposed to viewing sexually explicit materials on the Chief of Police's computer, retaliation, and a hostile work environment.  The material I was exposed to included bestiality, among other severely grotesque things. There were three ex-employees who testified to being shown the bestiality by the Chief, and there were more witnesses set to testify, but the case was settled and they were not called. I am a professional adult but that did not assist me in this situation. After being touched inappropriately, I went to the Lieutenant several times but she did nothing except tell me handle it myself. I then went to the Chief.  He briefly talked to the employee but the touching continued.  It was at that point that I realized my complaint was not taken seriously due to the way in which the Chief was using his computer. I also knew that the then Town Manager was viewing the same sexually explicit pictures with the Chief, which was testified to by the Chief himself. I then spoke with Commissioner Dan Morris, (the police Commissioner,) and his wife by phone, telling them what was going on.  Shortly after that discussion, Officer Rebecca Brady went to the Morris' home and discussed problems she was having in the department and informed them that she witnessed an employee touching me in an inappropriate manner. Instead of keeping his promise to Officer Brady and taking care of the problems, Commissioner Morris went directly to the Chief and told him what was said to him in confidence.  From then on, I was retaliated against by the Chief, Lieutenant, (as was Officer Brady) Town Manager and Commissioners.  The retaliation got so bad that I was actually vomiting at work from the stress they had put me under.  They took away my ability to earn overtime and humiliated me on a daily basis. I followed the advice of a then Commissioner and contacted an attorney.  I finally stopped going to work because the behavior toward me did not stop.

A few months later, the new Town Manager contacted me and asked me to return to work, with the promise of no more retaliation or hostility. I took him at his word and returned to my job, only to face the wrath of the same people that made me leave in the first place.  My hours were changed as was my job description.  My computer was moved so I had to use an upside down trash can as a desk.  My paperwork was locked in a file cabinet which was locked in the closet.  I was not given a key.  Doors were locked and locks were changed and the officers were told not to talk to me. I couldn't do my work because the Chief and Lieutenant were rarely in the office and I didn't have the key to the closet.  They set me up to fail.  I forced myself to stay for five weeks in this environment, each day worse than the last.

What I wanted from the start was to keep the job I loved and to have the people that created this environment to be fired according to Town policy.  Obviously that is not what occurred. I was fired from my job because I refused to keep going back to the abuse day after day.  I filed suit because that was the only way I could bring to light what was going on in the town.

During the depositions I and several others told the complete truth. Others did not. The Chief and Lieutenant testified under oath that the sexual material was only from the waist up and it only occurred for about two months.  Contrary to the Lieutenant’s testimony, it should be noted that she was called into the Chief’s office to view the material almost as much as I was. Toward the end of the Chief's deposition he was shown proof of the material from his computer and it was NOT only from the waist up.  At that point the Chief finally admitted that he broke Town policy, but he was more concerned as to how the pictures were obtained from his computer than the fact that he showed them to me and several other employees.  Proof was also entered into evidence that he had viewed material of this nature on Town computers since at least 1999 right up until my complaint in March of 2004. There are many inconsistencies in both the Chief’s and Lieutenant's depositions but that really doesn’t matter now.  What matters is that the truth has finally come out.  Unfortunately, there have been no consequences for the Chief or Lieutenant by four members of the Town's Commission.  A lone Commissioner, Don Osteen, asked that they be fired, and was publicly humiliated at the Town meeting by other Commissioners.  Mr. Osteen is an honest man who truly wants the best for the residents of Sewall's Point.  He wants the town to be a place where people can once again be proud to say they live there. Mr. Osteen wants to make the town of Sewall's Point a place where character counts again. So did I.

   

 Deni Herrmann

 

 



THE FOLLOWING LONG TIME RESIDENTS OF "'THE POINT" DO NOT WANT THEIR NAMES PUBLISHED HERE-IN. WE ASKED.
THE FOLLOWING LETTER BY THEM WRITTEN JUNE 28th, 2006 was sent to each Commissioner. To date, their has been no reply by The mayor.

June 28th, 2006: " Sewall's Point Commissioners", " clerk@sewallspoint.martin.fl.us
                          Subject: Chief of Police

Commissioners,
My wife and I are appalled that some of you do not consider the Chief's actions grounds for termination. The widely held misconception is that Insurance companies settle all lawsuits to avoid protracted and expensive trials. In reality fewer then half of all lawsuits are settled with a payout. Evidence must be present, in the attorney's opinion to warrant a payout. According to the depositions, the chief did have pornography on his computer while on duty. Additionally the Chief appears to rule by intimidation, as outlined in Scott Donlon's deposition. If you can provide evidence contrary to this then please do so. Otherwise, we demand that the 'rules and regulations' of this community be enforced. A plea of no-contest does not absolve the Chief, who should set a high standard for his fellow officers and the community at large. Your personal opinions about how effective or ineffective the chief has been are irrelevant. Your personal opinions on whether one or multiple nude photos constitute grounds for dismissal are irrelevant. No one should be above the law. An interim Chief can be appointed from within the ranks, while a search is conducted. As duly elected officials, one of your duties is to enforce the community's 'rules and regulations', we expect no less.

 

June 28, 06
 

>  
From: Carole Chontos <carolechontos@yahoo.com>
> Date: 2006/06/28 Wed AM 09:16:52 EDT
> To: Mayor Morris, Commissioners

> Subject: Town Meeting – June 27, Town hall
> 
> Mr. Mayor,

Your attack on the Osteen family at the meeting last night was uncalled for.
You seem to have lost control of the ability to be objective. How could you attach Mrs. Osteen as you did?
Did Mr. Osteen ever verbally attack you or your wife? I think not. If you cannot be civil to all board members
then you should step down.

Your actions last night surpassed the poor behavior I watch on the news nightly.
Perhaps in defending the Chief, you have fallen to his level. You might want to be more objective
to who really is the "fringe group". Mr. & Mrs. Osteen deserve an apology from you, a public one. 
 
This type of behavior surely did not put you in office.  The only agenda any commissioner should have is to
represent the people of this Town. From the meetings, I can tell that is not the case with most of the commissioners.

I ask you to think about last night objectively, and ask yourself if your personal feelings are not getting
in the way of your duty to this community.  If you cannot conduct yourself in a more civil manner, then it 
is time for you to resign.
>   
>   Sincerely,
>   
>   Carole Chontos


June 26th, 2006

Note the following from the "Towns" -"Personnel Manual":
page 8, 3.02 harassment Policy:

" If an investigation confirms that harassment has occurred, the Town will take corrective action, including such discipline up to and including immediate termination of employment, as is appropriate.

Hello Commissioners ! By now you should have read the depositions, now due your sworn duty. Thank you.


Letter from a resident to Commissioners.

June 24, 2006

 Sewall's Point Village Commissioners

To all Sewall's Point Commissioners:

 re: Streets & yards that look like junk, some homes in disrepair.  Town Staff that violate Town Policy, Town gets sued! * Welcome to "The Point" !

As a resident of Sewall's Point, I observe in amazement how the elected leadership of our community is failing the wishes of the residents.  The latest disappointment is the failure of the commission to ask for the resignation of the Police Chief.  We've swept the charges against him under the rug by settling with the former employee who was allegedly harassed by the Chief.  This cost us, the residents, over $65,000.00 plus the legal fees?  Hellllllooooooo!  Why is it so difficult to say "Sorry, but you're fired!"

 I guess we don't have a Donald Trump on the commission.

Then we have the restoration of the old Post Office building, which is now OK to be moved to the park area across from town hall?  Less than a year ago, it was suggested that the Arabella house , which would have been donated to the Village be moved to that same location and renovated as a Community Center and/or Yacht Club.  The suggestion, at that time, was to poll residents as to whether they would be willing to donate to the Community Center/Yacht Club in the way of annual dues or some other form of compensation that would pay for the renovation and maintenance.  At the time, the Commission didn't want to ruin the view.  Am I missing something?  Is the Post Office made of glass?  Will the Post Office not ruin the view? And, how will the Post Office building be utilized?

 Finally, here we are back in "hurricane season".  Real estate values are down in Florida, Sewall's Point has an excess inventory of homes available for sale, and the village still looks horrible.  You passed an ordinance to make home owner's responsible for the upkeep of their properties.  Why, in God's name, hasn't this ordinance been enforced?

Finally, there are the flood areas along Sewall's Point Road.  I remember like it was yesterday when we were told that properties were going to be purchased to use as catch basins for storm waters, but the property prices of 150,000.00 for a lot was too much.  Well, here we are 5 years and triple the property prices later and the only thing this Village wanted to purchase property for is to "help the rivers".

 

It's time to stop the petty arguing, the petty power tripping, the pandering and start making decisions.  It seems that no one wants to start running this Village and take charge and responsibility.

Perhaps we should change to a Mayor Council form of government that eliminates a manager and makes the Mayor's position a full time job.

 Yours truly,

 Cynthia Lucas
www.luckycin@adelphia.net

* webmaster edit
 


Sewall's Point to pay $65,000 in sex harassment lawsuit

Palm Beach Post Staff Writer

Tuesday, June 13, 2006

SEWALL'S POINT — A former clerk with the town's police department has dropped a sexual harassment and retaliation lawsuit against the town and its police chief because the town has agreed to pay her $65,000.

Denise Herrmann, 54, said that for months police Chief Larry McCarty ordered her into his office to show her pornography on his computer, including scenes of bestiality and anal sex.

 
L

When Herrmann complained to city officials in April 2004, she said, McCarty yelled at her and created a "hostile work environment." She stopped coming to work Sept. 14, 2004, and was fired the next month.

On Monday, Herrmann called the settlement, reached June 6, a victory.

"It wasn't about the money," she said of filing the lawsuit. "It was just that I was so glad to get this out there."

In depositions taken for the case, two other town employees said they had seen scenes of nudity on the police chief's computer. One worker described a video of a man having sex with a mule.

In his deposition, McCarty, 66, denied having such a video but admitted to showing employees an interactive Internet game in which participants guessed whether pairs of breasts were natural or surgically enhanced. He said he "vaguely" remembered another display, of a topless female gymnast performing a floor routine.

The police chief denied singling out Herrmann to view the material, saying he shared it with other employees, too.

"Most of what we're talking about here are cartoons, jokes," he said in his deposition last month.

McCarty also denied retaliating against Herrmann after she complained to officials.

The police chief declined to discuss the lawsuit Monday, referring questions to his attorney, who did not return calls.

The lawyer who represented the town in the case also was unavailable for comment Monday, though Thomas Baird, who represents the town in other matters, said, "Neither the town nor the chief admits any liability."

Baird said the town's insurance company, which will pay the $65,000, made a "business decision" that settling was less costly than trying the case in court, even if the town and McCarty were exonerated, he said.

In April 2005, the U.S. Equal Employment Opportunity Commission dismissed Herrmann's complaint, saying an investigation could not determine whether the town had violated any laws. Herrmann was undeterred; she sued the town and McCarty in July 2005.

Had the case gone to trial, she would have been unable to accomplish more than she already has: getting the word out, her attorney, Gary Isaacs, said.

"She has made her point," Isaacs said. "Only the town can remove the chief."

Mayor Dan Morris said Monday that such a move was unlikely.

"He's got the full support of the town commission," Morris said of McCarty.

In January, the chief said he planned to retire in about a year. On Monday, he said he planned to step down within five years.

 


 

FROM THE " VIEW COMMENTS " section home page link:

 

Date:   5/22/2006, 5:08 pm, EDT
Name:   Mike Nohejl
Subject:   SHOW ME THE PROOF !!!!! #126
Number:   165
 
I could not condense the "proof" into a short enough format to post to this site, so I asked commissioner Osteen to review the documents. The commissioner can confirm, Simmons not only made mistakes which cost me thousands of dollars, his nit picking over an insignificant single word on a plan postponed my project for nearly 2 months at a cost of nearly $7,000. Simmons "simplification" of codes made some codes even more difficult to understand, so much so , that he had to do a complete reversal, when a written explination was requested, and issued the permit although his assistant declared "HE WILL NOT ALLOW IT !"He was not only wrong, that was rude as well. Another time he flubbed a plan review, which I paid his $400 extra fee for, and then he tried to attack and blame me for not applying for the correct permit. After checking the plans he changed his tone when he discovered his error. Newly elected Commissioner Subin made some very rash and totally incorrect statements about me, and my frequently posting comments critical of the building official to this web site. The webmaster has confirmed that none exist ! Mr. Subins remarks at the 4/17 town meeting were totaly unfounded & inappropriate for a publically elected official at a public meeting. Mayor Morris and Commisssioner Busha where equally incorrect and undignified in their comments at the same meeting. I do not understand their ardent defense of a building official, who inexplicably changed FEMA rules, and cost families their homes. Had Mr. Simmons spent half the time he invested in defending and forgiving the code violation when Bufford Construction built the Mufords house too tall, on helping those effected by his
FEMA changes, maybe those families would still be our neighbors today.
 

 

 

 

 

 

 

Help wanted: Sewall's Point manager, building official

 

SEWALL'S POINT — With the search under way for a new town manager, officials have also started looking for a new building official.

Former Sewall's Point manager James Vardalis worked two months on the job before he resigned in March, and Mayor Dan Morris expressed concerns the manager may have prompted two other unexpected resignations: from the town's building official, Gene Simmons, and the building department clerk, Laura O'Brien.

While the town has recently hired a new clerk, officials still need to fill the other two posts.

Under a $9,500 contract, municipal contractor Colin Baenziger was hired Tuesday to help with the building official search.

Baenziger was also recently hired to aid in the manager selection.

During the commission's April 25 meeting, Morris proposed the help of Baenziger's Wellington-based firm, which is currently working with Stuart officials to find a new city manager.

Morris also suggested changing the part-time position into a full-time job, a move Commissioner Neil Subin supported.

"I think we've gotten an inferior set of candidates in the past because of it being a part-time position," Subin said Tuesday. "I think we're going to attract a higher quality candidate going full-time."

Morris also said changes in the town in the last decade signal a need for a manager's full-time presence.

What used to be a haven for part-time residents and retirees has turned into an exclusive community brimming with young families living here year-round.

"It's a combination of demographics and changes in the town's needs that really convinced" officials they need a full-time manager, Morris said. "We need someone more than a caretaker. There's more of a caretaker type of mentality in part-time manager."

The town is paying $16,500 for the manager search, Baenziger said. A list of candidates is expected in June, he said, with the salary range set at $65,000 to $105,000.


 







 


Saturday, April 29, 2006
 

HENRY LAMB Henry Lamb


Will $3 gasoline be enough?
Posted: April 29, 2006
1:00 a.m. Eastern

By Henry Lamb
 

© 2006 WorldNetDaily.com

A $60 fill-up is certainly enough to get fingers of blame pointing in every direction: Democrats blame Bush; pundits blame "Big Oil"; and consumers blame the powers that be. The real cause of the ridiculously high gasoline prices is generally ignored.

The underlying cause, of course, is the incontrovertible fact that demand has outstripped supply. There's plenty of oil in the world; the problem is that the available oil cannot be extracted and refined into usable gasoline in sufficient quantities to meet the world's demand.

Why? Thirty years of environmental advocacy has produced a majority in the United States who would rather pay $3 per gallon, and even more, than to allow oil to be extracted from the frozen tundra of Alaska, or from the Gulf, or from any other place.

Not a single refinery has been built in the U.S. in 30 years. Arizona Clean Fuels has been trying since 1989 to build a new refinery east of Phoenix. Having finally gotten an initial permit, environmental organizations are gearing up their opposition.

Extremely high gasoline and energy costs are the price society must pay for the environmental protection it has demanded.

Ethanol is not the answer. Increased use of ethanol will help, but it can never replace oil as the primary transportation fuel. An acre of corn produces 160.4 bushels, from which 57.3 gallons of ethanol can be made. Used as E85 (85 percent ethanol, 15 percent gasoline), an acre of land would produce the equivalent of 67.4 gallons of gasoline. The daily gasoline consumption in the U.S. is 320,500,000 gallons.

The entire 73.6 million acres of corn harvested in 2004 would supply only 15.5 days of gasoline replacement. There simply is not enough land available to produce enough corn or other crops for ethanol to make a significant dent in gasoline demand. Moreover, current environmental policy encourages taking agricultural land out of production, not expanding production.

The price at the pump is affected by more than supply. While pundits point to excessive corporate profits and politicians investigate price-gouging, the obvious extraneous costs are overlooked.


 

Federal and state taxes take more than twice the amount retained as profits by the oil companies. Many local communities impose additional taxes. Politicians are not calling for the repeal of these taxes.

Regulatory costs are more difficult to identify. The EPA requires dozens of different gasoline formulations for different parts of the country, and these formulations change with the seasons. These changes are cost-intensive and add to the price at the pump. Clean air regulations at the refinery and other environmental regulations at every step of the production process also add to the price at the pump. These are the requirements society has demanded, and they must be paid by the consumer.

The greatest pressure on price is the burgeoning demand from China and India, and the growing dependence in the U.S. upon foreign oil. As a percentage of total consumption, domestic production has declined steadily for 30 years and currently accounts for only 40 percent. America is importing 60 percent of its oil from foreign sources, many of which are blatantly anti-American. Future generations must, and surely will, develop new energy technologies for transportation. Until these new ideas emerge, constraints on using readily available petroleum resources are driving transportation costs ever higher. Every 1-cent increase at the pump sucks a billion dollars a year out of the U.S. economy, 60 percent of which goes to enrich other countries.

Three-dollars per gallon may not be enough to make an environmentally sensitive majority take another look at the value of keeping the frozen tundra of Alaska and other known oil reserves off limits to production. Finger-pointing and political posturing, however, will do nothing to solve the fundamental problem.

The price at the pump will continue to rise until it reaches a point that forces a realistic assessment of the value of affordable transportation, compared to the value of keeping frozen tundra, wastelands and oceans free from oil production.

People who are suffering because the price of gasoline is so high need to know that their pain is the direct result of those who have prevented the development of the resources that are available. Had the reserves in Alaska and elsewhere been developed when the need was apparent, and had refineries been permitted when they were needed, the supply today would be much closer to meeting the demand in the U.S.

Three dollars per gallon may not be enough. But it is getting close.
 

Henry Lamb is the executive vice president of the Environmental Conservation Organization and chairman of Sovereignty International.

 

From: Dan Morris [mailto:corsaircapital@bellsouth.net]
Sent: Tuesday, April 25, 2006 3:00 PM
To: Pam Busha; 'Tom Bausch'; Don Osteen; Neil Subin
Cc: Clerk
Subject: Proposal from .
Colin Baenziger & Associates:  Town Manager.
 

For distribution to the Public
 

Last week, during the monthly Mayors/Town Managers breakfast meeting, I briefly reviewed Sewall's Point's  recent experience with Town Managers and the imminent resignations in our Building Department.  During this discussion, I was told of the recent experience of Martin County in finding a new Administrator, and the current plans of the City of Stuart to find a new City Manager.  Both Desmond (Duncan) sic, Ballantyne [Martin County]  and Paul Nicoletti [City of Stuart] spoke very highly of their experiences in working with the search firm Colin Baenziger Associates.  I have also spoken with commissioners of the County and City of Stuart who expressed high regard for Colin Baenziger and his firm. 

 Since that meeting, I have spoken at length with Colin Baenziger about his firm's capabilites and track record. I also discussed with Colin Baenziger his firm's approach to finding and selecting candidates which are suited to the specfic needs of his clients.   Mr. Baenziger's  firm has placed successfully a number of municipal and county officials in the State of Florida, and elsewhere, in recent years.   During these discussions, I have provided Mr. Baenziger with background on the Town of Sewall's Point and our recent history regarding Town Managers and the Building Department.  It happens that Mr. Baenziger's firm also has experience in placing Building Officials [see separate attachment]. 

 I have asked Colin Baenziger to submit a proposal to find and assist the Town in hiring a new Town Manager.  That proposal is attached.  I am also sending to you by separate attachment a brochure which describes Colin Baenziger Associates.  Although it is short notice, I have asked Mr. Baenziger to attend the regular Town Meeting this evening to learn more about the Town and to answer questions that yoiu may have regarding this matter.  One of the issues I suggest we discuss is whether it would be appropriate for the Town to move beyond our past practice of part-time Managers and consider instead hiring a full time Town Manager. 

 I look forward to seeing you this evening. 

 Dan Morris

SCROLL DOWN FOR BROCHURE:


Colin Baenziger & Associates

 

About Colin Baenziger

 

 

 

Colin Baenziger is a student of local government and responsible for the executive recruitment function at Colin Baenziger & Associates.  Over the years, he has worked with a number of cities on recruitments and on management, operational and organizational issues.  In his efforts, he focuses on the positive and on satisfying the client’s needs.  As a former manager and as someone who actively consults with local governments, he understands what it takes to do the manager’s job and to do it effectively.  He also understands the complexities and stresses the every manager lives under. 

 

Over the past three years, his firm has successfully completed more city / county / special district manager level searches for Florida governments than any other firm. 

 

Mr. Baenziger has a Master's Degree with Distinction in Public Administration from Cornell University's Graduate School of Management and a Bachelor of Arts degree from Carleton College.

 Governmental Consultants……Expertise in Management and  Problem Solving   

  E-Mail:  Colin@cb-asso.com

 

Executive Search…

 Selecting the Right People…

 The key to any organization’s success is selecting the right people for its key positions.  Good people will make a bad system work, but the reverse is not true.  CB&A will assist your organization by:

 

  • Finding the best candidates for your organization,
  • Screening the candidates so you will choose only from the best,
  • Conducting complete and thorough background checks,

·         Coordinating the interview process,   Advising during the selection and negotiating process, and     Following-up afterwards to make certain the relationship between the City and the Candidate is a strong one.

 Other Services:  .         Operations Reviews     Human Resources Studies   Financial Analysis     Strategic Planning   Information Systems     Special Projects  

 What Set’s Us Apart Is, we are results oriented but also…Sensitive to our client’s needsInnovative in satisfying the client’s   requirement,We are extremely
                                  
Guarantees:  Our guarantees are the best in the businessWe are not done until you, the Client, is satisfied.No matter how long
                                   or no cost  i
f the candidate leaves within two years.

Ultimately what sets us apart is our success.  Everyone of our searches has been successful.  In the last three years, three of our clients have passed resolutions thanking us for the outstanding work we did for them.

Some of our clients…

 

Executive Search…

  • City of Cottonwood Heights
  • Monroe County
  • Nassau County
  • Brevard County
  • Barefoot Bay Recreation District
  • Village of Bay Harbor Islands
  • City of Destin
  • City of Doral
  • Florida Keys Aqueduct Authority
  • Town of Highland Beach
  • Town of Jupiter Island
  • Islamorada, Village of Islands
  • Town of Lake Park
  • Town of Lantana
  • City of Lake Worth
  • Town of Manalapan
  • Town of Mangonia Park
  • City of Miami Gardens
  • Northern Palm Beach Improvement District
  • Village of North Palm Beach
  • City of Palm Beach Gardens
  • Village of Palmetto Bay
  • City of Palm Bay
  • City of Tamarac
  • City of West Palm Beach
  • City of West Park

 

Operational Reviews/Special Projects…

  • Broward Partnership for the Homeless
  • Florida Association of Special Districts
  • Hispanic Unity of South Florida
  • Palm Beach County Water Utilities
  • City of Stuart

 

 


 

 

 12 pages of minutes as prepared by the Town Clerk, from original tapes. Please note pages "9" thru "10", Agenda item, #9 "new Business", a, "Building department". The writer believes that several passages attacking an e-mail transmittal to a Commissioner are un-called for. The Commissioner was asked by the resident e-mailer to forward to all Commissioners a copy of his transmital. The Comm. did so and was attacked by the Mayor for doing so and also for posting to this web site himself. Neither the mayor, nor any other Commissioner, has any " given right", as sitting Commissioner, to attack another, for posting to a public forum, be it a newspaper or electronic information media such as this web site. Attack on your own time and dime, not the taxpayers. The "personal insults" comment from the Mayor which attacked both  a sitting Commissioner and a resident were uncalled for. The Mayor apparently unaware that the "Permit Princess", Laura, (building dept, sect.) places on her desk, a placard stating same! I.e., proudly displayed. In this writers humble opinion the e-mailer has plenty to be upset about. Top of page # 10; Comm. Subin's comments about the "frequent poster poster to the alternative website an ardent critic of Gene Simmons". We applaud the e-mailer for having the courage to "post" with his name. There are many "ardent critics" who would love to use their name but are still "in project". We would hardly consider 2 post to the website "frequent".

Town of Sewall's Point, Florida Minutes of Meeting Apri117,2006:

Present: Mayor E. Daniel Morris, Vice Mayor Pamela M. Busha, Commissioner Thomas P. Bausch, Commissioner Don Osteen, Commissioner Neil Subin, Town Attorney Thomas Baird, Town Clerk Joan Barrow, Police Chief Larry McCarty, Building Official Gene Simmons and about eighteen residents.

 

1. Call to Order - Mayor Morris called the meeting to order at 7:03 PM and led the Pledge of Allegiance. The Town Clerk called the roll.

MOTION: made by Commissioner Bausch, seconded by Commissioner Osteen, APPROVING THE AGENDA WITH THE ADDITION OF A NEW ITEM 7, REPORT OF JON CHICKY REGARDING THE ANDREWS' PROPERTY.

In favor: Bausch, Busha, Osteen, Subin, Morris

Opposed: None

 

2. Announcements:

a. Mayor Morris reported that the Town Commission had been invited to participate in a joint meeting with the County Commission which will be televised on Channel 20. He added that if there are no objections that he would work on scheduling the meeting. Mayor Morris said he thought such a meeting would be beneficial, at least on an annual basis, to discuss issues of mutual concern.

b. Mayor Morris noted that County officials, local mayors and managers traditionally meet for breakfast and discussion once a month. He said he intended to participate and noted that these get-togethers have proven to be beneficial in the past.

 

3. Comments from the public on topics not on the agenda:

a. Ella Ford said she had confidence in the Commission and was not questioning the recent decision that was made regarding James Vardalis. Mrs. Ford added that she did, however, have questions about the "wrong contract" being signed and had made several public records requests to get information about this matter. Mrs. Ford said she learned that on 1/10/06 the first contract, with no provision for the 90 day probation period, was approved and on 1/17/06 the final contract, which included the 90 day probation, was approved. Attorney Roselli's office sent the new contract, with the probation period included, to the Town Hall on 1/18/06, she added, and on 1/19/06 Ms. Roselli had a conference call with Acting-Town Manager Hugh Williams regarding the new contract, establishing receipt of the contract at Town Hall. The "wrong contract" was then signed by James Vardalis on 1/23/06, by Mayor Baron on 1/24106, and by Attorney Roselli on 2/24/06, therefore, "three people signed this contract but nobody read it and I find that inexcusable." Mrs. Ford noted that a 3/27/06 memo trom the Roselli law firm states that Ms. Roselli believed that further negotiations must have occurred but "that's impossible because this Commission cannot change all that without a meeting, and she would have had to have been aware ofit, so had she read the contract and had any question, and she should have, she was very negligent in not calling the town hall and saying 'when did you all make this change.'" Mrs. Ford suggested that the cost incurred by the Town, approximately $20,000, should be somehow be "taken up by the law firm" and recommended that the Commission negotiate with the attorneys to either pay all or half, if half ofthe problem was


 

 

[TSP, 4/1 7/06 Minutes]

the Town's, or "retain a different law firm to represent us and guide us properly."

Mayor Morris thanked Mrs. Ford for her comments and recalled that the Commission learned last month that neither the former Town Manager nor the former Mayor read the contract they signed. Mayor Morris added that he was still looking into the matter but "there is not a lot more that can be said tonight."

Town Attorney Baird said that Mrs. Ford had made a number of incorrect statements, i.e., Ms. Roselli did read the contract and she did draft the contract at the Commission's direction. After the contract was signed by Mr. Vardalis and then Mayor Baron it was sent to the law firm and "Mr. Vardalis told Ms. Roselli that that was the contract that had been executed by the parties and that she should sign it." Mr. Baird said that Ms. Roselli believed that some further discussions had taken place and she executed the contract. It was not out of negligence that she executed it, "she did her job and our firm did its job, there is no negligence involved here." He added that "what transpired between Mr. Vardalis and Mr. Baron and whomever else" is not known but it is incorrect to suggest that Ms. Roselli signed the contract out of negligence.

Mayor Morris recalled that prior Town Commissions had a record of inconsistent communications with the Town Attorney, and among themselves, and with the Town Managers. There had been a number of misunderstandings and miscommunications aside from this one, he pointed out, and this would not be the first time the Town Attorney was "caught unawares by something the Town had done, or a Commissioner or a Town Manager had done." The Mayor stated that he was not trying to absolve blame but there is a record ofmiscommuniations in the past that needs to be looked into because this is a matter of concern.

-2­

4. Comments from Commissioners on topics not on the agenda:

a. Commissioner Bausch said that Friday's Easter Egg Hunt was a big success. He estimated that about two hundred children attended.

b. Commissioner Subin said he had given a lot of thought to "staffing issues and a path forward." He noted that it appears "some elements are missing organizationally." The Employee Manual and Ordinances provide certain tasks for various Town Hall staff and management, he stated, "but I think we need to do a better job in defining, even though it's a small organization, some sort of an organizational structure in which different staff members have direct reports" and that tasks are clearly defined for each staff member. The Police Department has its own structure, he pointed out, but "we need to clearly define that as we re-build the staff in Town Hall" Commissioner Subin added that a lot of anecdotal comments are heard about the Town Hall staff and their interaction with the public and "I think we need to do better than the anecdotal, and I think really in order to do that we need to set clear objectives for our people both individually and collectively, and I think we have a responsibility to review, on a regular basis, how our staff members are doing, individually and collectively, against those objectives." Commissioner Subin defined the objectives as customer service, economics, timeliness, i.e., the kinds of things that a good organization tracks. He

concluded that one way to get a good measure of "how we're performing" is to have some sort of

random customer service check to see how people are being treated and how well staffis performing "on a more scientific basis." Commissioner Subin said that he recently had occasion to watch some interaction between a member ofthe Police Department and a citizen. The police officer was doing his job in a friendly way and was trying to assist the citizen in complying with some Town codes, however, the citizen lashed out in an outrageous, vulgar and threatening way. Commissioner Subin


 

[TSP, 4/17/06 Minutes]                                                                                                             -3­

said that experience lead him to conclude that some of the anecdotes that the Commission hears are "complaints from citizens who have been told 'no. 'It The point, he noted, is that a better job needs to be done of "measuring things in a scientific way as we work to re-structure town hall."

c. Mayor Morris called attention to a "highly erroneous article" about the Town that was recently published in the Palm Beach Post. He explained that the article was a column by Glenn Henderson, "who has written very negative stories about Sewall's Point in the past." Mayor Morris reported that he had written a letter in response, however, the east declined to publish it, but they did print a partial retraction. The Mayor noted that copies of his letter are available from the Town Clerk.

d. Mayor Morris said that the subject of background checks on new employees recently came up and he asked Chief McCarty if one had been done on James Vardalis. The Mayor said Chief McCarty told him that he had been asked to do such a check and had prepared a file "but for some reason only two Commissioners, Commissioner Bausch and Mayor Baron, saw the file." None of the other Commissioner at that time were aware of or saw the file. The Mayor added that he was not clear why it was not more fully distributed but that he had talked to former Mayor Baron who said that Hugh Williams had been asked to distribute the information but apparently had not done so. The Mayor added that Mr. Williams was "apparently anxious to see a Town Manager be hired" though "I don't know ifthat was the case or not." In any event, three Commissioners did not see it and it is not known exactly why that happened. Mayor Morris recalled that there was a split vote when Mr. Vardalis was hired. The Mayor added that there are "a number of things about Mr. Vardalis that I've learned about in recent weeks that raise some serious questions about him and about his role in what he did when he was here at Town Hall."

e. Mayor Morris reported that a letter was received from a resident with complaints about the Police

Department and an "alleged coverup that was taking place in this allegation as well." The Mayor said that immediately after receiving the letter he spoke to ChiefMcCarty who in turn contacted the Martin County Sheriff s Department to begin an internal affairs investigation. Mayor Morris stated that "it appears that the facts at this present time are quite different from the allegations, however, we don't have the written report yet." The Mayor said he would make the report public when it is complete and described himself as "quite concerned about this matter" because a resident made allegations about the Police Department and Chief McCarty. Mayor Morris concluded that the matter had been thoroughly investigated and more will be heard about it in the future."

 

5. Public Hearings & Presentations:

a. Ordinance # 321, Changing the Time of Commission Meetings to the Fourth Tuesday, second reading - Town Attorney Baird read the ordinance, by title, for a second reading. MOTION: made by Commissioner Bausch, seconded by Commissioner Subin, APPROVING ORDINANCE # 321 ON SECOND READING.

In favor: Bausch, Busha, Osteen, Sub in, Morris

Opposed: None

b. Dock Variance Request of William J. and Lori A. Morrow, 24 South Sewall's Point Road­Building Official Simmons noted that the date oftonight's meeting had changed three times and the Morrows had been required to send out notices to adjacent neighbors three times. The last notice did not meet the 15 day requirement, he reported.

Attorney Baird advised that the hearing can proceed but if anyone were to challenge the 15 day requirement then it is the applicant who would be at risk. He stated that notice provisions are


 

[TSP, 4/17/06 Minutes]                                                                                                              -4­

construed by the courts as jurisdictional, meaning they cannot be waived, so if someone wanted to defeat this dock pennit they could argue that they did not receive notice within 15 days and they could possibly prevail on appeal. Building Official Simmons explained that the dock was denied because it does not meet setback requirements. There is an existing 95' dock, he noted, and the proposed dock jogs to the southern

riparian line and then extends 211'. Mr. Simmons added that he understood the Department of Environmental Protection asked for this configuration due to sea grasses in the area in front ofthe existing dock.

In response to a question from Commissioner Bausch, Mrs. Morrow said the existing dock was re­built in 2004, after the hurricanes, exactly as it was originally. The extension, she explained, was requested by the previous owner of the property, Villa, and was pennitted by the DEP. Mrs. Morrow added that the Villa plans were revised to be more "environmentally confonning" and she was "surprised when the setback issue came up because we thought we were historically grand fathering what was already there. "

Bruce Jerner identified himself as the consultant for the Morrows. He told the Commission that he had worked on the pennit for Mr. Villa to extend the dock in 2001. At that time the neighbor to the south provided a setback waiver for the configuration. Mr. J erner noted that the only change since then is that the proposed dock is narrower. He explained that the State can require a dock to be sited and designed to avoid and minimize impacts to resources. Mr. Jerner added that he tried to find out why the State required the jog but never got an explanation.

Commissioner Bausch said he was concerned that the State is "telling you to do something without telling you why." Ifthere was an opportunity to re-direct this, he observed, then the setback problem would be solved.

Mr. Jerner agreed. He said the Morrows wanted to build the dock straight out but when the project was reviewed in 2000-2001 the State wanted the existing configuration maintained "and now we're simply adding onto that dock to work out to suitable water depth."

Mrs. Morrow noted that the current extension request is the" same extension that the previous owner had." She added that she did not understand why the DEP made those requirements "but we feel like it's a historical grand fathered issue and we would have loved to have had our dock straight out because I'm losing 40' of water by having to have that jog that's already in place." She continued that to go out and jog back to the left resembles a puzzle or a maze. Mrs. Morrow stated that "we never even considered that option" because the Villas already had an existing dock extension in place and "I simply was looking to modify it and transfer it to the Morrows' name in accordance with the DEP." There was no discussion about the option to jog back and forth. Mrs. Morrow concluded that "we just felt that we were in compliance with DEP, State and Federal and we thought this was just a formality when we came to Sewall's Point the first time" as it does not further encroach on the neighbor to the south at all, "we are side by side next to the Galinas dock, their dock being 50' out

further than ours, so we are not further encroaching to the south, we are extending what is already there. "

Commissioner Bausch noted that the Code specifies 50' between docks but in this case there is only 36'.

Mr. Jerner pointed out that the 36' is existing, it is not something that is proposed.

Mrs. Morrow noted that when the dock was re-built in 2004, after the hurricane, "we came in and asked at that time 'would we be able to make a change on the dock configuration so that we weren't


 

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encroaching' and I was specifically told that I had to re-build that dock exactly the way it was and I was permitted by Sewall's Point to do that and I guess I'm trying to understand what would we have been expected to do differently when we were told we had to re-build this current, existing encroached dock because it makes no sense that I would want to build it back that way and I was told I had to."

Building Official Simmons recalled that after the hurricane DEP issued an emergency order that said people could re-build damaged docks, without goil1g back to DEP, but they had to be built exactly as they were originally permitted. Mr. Simmons said he "went back to the old files and if they had a dock permit that showed actual engineering, actual layout of the dock, I permitted it and told people 'you're allowed to re-build but it's got to be re-built exactly like the original pennit', that's all I said." Mr. Simmons added that if someone wants to exacerbate a non-conformity then that is another issue. The Morrows want to add to a non-conformity, he stated. The neighbor to the south, Galinas, objects that the dock is too close to the riparian line. Mr. Simmons explained that the other neighbor was notified but has not responded.

Attorney Baird explained that the Commission is considering an appeal of the Building Official's denial of the permit and ifthe Commission wishes to overturn the denial there are three criteria that must be evaluated: (1) the applicant has demonstrates that the dock meets the standards and criteria enumerated in the Code and the Building Department was in error in denying the permit; (2) the applicant demonstrates an extreme hardship which justifies the variance; and (3) the Commission

determines that any objection from upland riparian property owners is without substantial merit. If the Commission makes those three findings then it can overturn the Building Official's decision, otherwise his decision would stand.

Commissioner Osteen asked what this would do to Galinas in the future.

Building Official Simmons replied that Galinas will need a variance because he will not meet the setbacks.

Commissioner Osteen observed that "we could be looking at a deeper problem down the road." Building Official Simmons agreed.

MOTION: made by Commissioned Subin, TO APPROVE THE MORROW DOCK VARIANCE REQUEST.

THE MOTION DIED FOR LACK OF A SECOND.

Commissioner Bausch said he would like a better determination from DEP regarding the location ofthe extension because it seems like "reasonable people would allow an adjustment in the direction so that it would conform with the Town's ordinance." He added that he was not satisfied with the DEP's response to the applicant's request. Commissioner Bausch said he wondered if it was based on opinion or fact because it does not seem fair to the applicant, Le., "we should be able to solve both problems with a little investigation."

Attorney Baird noted the applicant can pursue that, however, what is before the Commission is an

application and an appeal.

Mr. Jernertold the Commission that he understood that Town ordinances have been patterned mostly after State criteria, however, the State allows four exceptions for riparian setbacks that are not contained in the Town Code. Mr. Jerner noted the exceptions: (1) a 10' setback is allowed for a marginal dock; (2) a grand fathered structure is allowed to maintain an encroachment if it was constructed prior to 1984 when the rules were enacted; (3) an encroachment is allowed when "a neighboring property waives his 25' setback" and (4) an encroachment is allowed when a dock or


 

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structure is perceived to be in a more suitable location within that encroachment. The Town is, therefore, not following State criteria regarding exceptions to setback requirements.

Mayor Morris thanked Mr. Jemer for his comments but noted the Commission is bound by the ordinances currently in effect.

MOTION: made by Commissioner Subin, seconded by Vice Mayor Busha, TO DENY THE MORROW REQUEST.

In favor: Bausch, Busha, Osteen, Subin, Morris

Opposed: None

 

6. Consent Agenda:

. a. Approval of Minutes, 3/21/06 regular meeting, 3/21/06 organizational meeting, 3/27/06

special meeting

.           b. Approval of Financial Reports

.           c. Approval of Disbursements

.           d. Approval of Resignation Letters ITom Gene Simmons dated 3/16/06 and 4/5/06

Mayor Morris read the items on the consent agenda. He proposed that the Building Official's request for unused vacation days and other items be approved.

MOTION: made by Commissioner Subin, seconded by Vice Mayor Busha, APPROVING THE ITEMS ON THE CONSENT AGENDA.

In favor: Bausch, Busha, Osteen, Subin, Morris

Opposed: None

 

7. Andrews/Arbela Property - Jon Chicky told the Commission that he had made several telephone calls inquiring about the old house on the property and learned that it was added to the Florida Master Site File list in 1997. This means the house cannot be moved, destroyed or altered without Commission approval. Mr. Chicky referred to Chapter 30 of the Town Code which addresses historic structures. He said he intended to contact the heir about the next step, which is to put the house on the Federal Register. Mr. Chicky discussed the history ofthe structure and noted the property has been in the Andrews family since 1893. Mr. Chicky concluded that it is good to know that the Commission does have the ability to save the house.

Mayor Morris and Commissioner Subin thanked Mr. Chicky for his investigative work. Commissioner Osteen wondered how this will affect the sale of the property.

Mr. Chicky said he did not think it would affect the sale. He reiterated that "the house is only protected through the Commission."

 

8. Old Business:

a. Update on Tree Grant - Vice Mayor Busha reported that the Department of Forestry is urging the Town to take the full amount of the grant which is $115,055 . The Town would have to come up with a 25% in-kind match which could probably be done with a lot of work that has already been done regarding tree preservation, maintenance and plantings. The Department has agreed verbally to "allow us to move the money around," she noted, but the majority ofthe money is currently in education funds. Sewall's Point is one of the only municipalities in the County that applied for the education money, the others are getting money for trees, which is what the Town wants, she observed. The Vice Mayor added that the Department of Forestry is aware of this. She proposed


 

[TSP, 4/17/06 Minutes]                                                                                                             -7­

that she meet with the grant writer, John Harris, to try and set up another proposal, for the State to approve, that would provide more trees for rights-of-way and parks and less education. The Vice Mayor said she was looking for Commission input.

Mayor Morris estimated the Town's required match would be about $30,000. He observed that most grants come with "lots of red tape plus money for the consultants."

Commissioner Subin said he would be happy ifthe Town could get these funds "unencumbered by red tape and promises to consultants." He added tha.t he would support proceeding, with the proviso that a substantial amount, more than 85%, be allocated for trees and not for education and consultants.

Commissioner Bausch expressed reservations about the grant. He noted that $6,000 has already been paid to the consultant and "$30,000 can buy a lot of trees that we can get guarantees on." Commissioner Bausch added that he understood there is a maintenance portion to the grant that requires the Town to maintain the trees and if they die "we have to replace them."

Vice Mayor Busha explained that one of the grants, Grant # 2, the tree giveaway and educational grant, may have contained such a requirement.

Commissioner Bausch suggested that "we walk away from this and use the $30,000 on our own." Vice Mayor Busha said the Town could probably walk away from it, however, a Memorandum of

Agreement was signed in November, and proposals from Earth Advisors were signed in July 2005. All this was done through the Town Manager's office, she noted, none of them came to the Commission. The Vice Mayor said she had identified some $21 ,000 in expenses this fiscal year that maybe credited to the Town's match. In addition, she said that expenses back to October 2004 may be eligible, plus hours spent by employees may be eligible. It is possible, therefore, that "we could walk away from this thing without spending anything out of our pocket."

Commissioner Subin observed that if it is the Commission's intent to spend $30,000 on trees and there is a way to re-negotiate this arrangement in order to parlay that $30,000 into, and get a credit for $21,000, then it's hard to find a reason to reject it. If what was spent so far cannot be used as an in kind credit towards the match, and the Town cannot negotiate it onto "our terms," then he suggested it be rejected.

Mayor Morris wondered about follow up.

Vice Mayor Busha replied that the follow up would be done by Earth Advisors who will be taking their fee out of the actual grant. They will prepare the program, the tree planting and the location of the trees. The Vice Mayor added that she believed there is a requirement that some sort of professional has to manage it.

Mayor Morris summarized the consensus, i.e., authorizing Vice Mayor Busha to meet with John Harris of Earth Advisors and to continue negotiations regarding the grant.

Don Gleichman asked if the $21,000 could be recouped if the decision is made to walk away from the grant.

Vice Mayor Busha explained that $21,000 is what the Town has already spent on tree-related work which might be credited towards the match.

b. Underground Utility Consortium - Commissioner Bausch noted that this proposal was discussed at a prior meeting (a copy of the Town of Palm Beach's 2/22/06 letter is attached.) Mayor Morris recalled that at its last meeting the Commission agreed to allocate $50,000 for an FPL engineering study regarding underground utilities.

Frank Fender reported that the committee is in the process of drafting a letter of under standing with


 

[TSP, 4/17 /06 Minutes]                                                                                                            -8­

FPL relating to the preparation of detailed engineering drawings for under grounding utilities. He noted that one committee member is a utility attorney and he is getting copies of previous agreements between municipalities and FPL. In addition, the Town of Jupiter Island has agreed to provide a copy oftheir agreement. Mr. Fender added that nothing will be submitted until it is given to the Commission for review. Mr. Fender noted that the consortium is a "good thing" separate and apart from the underground design. The consortium is a legal initiative, he noted. About fifteen municipalities that were impacted by Frances, Jeanne and Wilma were invited to participate, he stated, and the letter referenced earlier contains the names of the towns plus their population and taxable value. Mr. Fender observed that "banding together sends a message to Tallahassee that we need to take a closer look at under grounding our electrical infrastructure." He estimated that the Sewall's Point contribution to the consortium would be $850.

In response to a question from Mayor Morris, Mr. Fender explained that the consortium would conduct a study which would result in evidence that could be presented to the Public Service Commission regarding life cycle costs of underground infrastructure including maintenance, reliability, etc.

Commissioner Subin asked about the pro rata share.

Mr. Fender replied that he did not know the amount, but suggested it be capped. He also suggested the Town could offer its support as a "good neighbor" type endorsement.

Commissioner Subin wondered if the activities of the consortium would be limited to this study. Mr. Fender said he did not know.

Commissioner Subin expressed concern about joining a group comprised of others with different agendas "yet our name is associated with it." He added that "once you're in, it's tough to get out." Commissioner Subin concluded that it seems "regardless ofwhat we do, the benefit will inure to us anyway."

Mr. Fender agreed but noted the neighborly thing would be to show support.

In response to a question from Mr. Subin, Mr. Fender replied that the Town of Palm Beach and the Town of Jupiter Island are currently members of the consortium and there may be others. He summarized the situation, i.e., the Town was asked by the Town of Palm Beach to join a consortium

and the data is being presented to the Commission with the caveat "don't get in over your head, if you want to make a contribution to say 'we're on board.' you should do it, but cap it so they don't get the idea that you're an equal partner unless of course you want to be, but that's just not where my head's at."

Mayor Morris thanked Mr. Fender and the committee members for their efforts. The Mayor added that he considered the Commission's decision to commit $50,000 for the study a good one. He added that he shared Commissioner Subin's reservations about joining groups that may have other agendas and/or interests.

Commissioner Bausch said he thought the position has to be taken that more participants are needed. He suggested the Town join the consortium with a cap. Commissioner Bausch concluded it would be in the Town's best interest to be a "player" in this.

Commissioner Subin reiterated that his concern is not economics, it is being part of a coalition with no control. The consortium's goals or objective may change, he pointed out. Commissioner Subin added that he thought the Town was currently doing a good job on this.

Mayor Morris asked if Mr. Fender or the committee needed anything else.

Mr. Fender replied that the committee appreciates the Commission's support. He noted that the


 

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overriding concept is how to communicate with Tallahassee or the PSC that "we feel like FPL has got a monopoly, is charging us a large amount of money that we think is probably higher than it should be, and what's going to happen with this 25% rebate that they are dangling out there as a carrot." Mr. Fender stated that perhaps the issue is finding a way of communicating the Town's need, and the easy way to do that was to join the consortium, but it could be done by a resolution or something else.

 

9. New Business:

a. Building Department - Mayor Morris said he wished to discuss the Town Manager's position first. He reported that he had discussed this matter with Jupiter Island and Martin County officials as well as the Town Attorney. The Mayor added that he did not expect an immediate decision on this but it is a priority. He discussed Robert Bartolotta, who formerly served as Town Manager for the Town ofJupiter. Mr. Barolotta has an interesting background and has been invited to visit Town Hall and attend a Commission meeting, the mayor stated.

Mayor Morris reported that Building Official Simmons and Building Clerk Laura O'Brien have submitted their resignations but have agreed to stay until the end of the month to aid in the transition process, and this is appreciated. The Mayor said he conconsidered the resignations "highly unfortunate, particularly at this time, but there has been a very vocal minority, including one Commissioner sitting her tonight, who has strong views to the contrary, and the individuals, the Town employees, have basically decided they have had enough." Mayor Morris reported on discussions with an inspection engineering company, with officials from the Town ofJupiter Island and with Martin County officials. The Mayor said he learned that there is a "substantial void" to fill in the Building Department even though Sewall's Point is mostly built out and is not a fast growing town, there are approximately 144 open lots. He stated that there are "at the moment in the range of 500 to 600 open permits in this Town" and they have to be tracked. The number may be high due to the hurricanes, he said. In addition, there are Statutory requirements that must be maintained, including the new Florida Building Code. Mayor Morris estimated there are 12 to 15 houses currently under construction, plus some large additions. He pointed out that "permits are required for virtually anything to do with the changes of a house or property," some fall under the Building Code and some are unique to Sewall's Point. The Mayor advised that 4 to 10 new permit applications are received every day and "it is the objective of the Building Department, I believe, to turn around these building permit applications within two days." Mayor Morris described the work load as "fairly substantial" and the file system as "quite extensive." The problem, he observed, and the reason the burden is heavy, is that there are large number of Town ordinances that are unique to Sewall's Point. One of those has to do with the Comprehensive Plan, the Mayor said, and requires that any encroachment on a property must be cured before any permit is issued for any work of any kind. He described Jupiter Island and Martin County officials as "incredulous that we have such a requirement." It is also rather unique that the Town gets involved in riparian measurements and rights. Mayor Morris noted that "permits issued in violation of any ordinances are a major error by the Town and cannot be done." He observed that this is a burden on the Building Department as well as residents, and represents something the Commission needs to take a fresh look at, with the goal of simplification. The Mayor cited the "min-max" requirement as an example of something that needs to be studied. He added that he tried to work out an arrangement with Jupiter Island but they were "surprised at the work load" and concluded that they would not be able to help out. Mayor


 

[TSP, 4/17/06 Minutes]                                                                                                              -10­

then talked to the Martin County Building Official, Larry Massing, and the County is prepared to help Sewall's Point on an interim basis, for a few months, with plan review, building official and inspection, with Building Inspector Phil Wintercorn working through them. The County does not want to attempt to master Town ordinances, the Mayor stated, but Town Engineer Joe Capra's finn will provide site plan review, when needed, and then applications will go to the County for plan review. and pennitting. That is the interim solution that makes the most sense, he concluded. The Town will be seeking a Building Official, he noted. If the Town Commission wishes to go in the

direction outlined then residents will need to be infonned, probably in a letter, that the level of service will be different and slower. Mayor Morris concluded that he wanted to be very careful about hiring a Building Official and a Town Manager.

Commissioner Subin observed that in order to streamline the process the Commission needs to look at Town Codes regardless of the outcome of the job search. He suggested the need for unifonnity with like communities. Commissioner Subin added that he had some concerns about coordination and communication but was supportive of the Mayor's proposal as an interim solution.

Commissioner Bausch expressed support for the arrangement proposed by the Mayor.

Vice Mayor Busha asked about extra charges.

Mayor Morris reported that the County has agreed to provide this service at no charge. The Town will pay CAPTEC for the services it renders.

Vice Mayor Busha pointed out that the Building Official also acts as the Flood Plain Administrator and Public Works Official plus there are various reports that need to be completed so "we will have to figure out how those will be done."

Mayor Morris agreed that those are additional concerns that need to be addressed.

Vice Mayor Busha added that she thought "we're going to have to figure out how we're going to protect staffin the future against attacks by the public, unjustified attacks by the public" because "we can't afford to lose top level employees when someone doesn't get what they want." She observed that the Building Official must follow State laws and Town Codes.

Mayor Morris referred to a document that had been distributed to the Commission, a set of e-mails critical of the Building Department, that were exchanged with Commissioner Osteen. The Mayor described the e-mails as "hannful" containing "personal insults" and added that he thought all Town employees deserve respect and support. Concerns about employees not doing the job should come to the Commission, he stated.

Vice Mayor Busha said that she had been asked if she had convinced Building Official Simmons to stay. She stated that she had never attempted to convince him to stay because "he is too good of an individual, too good of a building official to be subjected to this type of abuse" although she would have liked him to stay. She tenned his resignation "unfortunate for all residents of this Town."

Commissioner Osteen read the entire e-mail exchange in which Michael Nohejl complained about the way he was treated by Building Official Simmons (a copy of which is attached.)

Vice Mayor Busha said she talked to Mr. Simmons about the complaint. She pointed out that the Town Hall does not open until 8: AM and Mr. Nohejl came in at 7:45 AM when the Building Official was on the telephone. Mr. Simmons advised that he answered Mr. Nohejl's questions when he finished his telephone call. Vice Mayor Busha noted that during her two years as Building Commissioner she received very few complaints.


 

[TSP, 4/17/06 Minutes]                                                                                                              -10­

then talked to the Martin County Building Official, Larry Massing, and the County is prepared to help Sewall's Point on an interim basis, for a few months, with plan review, building official and inspection, with Building Inspector Phil Wintercorn working through them. The County does not want to attempt to master Town ordinances, the Mayor stated, but Town Engineer Joe Capra's finn will provide site plan review, when needed, and then applications will go to the County for plan review. and pennitting. That is the interim solution that makes the most sense, he concluded. The Town will be seeking a Building Official, he noted. If the Town Commission wishes to go in the

direction outlined then residents will need to be infonned, probably in a letter, that the level of service will be different and slower. Mayor Morris concluded that he wanted to be very careful about hiring a Building Official and a Town Manager.

Commissioner Subin observed that in order to streamline the process the Commission needs to look at Town Codes regardless of the outcome of the job search. He suggested the need for unifonnity with like communities. Commissioner Subin added that he had some concerns about coordination and communication but was supportive of the Mayor's proposal as an interim solution.

Commissioner Bausch expressed support for the arrangement proposed by the Mayor.

Vice Mayor Busha asked about extra charges.

Mayor Morris reported that the County has agreed to provide this service at no charge. The Town will pay CAPTEC for the services it renders.

Vice Mayor Busha pointed out that the Building Official also acts as the Flood Plain Administrator and Public Works Official plus there are various reports that need to be completed so "we will have to figure out how those will be done."

Mayor Morris agreed that those are additional concerns that need to be addressed.

Vice Mayor Busha added that she thought "we're going to have to figure out how we're going to protect staffin the future against attacks by the public, unjustified attacks by the public" because "we can't afford to lose top level employees when someone doesn't get what they want." She observed that the Building Official must follow State laws and Town Codes.

Mayor Morris referred to a document that had been distributed to the Commission, a set of e-mails critical of the Building Department, that were exchanged with Commissioner Osteen. The Mayor described the e-mails as "harmful" containing "personal insults" and added that he thought all Town employees deserve respect and support. Concerns about employees not doing the job should come to the Commission, he stated.

Vice Mayor Busha said that she had been asked if she had convinced Building Official Simmons to stay. She stated that she had never attempted to convince him to stay because "he is too good of an individual, too good of a building official to be subjected to this type of abuse" although she would have liked him to stay. She tenned his resignation "unfortunate for all residents of this Town."

Commissioner Osteen read the entire e-mail exchange in which Michael Nohejl complained about the way he was treated by Building Official Simmons (a copy of which is attached.)

Vice Mayor Busha said she talked to Mr. Simmons about the complaint. She pointed out that the Town Hall does not open until 8: AM and Mr. Nohejl came in at 7:45 AM when the Building Official was on the telephone. Mr. Simmons advised that he answered Mr. Nohejl's questions when he finished his telephone call. Vice Mayor Busha noted that during her two years as Building Commissioner she received very few complaints.


 

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Commissioner Subin pointed out that Mr. Nohejl is a frequent poster to the alternative website and an "ardent critic" of Gene Simmons. In view of this, one cannot expect Gene Simmons "who has been forced out of office," to be friendly to someone who has attacked him repeatedly. Commissioner Osteen said that he had forwarded this e-mail to all Commissioners, along with his response, for a specific reason.

Commissioner Subin said he did not agree with Commissioner Osteen's comment that the Building Official's treatment of Mr. Nohejl is typical ofwh,at most residents see.

Mayor Morris observed that Commissioner Osteen appears to be the only Commissioner who posts to the website in question..

Paul Schoppe told the Commission that he felt exactly the opposite ofthe opinion expressed by the writer of the e-mail. He thanked Building Official Simmons for his help and concluded that most people support him as opposed to the minority who seem to have a "freshman attitude." Dr. Schoppe told the Commission that he considered the goal of simplifying Codes very worthy. He cited the 9' elevation requirement as an example of a "silly rule" that needs to be changed.

b. Local Planning Agency - Mayor Morris reported that he been made aware of attendance and quorum problems with the LP A and was, therefore, proposing that the Commission act as the Local Planning Agency. He said he had discussed this with Town Attorney Baird and learned that other cities have done this successfully. The State requires that municipalities have a LP A to update and review their comprehensive plans. Sewall's Point, being fairly built-out has needs for a Comprehensive Plan that are quite different than county or Stuart, he noted.

Attorney Baird explained that an elected Commission acting as a Local Planning Agency was specifically contemplated by the Florida Legislature. It was written into the legislation partly because it was recognized that not all cities in Florida are large cities and there are many cities in rural counties that do not have enough residents to serve on both boards. This is not confined to small jurisdictions, he stated, for example, the Palm Beach County Commission acts as the Local Planning Agency for Palm Beach County. The decision to blend the two boards is a Commission decision, he noted, as to what is best for the community. In addition there is an economic factor in that administrative costs including staff time are reduced.

Commissioner Subin said he understood the idea of blending the LP A into the Commission but added that it is always helpful to have "another set of eyes" to look at things, particularly the Comprehensive Plan. There have been attendance problems with the Town's LP A though, he acknowledged and this proposal is worth considering. Commissioner Subin added that if there is a determination that there ought to be a separate LP A then the Commission should provide guidance and give it the work it is required to do by Statute. Previous Commissions have not been good about providing those tasks to the LP A. He stated that his previous position on the LP A made him aware that the Comprehensive Plan needs work and needs to be amended. It needs to be reviewed by "competent counsel" and it is imperative that it be reviewed to make sure it in compliance with State law and steps need to be taken to bring it into compliance. Commissioner Subin concluded that whatever happens, the Commission needs to focus on the LP A and ensure that it meets Statutory requirements. He described his feelings about blending the two boards as "mixed."

Mayor Morris asked Commissioner Subin about the "encroachment issue" referred to earlier regarding plan reviews.

Commissioner Subin replied that he had not focused on that issue prior to tonight but described it as a "double edged sword."


 

[TSP, 4/17/06 Minutes]                                                                                                             -12­

Vice Mayor Busha said she did not know where the encroachment issue is addressed in the Comprehensive Plan.

Building Official Simmons stated that non-conforming use is addressed. There is a sentence in that chapter that "we have to address non-conformities" and there is "a statement that kind of refers to structures. "

In response to a question from the Vice Mayor, Mr. Simmons said he did not know which chapter contains the requirement. He stated that "the way J was told when I first came here, by the prior Building Official and by the Mayor at the time, Mayor Wienke, that the Comprehensive Plan created an element that forced the Town to look at all these non-conformities which are encroachments to setback areas." The policy at the time, he added, was to do this through the plan review process so "when I first took over here they looked at all encroachments" which meant if someone was going to add on to a dock "they looked at your house and if your house was 2" into a setback you had to get a variance to abate this encroachment on the house." Mr. Simmons said that when he became Building Official that he went to the Commission and told them he "considered this a little bit extreme" because addressing non-conformities is one thing but "let's only address them if they're going to be changing or adding to that non-conformity and portions of the structure that have the non-conformity, and the Commission agreed." Mr. Simmons explained that if someone wants to add to a house with an encroachment that he requires a variance prior to issuing a building permit. The two ways of correcting a non-conformity are through abatement or variances, he explained and "that's how all this came about and it's how it's in the Comprehensive Plan."

Commissioner Subin said he was hearing something slightly different, Le., the Comprehensive Plan requires that non-conformities be addressed, and there is a policy that has been put into place away trom the Comprehensive Plan of how you do it, and that's distinct.

Building Official Simmons suggested that the Comprehensive Plan needs to better define non­conformities to either clarify that "you're not going to address this stuff during plan review processes that's a policy..."

Commissioner Subin said he understood Mr. Simmons was saying if one is trying to improve an element that is non-conforming, that is where the policy leads you to enforce and address, but if there is a conforming structure with an adjacent or non-conforming structure on the same site "you don't even look at the non-conforming."

Mr. Simmons agreed.

Mayor Morris noted this needs some attention as there appears to be some ambiguous language. In addition, the flood ordinance needs attention to give homeowners flexibility.

Vice Mayor Busha said she agreed with Commissioner Subin about the importance of another set of eyes. The LP A does need direction, she noted, but the board has actually done a lot of work over the years, including amending several Elements of the Plan and completing a recreational survey. Currently work is progressing on amending the Capital Improvement Element and other elements. Vice Mayor Busha suggested that "the one the Building Official is having trouble with", should be referred to the LP A. She noted that an Evaluation and Appraisal Report will be due at some point where each Element will have to be reviewed and updated. It is not easy to amend the Plan, she pointed out, but it is outdated and needs a lot 0 f work. The LP A can also be assigned other tasks, she observed.

Commissioner Subin reiterated his prior suggestion that the Commission assign tasks to the LP A and "hold them to a schedule."


 

[TSP, 4/17 /06 Minutes]                                                                                                             -13­

Commissioner Bausch agreed that the Commission needs to set priorities, etc. for the LP A. He also expressed agreement with Commissioner Subin's comment that a different set of eyes is helpful. Attorney Baird explained that the sole responsibility ofthe LP A is the Comprehensive Plan" as land development regulations may relate to and implement the Plan."

Commissioner Subin recalled that the LP A recently reviewed a subdivision and he understood this was because the Town has no specific development review committee.

Attorney Baird replied that some municipalities will establish a planning and zoning board and it may have different tasks including advisory recommendations to the Commission on site plans as well as recommendations on variances and final order variances. It may also serve as the local planning agency. Many jurisdictions have set up their planning and zoning commissions in that way, however, the functions of a local planning agency are specific to Comprehensive Planning and the functions set forth in Chapter 163, Part 2, as to what they can and can't do. It does not mean that a particular board might not have another function, it just would not be doing it within the confines ofthe Statutory provisions.

Mayor Morris suggested that this discussion be continued at the next meeting.

c. Drug Testing/Background Checks on New Employees - Commissioner Osteen said he had just received a memorandum on this subject from Chief McCarty and asked for time to review it with the Chief and Town Attorney.

Chief McCarty told the Commission that to establish a drug-free workplace is "a little complex." He noted that currently all police officers are tested but it may not be cost effective for all employees. Commissioner Osteen said he would continue working on this.

 

Commissioner Bausch suggested the schedule of summer meetings be discussed. Mayor Morris proposed that this be deferred until the next meeting.

 

There being no further business, the meeting was adjourned at 9:35 PM.


 

1
SUNDAY, APRIL 23,06 

FROM the 2004 elections;  SOME ISSUES NEVER CHANGE! NEW MAYOR CONTINUES IN THAT TRADITION
                                                    TO BAD!
THE FOLLOWING WAS A CANDIDATE INFO PIECE PREPARED BY THE CANDIDATE'S CAMPAIGN.

"12 Reasons to Vote for Stan Merkin for Sewall’s Point Town Commissioner"
 

1.     Stan is very concerned about how people feel about the police and City Hall. Many people feel that Sewall’s Point is a “police state” where the rules are arbitrary. This feeling came about partially because of the actions of the previous commissioners. Stan will address these issues through ordinance changes and attitude adjustment.

2.     Although Stan is a political neophyte when it comes to elected office, having been successful in two large corporations, he has demonstrated an understanding of politics and how to negotiate.

3.     Stan does not have preconceived ideas about issues facing the town e.g. the airport and flooding. He will listen to all sides before developing a position.

4.     Stan will work to make everyone feel a part of the city. He does not have allegiance to any group in town. His only concern is the overall welfare of the Sewall’s Point.

5.     Stan will be available through e-mail and phone to listen to citizen concerns.

6.     Stan’s technical and information system expertise will be an asset on the commission.

7.     Stan will do everything in his power to insure there is never even a hint of impropriety in the commissioners’ actions

8.     Stan is semi-retired and will be able to devote a significant amount of his  time to citizen concerns

9.     Stan will not support the town getting into any long term debt.

10. Stan will make Town Hall an enjoyable place to visit and work.

11. If you’re not happy with how the town is currently being run and its perceived image by the Stuart area residents, vote for Stan. He will fix it. The other two candidates do not seem to have a problem with either of these issues.

12. Stan thinks a friendly town is more than the commissioners getting along at town meetings. It involves every interaction with your neighbors and city government. Everyone should see the police and the rest of Town Hall as their friends, not their adversaries.






 

  F.Y.I. 

Monday:4/10:

Re-call e-mail sent to website: clk on
http://www.communitynewspapers.com/2006/redland/
for story. This web-site not sponsoring or calling for re-call, viewers are talking about it. Click on "View":B.O. Simmons staying on seems is the issue. Please note viewing instructions for this site. Try it, your screen will "View" easier, our's does.

For the Mayor/Commissioners: Given the current situation at Town hall please consider employing the same directive issued to Town hall employees (staff) at the June 14, 05 Town meeting: "
  1. Appoint a Town Hall Coordinator in the absence of the Town Manager.

    "It was agreed that the Town Clerk will act in this capacity."

     The Town Clerk was put in charge of running Town hall and that all staff would be in the Town Clerks charge.

    Town Mgr. Jim McMahon was going to be absent from Town hall for approx. 2 weeks. refer to Towns website @ www.sewallspoint.org clk on "Agenda & Minutes", clk on 2005, clk on June 14, 05 minutes".

    It would seem to be in the Towns best interest to exercise that option. As far as we can determine that "order" is still in effetc. All the mayor has to do is re-introduce it" or acknowledge it's existence?

 STAFF PAYROLL :

FY 2005/06 BUDGET

 

DATE

SALARY

SICK

HOLIDAY

FICA

HEALTH

LTD

LIFE

DENTAL

WORKER'S

RETIREMENT

TOTAL

 A. GENERAL GOV'T B.

OF

 

LEAVE

PAY

 

INSURANCE &

INSURANCE

INSURANCE

INSURANCE

COMPEN.

PLAN

POSITION

 POLICE DEPT.

HIRE

 

INCENTIVE

 

 

VISION REIM.

 

 

 

INSURANCE

 

COST

 r own Mgr McMahon

6/1/04

51,332

480

0

3,927

9,602

363

294

470

277

7,700

74,445

 Town Cle Barrow

9/18178

68,047

480

0

5,243

6,606

463

294

470

277

10,207

92,087

 Bldg. Off. Simmons

9/24/01

78,168

480

0

6,017

9,602

478

294

470

5,300

11,725

112,534

 Bldg. Clk. O'Brien

10/1/03

36,050

480

0

2,795

12,612

246

294

470

277

5,408

58,632

 Bldg.lnsWintercom

1/5/04

14,352

0

0

1,098

0

0

0

0

5,300

0

20,750

 Maint. Man Torres

1/18/87

35,886

480

0

2,782

12,612

245

294

470

3,589

5,383

61,741

 Maint. Man Ritacco

6/1/04

26,481

480

0

2,063

12,762

175

294

470

3,589

3,973

50,287

 TOTAL GENERAL GOVERNMENT

310,316

2,880

0

23,925

63,796

1,970

1,764

2,820

18,609

44,396

470,476

 Chief McCarty

4/5/84

68,965

480

0

5,313

12,462

469

294

470

3,301

10,345

102,099

 l.isa London-PT

2/24/05

16,675

0

0

1,276

0

0

0

0

277

0

18,228

 Incentive

 

8,500

0

0

650

0

0

0

0

0

1,275

10,425

 U. Ciechanowski

8/3/89