DontWasteOurMoney

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

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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

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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

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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.

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                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.

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(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.

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(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:

By Jason Schultz

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?

" Definitions of 'recuse'

(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.

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.  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?
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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.