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June 4, 09

Thank You Frank Fender for your efforts:
scroll down for
news article w/photo:

The following represent a series of e mails between Frank Fender SPT & Schef Wright

----- Original Message -----
Sent: Thursday, June 04, 2009 9:01 PM
Subject: FW: RE: Request re: Using Stimulus Funding for UG Projects

 

FYI… clarifications I received from Schef regarding the FPL settlement are in the email below… and the pertinent FPL settlement docs are attached along with info on the stimulus bill and a ledger of all the money collected and spent by MUUC in this effort with/against FPL.

 

<<Memo-UG Settlement.June04.doc>> <<P.B. Post Article on UG Settlement 060409.pdf>> <<Stipulation & Settlement.V2.1.June04.pdf>> <<Stimulus Bill Section Pertinent to UG Conversion.pdf>> <<MUUC Ledger.June04.xls>>

Kind Regards,

Frank Fender

3 Oakwood Drive

OpenScape: +1-561-923-7447

 

-----Original Message-----

From: Schef Wright [mailto:swright@yvlaw.net]

Sent: Thursday, June 04, 2009 8:07 PM

To: Fender, Frank (SEN US)

Subject: RE: RE: Request re: Using Stimulus Funding for UG Projects

Hi Frank -  My responses are interlineated below in ALL CAPS.  All the best,  Schef 

>>> "Fender, Frank (SEN US)" <frank.fender@siemens-enterprise.com>

06/04/09 7:43 PM >>>

Hi Schef:

A couple questions from a distant observer (as of late):

1. Did FPL agree to waive their obstruction, as you requested below, of our ability to apply federal and state funds as part of your settlement

deal?  I thought I heard they had but wanted to re-confirm.

 

YES.  SEE PARAGRAPH 7 OF THE STIPULATION AND COMPARE IT TO THE LANGUAGE

IN THE CORRESPONDING PARA. 1.e ON TARIFF SHEET 9.725, WHICH IS IN THE

ATTACHMENT. 

2. What happens after 2013?  Are we all back to square one (the UG price

reduction disappears) or does this agreement/pricing structure stick

forever?  What is our risk of getting hit with the higher fees of a

couple years ago after 2013?

 

AFTER 2013, ABSENT ADDITIONAL ACTION BY FPL, THE PSC, OR OTHER AFFECTED

CUSTOMERS/APPLICANTS, THE UG TARIFFS WILL CONTINUE IN EFFECT AS THEY

WILL BE UPON APPROVAL OF THE SETTLEMENT AND ALL OF THE NEW TARIFF SHEETS

THAT FPL MUST MAKE UNDER THE SETTLEMENT AGREEMENT.  IN OTHER WORDS, IT'S

AN EXAMPLE OF INERTIA - THE TARIFFS STAY IN EFFECT UNTIL AND UNLESS

CHANGED BY THE PSC. 

THE SIGNIFICANCE OF THE 1/1/2013 DATE IS THAT NEITHER THE MUUC, NOR THE

INDIVIDUAL TOWNS, NOR FPL CAN INITIATE ANY ACTION TO CHANGE THE RATES,

CHARGES, CREDITS, ETC. THAT ARE TO BE APPROVED PURSUANT TO THE OVERALL

SETTLEMENT. 

REGARDING THE RISK OF HIGHER CHARGES, I HAVE TO SAY THAT THAT DEPENDS

ON HURRICANE EXPERIENCE BETWEEN NOW AND THEN.  IF WE HAVE NO MORE

STORMS, THERE'S SOME RISK THAT THE CREDITS MIGHT BE REDUCED, RESULTING

IN HIGHER NET CHARGES, BUT IT WE DO HAVE MORE STORMS, THERE'S A CHANCE

THAT THE NET CHARGES MIGHT BE REDUCED TO PROMOTE MORE UNDERGROUNDING.

 

3. How, in your estimate, does your settlement by the MUUC affect/apply to municipalities like Sewall's Point who have not been the good

participating MUUC members that I would have hoped them to be?  Are we excluded from the tenants and outlined pricing structure defined by the

settlement or do we, by default along with all Municipalities, fall within the context of what you have so diligently hammered out?

 

THE TRUTH IS THAT SEWALL'S POINT, AND EVERY OTHER MUNICIPALITY IN FPL'S

SERVICE AREA, WILL GET ALL OF THE BENEFITS OF THE MUUC'S EFFORTS. IT'S

A CLASSIC CASE OF "FREE RIDERS" GETTING THE BENEFIT OF A "PUBLIC GOOD"

THAT IS AVAILABLE TO ALL REGARDLESS WHETHER THEY PAID FOR IT.

 

Kind Regards,

Frank Fender

3 Oakwood Drive

Sewall's Point, FL

OpenScape: +1-561-923-7447


 


-----Original Message-----

STIMULUS FUNDING FOR UNDERGROUND UTILITY INSTALLATION ?

From: Schef Wright [mailto:swright@yvlaw.net]

Sent: Thursday, June 04, 2009 7:27 PM

To: Fender, Frank (SEN US)

Subject: Fwd: RE: Request re: Using Stimulus Funding for UG Projects

Hey Frank -  Here's some more info on Stimulus Bill funding for UG. I'm looking for more, and I'm supposed to be on the mailing list from the

guy who's handling the energy-related funding in Governor Crist's office, but I haven't received anything from him lately.  All the

best,

Schef 

>>> Schef Wright 05/10/09 11:17 PM >>>

Dear John - 

This message responds to your questions regarding our request that FPL agree that cities and towns that receive federal stimulus funding under

the American Recovery and Reinvestment Act of 2009 (ARRA) can also get the full GAF credit from FPL. 

First, at least 4 of the MUUC's members are pursuing the availability of ARRA funding for their projects: Palm Beach, Jupiter Inlet Colony,

Coconut Creek, and Flagler Beach.  As you know Jupiter Inlet Colony is on the verge of beginning the project to convert all of its utility

facilities to underground; the Town has paid for FPL's Binding Cost Estimate and expects to receive that estimate within a few weeks.

Coconut Creek is pursuing several projects at present, including the City's Phase II OH to UG conversion project on Lyons Road from Hilton Rd

to the Sawgrass Expressway, for which the City has already paid for FPL to prepare the Binding Cost Estimate/ Design work (paid $7,578.00 on

12/14/08).  Coconut Creek is also planning additional conversion projects for which it intends to seek ARRA funding; City personnel have

previously communicated with FPL regarding these projects, but generally they include additional stretches of Lyons Road, the City's planned Main

Street development area, and the City's "Education Corridor," that being a part of Coconut Creek Parkway between the Turnpike and Banks Road.

Palm Beach is continuing to work toward its planned project to convert of the OH utility facilities in the entire Town to UG service.  The City

of Flagler Beach specifically intends to seek ARRA funding for its ongoing undergrounding projects, components of which have already been

completed.

Second, personnel of these municipalities have contacted their U.S.Representatives' and/or Senators' offices, and I have contacted the

person responsible for coordinating the State's activities under the ARRA in Governor Crist's office.  From those contacts and

communications, we believe that undergrounding conversion projects may qualify under the State Energy Program, and specifically under the

provisions of that program that encourage economic development. 

Additionally, we believe that these undergrounding projects should qualify for support through the "Electricity Delivery and Energy

Reliability" program, which makes available $4.5 Billion for expenses for electricity delivery and energy reliability, including enhancing the

reliability of energy infrastructure and facilitating recovery from disruptions to the energy supply.  We believe that undergrounding is

well within the scope of these purposes of the Electricity Delivery and Energy Reliability program. 

These are specific projects that these specific municipalities have under development or in the planning stages.  I also bellieve that

additional municipalities are contemplating UG conversion projects and intend to seek ARRA funding.  Accordingly, I would ask again that FPL

consider a broader agreement that ARRA funding will not disqualify or otherwise limit a Florida municipality's ability to receive the GAF

credit.  I believe that this is the correct public policy position for FPL to take, because it would allow Florida cities and towns to avail

themselves of available federal funding during the current economic conditions, and also because the GAF credit specifically represents the

value to FPL and its general body of customers of having the OH facilities converted to underground, and thus I believe that there is no

reasonable basis for the limitation in FPL's tariff. Thanks again for your consideration.  I'll appreciate a response as

soon as possible, because, as I indicated in my earlier e-mail, I believe that elected officials and senior management of several of the

MUUC's members intend to communicate directly with FPL senior management if we cannot resolve this issue at our level.

 

All the best,  Schef 

Robert Scheffel "Schef" Wright

Young van Assenderp, P.A.

225 South Adams Street, Suite 200

Tallahassee, Florida 32301

Telephone 850/222-7206

Facsimile   850/561-6834

Cell            850/933-2016

e-mail: swright@yvlaw.net
 

>>> "Butler, John" <John.Butler@fpl.com> 04/16/09 6:25 PM >>>

Schef, this is in response to your April 6, 2009 e-mail below. You have indicated that several of MUUC's members are hoping to obtain

funding under the American Recovery and Reinvestment Act of 2009 ("ARRA") to financially support efforts to convert overhead facilities

to underground.  In conjunction with that representation, you have asked FPL to agree that if local governments receive ARRA funding for these

conversions that they would still be entitled to the full GAF or ASRC credit, notwithstanding the provision in the subject tariff requiring

the applicant for the GAF waiver to attest to the fact that "there are no state or federal funds available to the Local Government Applicant to

cover any portion of the cost of the Conversion." FPL cannot opine in the abstract that, notwithstanding the tariff

provision that you cite, a project receiving ARRA funding would qualify for the full GAF or ASRC credit.  Moreover, from FPL's perspective, it

is not at all clear that there is any application under ARRA to the type of project or conversion addressed in your e-mail.  If you could point

out for us the ARRA provision or program that you believe would apply here, we would be happy to review and consider same.  Further, if a MUUC

member or one of your other clients has an actual project in mind that they believe would qualify for ARRA and actively intend to seek ARRA

funding for it, we will be more than happy to review and address that situation with all of the relevant information in hand.

I will look forward to hearing from you so that we may proceed accordingly.

Best regards, John



 

-----Original Message-----

From: Schef Wright [mailto:swright@yvlaw.net]

Sent: Monday, April 06, 2009 1:15 PM

To: Butler, John

Subject: Request re: Using Stimulus Funding for UG Projects


 

Dear John *

In the present circumstances of tight government funding and the recession, several of the MUUC's members are hopeful of obtaining

funding to support their undergrounding through the federal economic stimulus programs under the American Recovery and Reinvestment Act of

2009.  It occurs to me that this could prove problematic if FPL were to attempt to enforce its tariff provisions that require Local Government

Applicants to certify that no other federal or state funding is available to support the undergrounding project.  Thus, I write to you

today to ask that FPL agree, in some mutually agreeable and acceptable way, that Local Government Applicants that get federal stimulus funding

can still get the full GAF or ASRC credit.

Per our previous informal agreement, I'm forwarding this request to you via e-mail in hopes of getting a quick response.  If FPL is going to

oppose this request, I believe that several of our elected officials will want to communicate this request directly to FPL senior management

in an effort to persuade them that our position is reasonable and

appropriate.  If those efforts fail, we would likely take the issue to the PSC.  Thanks for your prompt attention to this.  Hope all is well with you

and yours.

All the best,  Schef 




 
Sewall's Pt. resident Frank Fender
has worked long and hard on this issue. Someday Sewall's Point might enjoy the benefits of an overhead
    environment on South Sewall's Point Rd. The benefits :
Ever wonder why when your power goes out you can usually pick up the
phone & make a call?
Something like 75%of At&T's lines are underground! The writer knows a little about this stuff. Was a contractor trencher for
NJ Bell & Jersey  Central Power & Light digging trench for Levitt Town projects to bury electric & phone in common trench.
Also sold underground
 trenching equipment.

 





tried skate boarding on new  Fake Stuff :  Fake side walks, clk here clk "slide show"
Hiring Goldstein-Scarpola-Fetterman< PIA's. nice ti have "Super lawyer" in the Point! aka 'The Mark".

 








Hope they use simple elegant plantings for the Homewood Hole - we pics of another area


Waiting On fake sidewalk material to arrive.

Feb 09

Sewall’s Point family dodged N.Y. plane crash

Oct. 11, 2008

Palm Beach Post: Sewall's Point couple pleads guilty to federal fraud charges

June 3, 2008

re: Signs & other junk:

Tuesday, June 03, 2008

 Signs, Junk Yards & garbage

To: Town Manager, Building Official & Code Enforcement
cc: Mayor Subin, Commissioners

Subject: The deteriorating appearance of Sewall’s Point. The following is a post to the website www.sewallspointer.org.  – “Post Comments” link.



The following are photos on my way home from east Ocean to Middle Rd.
The attached photos of illegal signage are just three of many. What’s illegal about these three?

 1. They all violate the set back or "right of way" conditions for placing "commercial" signs.

2. Only "one" sign allowed. More on that later.

 The ordinance that allows "Commercial" signage is bizarre to begin with. It should never have been written!

Sec. 74-35. Temporary construction signs.

Temporary construction signs are permitted provided that:

(1)   The signs are placed only after a building permit has been issued for the property, and removed within five days after a certificate of occupancy is issued for the property, or after the building permit has expired, whichever occurs first.

(2)   Signs shall be professionally lettered and black and white in color only.

(3)   No more than one sign shall be permitted per property.

(Ord. No. 266, 2-29-2000)

Secs. 74-36--74-50. Reserved


Lets start with "temporary" one on my street has been up for two years! Whats temporary about that? Finaly it's down (last week). The out house remains. 

 "Seagate Const." after the C.O on East High Point. i.e Disney house.

 Photos are attached where of I speak.

 Last I knew the days out prior to garbage pick up was changed from 72 hrs. to 48 hrs.

 That’s still puts garbage on our streets 6 days a week!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 Next time you send a “News Letter” please ask the residents of High Point not to put their garbage or trash out till the day of pick up. COLLECTION DOESN’T GET TO HIGH POINT TILL NOON OR LATER!

 I don’t know who writer # 946 is but who ever it is expresses the sentiments of every one I know in Sewall’s Point.

 Please get rid off garbage trucks racing up & down our streets 3 days a week!

 Pleas get rid of thre illegal signage and please get rif off commercial & contractor signs periord!

 Contractors signs on their vehicles that all!

 I speak for most everyone I know in Sewall’s Point. The Commissioners speak for us. Please speak up!

 With Kind Regards

 Don Gleichman
8 Middle Rd. High Point

 P.s. While I’m at it. The plantings at Town hall are an improvement over the dead stuff that used to be, but, given that they are in front of our Town hall should reflect some uniformity not a scramble. I have several photos of restrained yet attractive plantings; I will share with you another time.

 


In with the new out with the old. April 2008


Last Meeting for Comm. Tom Bausch (second from left), Pam Busha Mayor & Dan Morris far right.)


The departed. Comm. Morris & Former Mayor, Pam Busha Commissioner & current former Mayor. & Commissioner Tom Bausch*
For the most part a job well done, (keyword most part).  Far right: New Mayor Subin gets the Key to the Mayors chair? * Rumor has it that
Mrs Bausch very upset with new plants at Town Hall. "To much color not boring"?


New Commissioners seated. Jaqui T. Lippisch (nee Thurlow, realtor), Mark Klingensmith (noted defense attorney rides a HOG))
carry over Comm. Neil Subin (private investor-swordfisherman)  newly appointed Mayor, Don Osteen, carry over Comm. (managing partner East
Coast Lumber, Stuart  & Ft. Pierce, mud bogger, i.e. BIG TRUCK), new Comm. Paul Schoppe (podiatrickian? aka foot Doc. likes to volunteer for stuff), recently hired Town Atty. Toricelli "
Town attorney is Torcivia, not Toricelli – he was the NJ senator crook" & Town Clerk Anna-Marie Basler. Former Comm. Bausch
far left seated. All volunteers save for Town Mgr. Kellog far left (hero:" Jimmy Carter" on his app. ) and Town Atty. far right. >P.S. Jimmy Peanuts
scheduled to meet with Hamas leaders : "
Some Carter critics called the latest reports typical of the ex-president.“It’s about par for the course from President Carter, demonstrating a lack of judgment typical of what
 he does," said John Bolton, former U.S. Ambassador to the United Nations. "To go to Syria to visit Hamas at this point is just an ill-timed, ill-advised decision on his part.“I’m not surprised that Carter would do this, as he has been
supporting Palestinian extremism for many years,” said Steve Emerson, director of the Investigative Project on Terrorism, a watchdog group. Carter last democrat your writer voted for, thought peanut farming was a small business. Hey,
 we all make mistakes!


New Comm. Paul Schoppe, Jaqui Thurlow Lippisch & Mark Klingensmith, swearing in.
"That is a riot, where did you get her Grad. picture?"                                                                                                       Slips-Falls-Bites, any kind"


Attorney ! Wendy (Mrs.) Klingensmith (also rides a HOG! not MK, a V - Rod Harley!),    "Hells Angels" seen at Swearing in. Oh no 2 more attorneys!
Town Attorney
 Torcivia advising newly seated
Commissioner MK (attorney) how to avoid Sunshine Law. Also says look I'm pretty new at this so don't get to mad when I bust you a big bil
at months end, i.e. "disbursements - Town atty.". " I gotta research a lot of stuff, oops sorry "have to". Writer says we need full
representation, " a used car salesman"!


Old Guard out? hey we almost did the "Round a Bouts". The former Mayor Wienke said " a done deal" CPAC said ununh!
Scroll down for minutes of MPO meeting denying the Points round a bouts. All well intentioned but not the peoples choice as purported to be
by then Mayor Winer (far end). Foreground the affable Michael Busha, Executive Director of the  Treasure Coast Planners (?) sorry Michael I forgot.
Next ex Mayor Pam, next the lovely Ella Ford, pondering the Charter change victory, still mad., vote 2 to 1 in favor. Far right former Comm. Mayor
Winer chief architect of the A1A double round a bout corridor for Pointers and Chief volunteer for the Point, ponders "what could have been".
 Also a director MAACO Auto Body repair shops. (just kidding)

"No Opinion" Please read the following: ROUNDA A BOUTS ISSUE PUT TO BED BY MPO. READ THE MINUTES BELOW:

FROM Monday July 16, 2001 9:00 A.M.


Sunday, March 9, 08

        The "Points" premiere real estate company, most Point sales by far, asked the writer; "what are the candidates positions on round a bouts on A1A?"
              The writer asked all the candidates, their answers below. For those that lived here in 2001 how could one forget? How could you not have an opinion?
              We provide all with the MPO minutes denying the round a bout request. Posting that link here later for all to read. JTL has not responded.
              The realtors question was very real as part of his property would have been taken by FDOT, as well as Bank of America's. All of the business
              owners at Harbor Bay Plaza and their landlord were against the plan as well. MPO minutes; Roundabouts


HomeContact UsSite IndexSearch

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HOME-> GOVT-> MINUTES-> FY 2000/2001-> METROPOLITAN PLANNING ORGANIZATION->

MINUTES OF THE MARTIN COUNTY - SCROLL DOWN TO 9A FOR ROUNDABOUTS (webwriter)

METROPOLITAN PLANNING ORGANIZATION

Monday July 16, 2001 9:00 A.M.

HELD IN THE COMMISSION MEETING ROOM  2401 SE MONTEREY ROAD, STUART, FL 34996

MARTIN COUNTY METROPOLITAN PLANNING ORGANIZATION MEMBERS

Elmira R. Gainey, Chair- Martin County Commissioner

Karl Krueger, Vice-Chair - City of Stuart Commissioner

Doug Smith - Martin County Commissioner

Lee Weberman - Martin County Commissioner

Michael DiTerlizzi- Martin County Commissioner

Gene C. Rifkin - Mayor, City Of Stuart

      

Members Not in Attendance:

Robert Wienke, Mayor - Town of Sewall's Point ( really mad mayor, was on vacation in Italy) This was his "done deal", missed the
                                       meeting! Then Town Attorney Tim Wright went on to express the Mayors anger at the podium in defense of the
                                       round a bouts.

Staff Present:

Sivani Kantamneni, MPO Coordinator Tamara L. Pake - Programs Assistant Gary Roberts, Transportation Administrator

Don Donaldson, Director, Public Services

Others in Attendance:

Stacey Miller, FDOT Larry Hymowitz, FDOT Larry Merritt, FDOT, Rebecca Rivett, FDOT,Paul Lampley, FDOT

Mary-Tery Vilches, FDOT, Chuck Deeb, Consultant HJ Ross & Associates

*Indicates a Motion    **Indicates a Vote   ***Indicates for the Record  ****Indicates BCC Motion

 

   1.   CALL TO ORDER - Called to Order at 9:00 am.

   2.   PRAYER  Prayer offering provided by Reverend Amanda Howard

   3.   PLEDGE OF ALLEGIANCE

   4.   ROLL CALL - A quorum was present.

   5. APPROVE AGENDA

Commissioner Weberman said he would like staff to finish the research concerning the airport and then give presentations to the City of Stuart, Town of Sewall's Point and the Board of County Commissioners before bringing it back to the MPO. The Chair asked Commissioner Weberman to note supplemental agenda item 9B-1, where it is being recommended that the MPO delay this item, and asked that we discuss this item at that time. Commissioner Weberman concurred.

*   Commissioner   Smith moved to approve the agenda. Commissioner Krueger seconded.
     ** The vote was unanimous.

6.   MINUTES

*   Commissioner Krueger moved to approve the minutes. Mayor Rifkin seconded.

**   The vote was unanimous.

7. PUBLIC COMMENTS - NON AGENDA ITEMS - PLEASE LIMIT YOUR COMMENTS TO THREE MINUTES.

   There were no comments from the public on non-agenda items.

CONSENT ITEMS

8A.   FUTURE AGENDA ITEMS

   MEMO:   mpo01a.075

   Commissioner Weberman asked staff what the issue is, in regard to GreenRiver Parkway and the Western Corridor. Mr. Roberts said it is for joint participation between the two counties, letting them know the status of the two projects within Martin County, and any coordination that we may need with St. Lucie County. Commissioner Weberman asked if this was a joint meeting of the two boards. Mr. Roberts answered yes.

   In response to Commissioner DiTerlizzi, Ms. Kantamneni said the September 20th meeting is a special meeting being held at *1:30 p.m. on Thursday in the Martin County Commission Chambers.

   Secretaries Correction: The Joint MPO/SLC meeting is to be held at *1:00 p.m.

   The Chair directed staff to advertise the time and date of the joint meeting with St. Lucie County.

    *   Commissioner DiTerlizzi moved to endorse the Future Agenda Items. Mayor Rifkin seconded.

**   The vote was unanimous.
 


AGENDA ITEMS

9A.   TOWN OF Sewall's POINT ROUNDABOUTS

   MEMO   mpo01a.066

   Ms. Kantamneni gave an overview of the Sewall's Point Roundabouts project.

   The Chair asked Ms. Stacey Miller to explain the proposed plans and provide comments on the turn areas and the trees.

   Ms. Stacey Miller, Project Manager FDOT, gave a run down on the project.

   The Chair said that someone coming from the side of Stuart, going east, can turn left into Harbour Bay. Ms. Miller said that is correct.

   Commissioner Smith asked if a person can turn right coming out of Harbour Bay. Ms. Miller said yes, Harbour Bay still has access points on River Road and Sewall's Point Road that have not been modified, so those two are still functional for entering and exiting, but the only way to exit onto SR A1A would be to make a right, and then utilize the roundabouts to U-turn and come back eastbound.

   Commissioner Weberman said the partial variance is still a change from what was presented to the shopping center back in 1998, where they were basically told they were going to have no changes to their access, you're now just giving them a partial. Ms. Miller asked, in 1998 at the charrette? Mr. Weberman said whatever, it is a changeover from what the residents were presented. Ms. Miller said it is her understanding, from the plans she has seen from the Town of Sewall's Point, they were provided with a left turn access into Harbour Bay Plaza at that charrette, so it is consistent with the plan presented by the Town to the Department regarding the access. Commissioner Weberman said, but you're changing the left turn out of the shopping center. Ms. Miller said her understanding is, as part of the charrette plan, it did not show left turn access out of Harbour Bay Plaza. Commissioner Weberman said, but it is a change over the existing conditions. Ms. Miller said it is a change over the existing conditions which is a 5-lane section, in that location, without a median.

   Secretaries Note: The usage of etc. is used by the Speaker, and not included at the discretion of the transcriber.

   Commissioner Weberman asked what the justification was for the roundabout at River Road; are there accidents, is there an accident history, I need a better understanding of why the roundabout was put in at River Road. Ms. Miller said the justifications for the roundabouts, after the Town of Sewall's Point Charrette and the Town presented that proposal to the Department, went through the process of Justification Report. The Justification Report takes in different factors, safety, level of service, current traffic movement, etc. The Justification Report states that level of service increases by 2 levels by utilizing a roundabout, as opposed to a signalized intersection at River Road.

   Commissioner Weberman asked if there is any pressing accident history that requires the roundabout at River Road. Ms. Miller asked, pressing accident history? Commissioner Weberman asked if there are conflicts. Ms. Miller said there are always conflicts, because it's an intersection, and if it has stop condition, it has conflicts. There are accidents at that particular intersection; is it excessive, no, it is not excessive.

   Commissioner Weberman asked Ms. Miller to explain the mid-crosswalk. Ms. Miller said the Town of Sewall's Point requested the Department provide a signalized mid-block crossing, because of the nature of roundabouts there is no signalization within this corridor, although you have crosswalks in every direction at each intersection.

       Commissioner Weberman asked if anyone has done an estimate of the actual number of people that will cross at that crosswalk. Ms. Miller said they have very minimal numbers regarding pedestrian activity in the Town.

   Commissioner Weberman asked if these roundabouts are consistent with an elder ready community. Ms. Miller said they are consistent with the Florida Department of Transportation's practices and the Federal practices regarding elder road user programs.

   Commissioner Weberman asked if an elderly person would view this as being easier than going through a traffic signal. Ms. Miller said that is very dependant on the individual.

   Commissioner Weberman asked if it was possible for FDOT to build one of the roundabouts now at Sewall's Point Road. Ms. Miller said that would be inconsistent with what the Town has requested from the Department.

   Commissioner Weberman said, let's not focus on what the Town has requested, let's focus on what the community wants; is it possible to build one roundabout at Sewall's Point Road. Ms. Miller said the Department can provide additional, or a different type of configuration at River Road, as opposed to a roundabout.

   Commissioner Weberman asked if it was possible to put this decision off until the new Lyons Bridge is completed, like the City of Stuart requested, for the Roosevelt Bridge. Ms. Miller said again, it is possible, but it would be inconsistent with what the Town of Sewall's Point has requested of the Department.

   Mayor Rifkin asked for the total cost of one roundabout, and the total cost of both roundabouts. Ms. Miller said they haven't broken the project out by individual roundabouts because it's a global project with landscaping features and lighting features, etc. The project, as it currently exists today, would be approximately $1.3 million dollars with all the features, the existing landscaping, lighting, etc.

   Commissioner Smith asked what the other configuration at River Road would be if they didn't put in a roundabout. Ms. Miller said, as of several years ago when the project was still a portion of the Evans Crary Bridge projects, it was requested that a signal be installed at River Road at Sewall's Point Road. The Department would, at this point, determine what the appropriate intersection would be, whether it be signalization, stop conditions, etc.

   Commissioner Smith asked if traffic was similar to what it is on the western side. Ms. Miller said it is completely different on the western side of the Evans Crary. Commissioner Smith asked if it was more or less. Ms. Miller said there is less cross street traffic; River Road dead-ends at the end of it's access point to the two plazas, so it's not a through street. There is continuous northbound access but it is a completely different configuration.

   Commissioner Smith asked if there are different costs associated with acquisition of right of way. Ms. Miller said there is different acquisition required with signalization versus roundabouts. There is much more corner clip land needed when proposing a roundabout in order to segregate the traffic and move it from the middle, you have to buy more land on the exterior. It depends on how many lanes you need to control the intersection.

   Commissioner Smith asked if additional lanes were going to be provided or looked at on Sewall's Point Road. Ms. Miller said Sewall's Point Road would need to be expanded from it's current condition; it would require dual left turn lanes if it was not a roundabout. Commissioner Smith asked if that would include additional acquisition. Ms. Miller said it would not at this time, they feel the amount of land they have acquired at the intersection would be sufficient, however, it may require additional land on North Sewall's Point Road in order to accommodate two receiver lanes that then merge into one lane.

   Commissioner Smith asked if there was a cost analysis done on signalized intersections versus the roundabouts. Ms. Miller said that has not been done in several years and our cost of doing signalized intersections raise every year due to the different facets of controller cabinets, signalization equipment, mast arms, etc.

   Commissioner Smith asked if she had any recall on what it cost years ago. Ms. Miller said she wasn't the project manager at the time.

   Commissioner Krueger asked what is the process of gathering information to justify these traffic circles when other states are eliminating them now. Ms. Miller said the Department has a procedure to go through and it's documented in order to obtain a roundabout justification report. They go through several modeling types, they use SIDRA (a traffic analysis model), that shows what a roundabout would be versus a signalized or unsignalized intersection, traffic data has to be obtained, several components go into this report and then it goes to the Traffic Operations Department, who determine whether the roundabout is justified or not.

   Commissioner Krueger said he was curious how the FDOT.....what they're doing for that.....because it's about the size of the one they have in New Jersey, with two lanes around it instead of four. Ms. Miller said the Department has utilized the Treasure Coast Regional Planning (TCRPC) model, in order to project the 20 year life expectancies, these roundabouts still function at level of service A or B in 20 years.

   Commissioner Krueger asked if they projected the growth of Port St. Lucie, Western Martin County, all of Martin County and Northern Palm Beach County that would be coming to our beaches and going over Hutchinson Island using these. Ms. Miller said they used the latest TCRPC model.

   Commissioner DiTerlizzi asked at what level of traffic counts on SR A1A, at those intersections, do these circles begin to show failure. Ms. Miller said she doesn't have the current traffic data with her. Mr. Roberts put the Annual Daily Traffic data on the overhead screen. The Chair asked when the counts were taken. Mr. Roberts pointed out the average for the year and said they are taken at a minimum of 4 times per year, and pointed out a count that is taken 365 days a year, totalling 18,000 cars per day crossing the bridge. North Sewall's Point Road has approximately 7,300 cars per day and 11,400 crossing the Ernst Lyons Bridge. Ms. Miller said she can provide the 2025 counts.

   Commissioner DiTerlizzi asked Mr. Roberts if he had traffic counts for Confusion Corner. Mr. Roberts said no, he did not.

   Commissioner DiTerlizzi clarified that they could not provide the answer of what level these roundabouts may start to show signs of failure. Ms. Miller said they have not projected out a number that would fail the roundabouts. At their current projections for a 20 year life expectancy they still function at a service level A or B.

   Commissioner DiTerlizzi asked if they took into consideration the average age of the people in Martin County. Ms. Miller said the Department takes into consideration signage, lighting, pavement markings, those kind of issues. The design itself, utilizes State and Federal guidelines to take into account elder use.

   Commissioner DiTerlizzi noted that there was an article in the paper saying there would be 90 signs in 200 feet.

   Commissioner DiTerlizzi asked about the roundabouts level of service during an evacuation. Ms. Miller said with persons helping the evacuation route the level of service would not be a problem. There will be police and other persons helping; you can utilize the roundabouts in both directions, it does not preclude you from having 4-way access out of Hutchinson Island.

   Commissioner DiTerlizzi asked how the level of service would be at River Road with a roundabout compared to the type of intersection there now. Ms. Miller said she does not have that information due to the fact the Department was requested to put a signal at River Road. The Department was basing its current plan versus the proposed change in plans from a signal to a roundabout.

   Commissioner DiTerlizzi asked for the current speed limit in Sewall's Point. The crowd yelled out 40 mph.

   Commissioner Armstrong asked if the $1.3 million is coming out of the Martin County box funds. Ms. Miller said yes. Commissioner Armstrong asked if the MPO were to reduce the scope of this project by some percentage, would that free up additional funds for use at other transportation projects in Martin County. Ms. Miller said it may, this project is State funded.

   The Chair asked how much the roundabouts would cost compared to the traffic signal. Ms. Miller said no, because the project is a combined effort of all the different aspects of the projects. However, they do estimate at this time that signalized intersections run approximately $140,000 for the mast arms, conduits, etc.

   The Chair said there would be the cost of maintaining the roundabouts. Ms. Miller said the landscaping would be maintained by the Town of Sewall's Point, there are obviously no mast arms or lights in that regard to maintain, the roadway lighting would also be maintained by the Town of Sewall's Point by a maintenance agreement. The roadway pavement is the FDOT''s responsibility. The Chair said she would like the cost differential between the mast arms and the roundabouts.

   The Chair asked if they have looked at how to do ingress/regress into the shopping plaza across the street from Harbour Bay. Ms. Miller said the Department has never been requested to provide a left turn west to south bound access into that shopping center. When the Town of Sewall's Point requested the Department review providing an access point within that median, they requested north side access only. The two driveways are offset from one another and it is not possible with the configuration that we have today to provide restricted access in both directions, we can only provide it in one direction.

   The Chair asked what studies have been done as to the feasibility of the crosswalk. Ms. Miller said there has been no study conducted regarding the feasibility of a pedestrian actuated crosswalk.

   The Chair asked about someone coming to the roundabout from 40 mph. Ms. Miller said they will be notified with due advance signage that they are approaching a roundabout that has a speed limit of approximately 15-20 mph. The Town of Sewall's Point and the Department have determined that they will drop the speed limit within the Town to 30 mph.

   Commissioner Smith said it wouldn't be any different from coming to a complete stop at the other end of the bridge. Ms. Miller said that is correct, you do have to stop at a signalized intersection at St. Lucie Boulevard at the other end of the Evans Crary Bridge. Commissioner Smith asked if that was from

   40 mph. Ms. Miller said yes.

       Commissioner Weberman asked, given our current standards, when does the intersection at River Road fail. Mr. Roberts said it does not become deficient based on our current standards.

   Mr. Roberts said when looking at providing an eastbound left turn lane into Harbour Bay, are they looking at relocating the pedestrian crosswalk. Ms. Miller said they will have to modify that. Mr. Roberts asked if it was still part of the project. Ms. Miller said at this time it is currently part of the project.

   The Chair asked, if the crosswalk was taken out, would it be possible to do the left turn into the other shopping area. Ms. Miller said no, it would not. That signalized crosswalk has no impact on whether we provide one access point versus another. The Chair asked if there is any configuration that would help to save that shopping center with a left turn. Ms. Miller said the only way to maintain access to both the south and to the north would be to have a non-divided section, a two-way left turn lane as it currently exists today.

   The following people voiced their opinion on the Roundabouts:

Herman Goodman   Opposed,  Lawrence Tadross Opposed,  Rebecca Costello  Opposed , Stanley Beauchamp Opposed ,

Michael A. Bruno  Opposed , Pam Busha  In Favor Of , Allan Rubin  Inconclusive, Louis Savini Opposed,Col. Ed Smith Opposed,

Armand Cifelli In Favor Of , Henry Milne Opposed, Robert Aune Opposed, Myrtle Herman Opposed, Richard Towne Opposed ,

Harvey Toback Opposed , Don Bills  In Favor Of , Ellie Bills In Favor Of , Karen Bannister Opposed ,

***   Commissioner DiTerlizzi said for the record the CPAC being referred to is the "Citizens for Preservation of A1A Corridor".

Casey Martin  Opposed , Vincent Cornell Opposed , Meriliz Cary In Favor Of , James McMahon Opposed, Billy Escue Opposed

Bill Fricks Opposed , Don Gleichman Opposed .

Petition Against Roundabouts

Totals:

Sewall's Point      623

Jensen Beach      259

Hutchinson Island     66

Palm City      239

Stuart         729

Commissioner DiTerlizzi asked if this CPAC is affiliated with the CPAC from the Stuart Chamber of Commerce. Mr. Gleichman said none whatsoever, and the monies reported in the Stuart News was inaccurate. Commissioner DiTerlizzi asked what CPAC stood for. Mr. Escue said Committee for Preservation of A1A Corridor.

***   Commissioner DiTerlizzi said for the record the CPAC from the Chamber of Commerce is "Chamber Political Action Committee".

Tim Wright, representing the Town of Sewall's Point, gave a presentation and provided handouts.

Joe Capra In Favor Of ,Michael Busha In Favor Of .

At this point there were no further comments from the public.

Commissioner DiTerlizzi asked what land would be required for the roundabouts versus intersection improvements without roundabouts. Ms. Miller said the Department has not gone through and done a full analysis of right of way acquisition since the early 90's regarding signalized intersections versus roundabouts. However, roundabouts require additional land at the actual corners although normally an expanded intersection requires corner clips or corner acquisition. More is required during a rounabout construction because you have to force traffic from the center. There may be a need for property along North Sewall's Point Road in order to have two receiver lanes that then merge into one lane. Commissioner DiTerlizzi asked if that would be taken from the east side of North Sewall's Point Road. Ms. Miller said they would have to determine which would be the appropriate side.

Commissioner DiTerlizzi asked if no roundabout is built at River Road would FDOT require signalization at that intersection. Ms. Miller said the Department would have to reevaluate the existing proposal for that particular intersection. Commissioner DiTerlizzi asked if FDOT would look to the MPO for a recommendation. Ms. Miller said they would probably first go to the Town of Sewall's Point with the information and if necessary they would go to the MPO.

Commissioner DiTerlizzi said the attorney's for Sewall's Point said the roundabouts are faster, isn't that contrary to the idea of traffic calming. Ms. Miller said she can't answer for what the attorney said.

Commissioner DiTerlizzi asked if there were other methods of traffic calming that can be achieved that would do the same as two roundabouts. Ms. Miller said the Department has looked into a variety of different types of traffic calming, however on a state road, as opposed to city or county streets, we are limited by different types of traffic calming. One type of traffic calming that we do not do on state roads is speed bumps. Commissioner DiTerlizzi asked about splitter islands. Ms. Miller said splitter islands are what occurs at a roundabout, in order to reduce speed you have to move somebody from their current headed direction, utilizing a roundabout you actually have to change direction therefore you slow down to make that modification.

Commissioner DiTerlizzi asked about the comment made that five roundabouts are planned for Martin County, what designated roads are they. Mr. Roberts said there are a couple going in the State System, one of them on SR A1A and MacArthur Boulevard and the other is part of the plan with regard to the Jensen Beach Causeway at SR A1A. There is one planned for Palm City on the County Road system, and there are others we are considering for the future. Commissioner DiTerlizzi said River Road is the only one at the foot of a bridge. Mr. Roberts said yes.

Commissioner Smith asked Mr. Capra if he is contracted by the County, and if so he must be qualified and equally competent. Mr. Capra concurred. Commissioner Smith asked if, in both their opinions, technically, the roundabouts function to meet all levels of service. Ms. Miller said yes. Mr. Capra said yes.

Commissioner Krueger asked why Ms. Miller always goes back to the point and concentrate on what a couple hundred people out of four/five hundred people in Sewall's Point want, instead of taking consideration what all of Martin County wants, the people in this county who use that road and thoroughfare more than the citizens of Sewall's Point themselves. Ms. Miller said the Department took that into consideration when the MPO was presented with the plans showing two roundabouts and the MPO at that time unanimously asked the Department to work with the Town of Sewall's Point to construct their vision. Commissioner Krueger said he must have missed that meeting.

The Chair asked what the protocol would be to change the configuration of the roadway. Ms. Miller said she assumes that if the MPO wishes for the Department to make any modifications we would work with the MPO and the Town of Sewall's Point, since the roadway is jurisdictionally in their town limits, we would want to actively work with that commission, in order to assure them as well as the MPO, that they have worked through all of the issues with all the proper channels. It is the Departments responsibility to insure, in this case, Martin County and the jurisdictional town, in this case The Town of Sewall's Point, are fully aware of all the issues and have agreed to the overall plan.

Commissioner Krueger asked if you get around the roundabouts in 35.7 seconds and the light takes 67.9. Ms. Miller said that was part of a roundabout justification study that they conducted in early 1999, in order to provide enough information for their traffic operations department to review the justification for the roundabout.

Commissioner Krueger asked if Ms. Miller heard anything today that might have changed her mind, such as you can't even get on half of the rounabouts because you have two straight lanes of traffic going through it so fast that the side lanes can't get on, the people sitting on the side will probably take three times as long as the light would, where the light gives everybody an equal chance to get through an intersection. Ms. Miller said it is her understanding those people were discussing the New Jersey roundabouts.

***   Commissioner Armstrong said for the record that at the meeting of April 17th Commissioner Krueger was absent.

       Commissioner Armstrong asked if the $1.3 million dollars cost of this project included the additional right of way costs. Ms. Miller said no, that is construction dollars only. Commissioner Armstrong asked what the additional right of way costs would be. Ms. Miller said she does not have the final figure. We are in the process of working with all the property owner so I do not have a number. Commissioner Armstrong asked if she had an estimate. Ms. Miller said no, she would not want to say a number and tell him inaccurately what they have programmed for that project. Commissioner Armstrong asked if she could give him some order of magnitude of what they are looking at for right of way acquisition costs. Ms. Miller asked, order of magnitude in relation to? Commissioner Armstrong asked if it was $100.00, is it $1,000.00 or a million dollars? Ms. Miller said she would say it was closer to the million dollars, or more, than the $100 dollar mark. Commissioner Armstrong said a general guesstimate is we are looking at a plus or minus of a million dollars for the right of way. Ms. Miller said that right of way monies do take into consideration all of the right of way being acquired for both the Lyons Bridge and for the construction of the roundabouts, it is a total dollar figure associated for both projects.

   The Chair asked if that cost includes the lift station and relocation. Ms. Miller said the lift station is a separate dollar figure, it is not associated with right of way, it is associated with utilities because the utility is currently within an easement; we are purchasing the property of the easement, that utility has to be moved to another location.

   The Chair said the cost is not $1.3 million, the cost will rise substantially. Ms. Miller said that $1.3 million is just for construction. There are engineering fees, acquisition fees, utility fees. That lift station would need to be modified whether we expand the intersection or did the roundabouts.

   Commissioner Smith asked Commissioner Weberman what he proposes will happen if the MPO sends a letter to FDOT opposing the roundabouts. Commissioner Weberman said they will have to finish construction of the Lyons Bridge and then figure out what to do at the intersection of Sewall's Point Road and A1A, which is where we probably need intersection improvements, but to do an entire project prefaced on putting a signal where none is warranted is illogical.

*   Commissioner Weberman moved to approve the MPO sending a letter to FDOT opposing the Sewall's Point Roundabouts. Commissioner Krueger seconded.

**   The vote was unanimous.

      Commissioner Armstrong asked for clarification of the motion on the floor, that this motion is specific to Sewall's Point and not all roundabouts that are being considered in Martin County. Commissioner Weberman said yes, it would be specific to this project and I'll read briefly what the letter could say: we are opposed to it because of lack of community consensus, public safety concerns, lack of project need, it's a non-elder ready function, doesn't support the business community, contrary to access management standards and we have other funding priorities.

       The Chair called for a fiive minute break.
 


9B.   MPO RESPONSIBILITIES REGARDING THE AIRPORT

   MEMO:   mpo01a.067

   Ms. Kantamneni said that Mike Moon, Airport Director, has asked that the MPO table this item    until August and that is staff's recommendation.

       Comments from the Public:

   Mr. John Ziegler, of Sewall's Point, voiced his opinion on this agenda item.

    *   Commissioner Krueger moved to approve having MPO Staff and Mike Moon, Airport Director, take their findings before the other municipalities so they can have comments before they bring it back to the MPO Board. Commissioner Smith seconded.

**   The vote was unanimous.
 


9C.   SR 714 STATUS REPORT - GRADE SEPARATION FEASIBILITY AT DIXIE HIGHWAY FEC

   MEMO:   mpo01a.068

Mr. Paul Lampley, FDOT, gave a presentation on the PD&E study.

Commissioner DiTerlizzi asked if the plateau was alternative 2A. Mr. Lampley said it is 2A & 2B. 2B is a modification where you would have ramps going to Palm Beach Road. Commissioner DiTerlizzi asked if it was a bridge or a raised intersection going over the railroad tracks. Mr. Lampley said there would be one single bridge, that would cross the FEC corridor. The entire intersection at Dixie Highway and Monterey Road would be on a plateau so it would be a raised intersection. Commissioner DiTerlizzi asked if the cost on that would be $60 million. Mr. Lamplely said yes, $60 million for total right of way and construction costs. Commissioner DiTerlizzi asked where the money would come from. Mr. Lampley said the MPO would have to prioritize the projects based on their needs.

Commissioner DiTerlizzi asked if they chose alternative 2A for example, could the extra funds be allocated to the Indian Street Bridge. Mr. Lampley said there are no funds for the intersection currently. There are also no funds allocated in the 5-year work program for the at-grade intersection. There may be opportunity based on the priority of the MPO to bring it into the 6th year.

Commissioner Smith asked what we are short in the current MPO 5 year plan, is it $30/$40 million. Mr. Roberts said yes approximately, particularly since we're still looking for funding for the Indian Street Bridge, which is still an un-funded project. Special allocation will have to be made for that project as well. Commissioner Smith said, special from FDOT. Mr. Roberts said that is correct. Mr. Donaldson said in the 2025 plan it is in the Cost Feasible plan as to be funded, however the MPO adopted a second plan that assumed that they would find an alternative funding source which allows other projects in the Long Range Plan to be funded. The PD&E study is the only thing that's funded for this particular project. In any alternative there isn't construction allocation. From staff's perspective, timing will become an issue, but the MPO needs to give some direction to FDOT.

Commission Weberman opened discussion regarding the possibility of the Gruman extension, right before the FEC railroad tracks, and extending it to CR A1A, with the possibility of punching through 10th Street.

Commissioner Armstrong asked what ability the local government or FDOT have, to restrict when the switch engineer does his work in this corridor. Mr. Lampley did not directly answer the question. He said their traffic analysis did look at a six minute closure of the intersection, where the train was stopping the traffic for six minutes, in the year 2002 , which was a design year, and it does create a total failure of the intersection and backs traffic up through US1.

Commissioner Krueger said he thought there was a law that they couldn't close all crossings in a city at one time. Mr. Lampley said there are other municipalities that he is aware of, such as Riviera Beach, who have passed local ordinances that would prohibit a train from blocking a crossing, that would give the local police the authority to make that train move.

The Chair asked if there were dollars budgeted previously to have this reviewed and to have it constructed. Mr. Donaldson said no, it was just for the study, and there are dollars that have been appropriated for the four-laning of Monterey, but not for this particular intersection improvement.

The Chair asked if the MPO would have any influence with FEC regarding the timing of the switching. Mr. Roberts said the reason staff is really looking at this is that a train does block off several of these intersections. We are looking for this to be the major corridor to the beach area.

Commissioner Weberman asked how he would get talking to FEC into someone's assignment so that FDOT, Don or Gary is working on it. The Chair said since FDOT is working on this study, and they are paying for it as well, perhaps they can open up dialogue with FEC.

The Chair asked if this includes the intersection construction. Mr. Lampley said yes it does, the second line on the graph shows the intersection costs. The Chair asked if any money was available through the state to help with this project. Mr. Lampley said currently there is a JPA that's going to be executed with the County to take the two-lane section by the YMCA and make it a four-lane. Also, FDOT is going to fund that post construction and reimburse the county for that project. US-1 to Ocean Avenue is funded for design once they get location design concept approval from Federal Highway. There is the opportunity to go ahead and fund for construction but it will be past the adopted 5-year work program.

The Chair asked if those dollars would come out of the program for the Indian Street Bridge. Mr. Donaldson said no, you would be competing with other priorities in the County. Realistically, this can get to a design phase and construction and right of way acquisition in probably the next three years, but there isn't funding in our normal cycle at this point for at least 10 years. Some of the roadway improvements are already in our work program, those are the 4-laning of Monterey and we'll try to work some intersection improvements; that's what we have our consultants working on, which we'll try to seek reimbursement for. As far as solving this problem at the railroad tracks and US-1, it's some years out as far as actually funding it, unless some special appropriation drops in and solves our Indian Street Bridge problem, then we would have funding for some of these projects.

*   Commissioner Weberman moved to approve at grade, have FDOT continue investigating at grade alternatives, which include possible improvements of FEC railroad switching operations, and to continue investigating funding alternatives. Commissioner Krueger seconded.

**   The vote was unanimous.
 


9D.   FY 2001/02 2005/06 TRANSPORTATION IMPROVEMENT PROGRAM

   MEMO:   mpo01a.069

   Commissioner DiTerlizzi asked if "Construct Administration Center", is for the Council on Aging. Ms. Kantamneni said yes, it is.

   Commissioner DiTerlizzi asked about Willoughby from Salerno to Cove Road, beyond 2006, isn't that under construction now. Commissioner Weberman said that was 4-laning, from Market Place to Cove.

   Commissioner DiTerlizzi asked if Market Place to Salerno is another leg of that project. Mr. Donaldson said no it is included as one. Commissioner DiTerlizzi said that needs to be corrected.

   Commissioner DiTerlizzi asked staff to do a better job of identifying these from now on.

   Commissioner DiTerlizzi said SR 714/Mapp Road intersection improvements shows current phase construction, are we looking at 2005/06. Mr. Roberts said there is some money in the program for right of way acquisition. Commissioner DiTerlizzi said it was possible that we gave away some of the right of way on this intersection, to one of the four corners, and now we may have to buy it back.

***   Commissioner DiTerlizzi said for the record that we shouldn't be giving any right of way to anybody with the consideration that we may have to buy it back.

       The Chair asked staff to bring back the information on that right of way for informational purposes.

   Commissioner DiTerlizzi asked if the Western Corridor is under design. Mr. Roberts said we are in the process of finalizing the report and then we will go to design.

   Commissioner DiTerlizzi mentioned that a developer may be building a turnpike interchange and wonders if we shouldn't hold off on spending any large expenditures on design of that corridor if this interchange is actually going to be built. Mr. Roberts said he has talked to the turnpike briefly, in regard to that matter, and they have not been contacted by the developer yet; they have indicated that they have some real issues or problems, particularly in regard to the cost estimates that the developer has put forward. One of the major issues is that they don't usually build turnpike interchanges on a 2-lane road, so there are some hurdles the developer is going to have to go through in order to build and construct the turnpike interchange anyplace within the immediate future.

   The Chair asked about Edison to Willoughby, would that be in the TIP. Mr. Donaldson said it's in the CIP. The Chair asked when the other part of the roadway from US-1 to Willoughby will be shown. Mr. Donaldson said that was in the beyond category. Mr. Roberts said he can't remember what the status is but it was one of the considerations they had in the 2025 Long Range Plan. Mr. Donaldson said he doesn't think it made it, for funding reasons, in the Cost Feasible Plan. Mr. Roberts said it is shown in the County's CIP, scheduled for design in 2002.

   Commissioner Smith asked if the enhancement projects were fully funded. Ms. Kantamneni said they are.

   Commissioner Smith asked for expansion on the traffic calming features listed under enhancements, regarding Bridge Road. Mr. Roberts said they are going through the design process in regard to the various years, so it is design at this point, in regard to the project.

   The Chair said they need at least 3 gateways, one on both sides of US-1 north and south, and one on SR 76; how can it get put into the TIP. Mr. Donaldson said that is a CIP discussion. The Chair asked if the MPO had to approve that first. Commissioner DiTerlizzi said Mr. Blackburn is going to put that in the budget this year for funding, I believe he said one gateway per year. Commissioner DiTerlizzi said this is not an MPO function, it is the function of the BCC. The Chair said she wants it to be in the TIP.

   Mr. Blackburn said the budget at this point contains two gateways, one on US-1 south and one on US-1 north. However, since we've had some slight increase in the assessable base, the board may want to consider another county gateway and the ideal location would be Kanner Highway.

   The Chair asked where the MPO could put this in, and then it could be brought before the BCC as well.

   Mr. Donaldson said he doesn't know if it's necessary to forward that onto the FDOT as part of the adopted work program but we can certainly include it as an amendment, once we get inclusion from the Board of County Commissioners.

   Commissioner Smith asked what is involved in traffic calming for 2002. Mr. Roberts said westbound on Bridge Road at the Mobil gas station there is a lack of right of way and we are looking to get in a right turn lane as part of an intersection improvement. It's not really traffic calming, it's more like traffic operation.

   Commissioner Smith asked if the 25 acre    conservation easement was something that was transferred out of the construction project. Commissioner Weberman said they went through their permitting process and the final permits to five lane the project included this 23-1/2 conservation easement. So it's already been recorded, it's like permitting in advance, we may be able to get some credits for it but it's a holdover from the 5-laning of the A1A project which isn't even on the books anymore.

   The Chair asked if the funding for Bridge Road, on R-3 would come from FDOT or could it, since they are doing roadway improvements. Mr. Roberts said it's strictly on Bridge Road and is now part of the resurfacing project. Commissioner Weberman clarified that it is Bridge Road from Banner Lake to US-1; he is funding the design of it, strictly with district funds, and once they get the deign done he will let it compete with all other projects. Any improvements at Bridge Road and US-1 should be state funded, it shouldn't come from impact fees. Mr. Roberts clarified that this is a right turn specifically on Bridge Road, it's not in the state system, there is right of way acquisition that needs to be acquired. Commissioner Weberman concurred.

   Commissioner Weberman said he was going to fund the gateway design on Bridge Road out of district funds, and then it will have to compete.

*   Commissioner Weberman moved to transmit the Transportation Improvement Program to FDOT. Commissioner Smith seconded.

**   The vote was unanimous.

9E.   RESOLUTION AUTHORIZING THE FILING OF THE 2001/2002 TRANSPORTATION DISADVANTAGED PLANNING GRANT APPLICATION

   MEMO:   mpo01a.061

*   Commissioner DiTerlizzi moved to accept staff's recommendation, which is to authorize the Chair to execute the authorizing resolution for the grant. Commissioner Krueger seconded.

**   The vote was unanimous.


9F.   RESOLUTION SUPPORTING THE ESTABLISHMENT OF AMTRAK PASSENGER SERVICE

   MEMO:   mpo01m.042

*   Commissioner Krueger moved to approve the Resolution Supporting the Establishment of AMTRAK Passenger Service. Mayor Rifkin seconded.

**   The vote was unanimous.

9.   NOTED ITEMS

A. Letter from FDOT to Dennis C. Johnson

B. Letter from FDOT to Commissioner Armstrong re: Presentation on 4/24/01

C. Letter from FDOT to Sivani Kantamneni re: Bicycle Safety Program, with attachments

D. Letter from MPOAC

E. Letter from FDOT to Gary Roberts re: SR-714 at SR-76

F. Email from Joseph Klinger

G. Letter from the City of Stuart re: Resolution 79-2001 addressing airport noise, with copy of resolution

10.   COMMENTS FROM PUBLIC

There were no additional comments from the public

11.   NEXT MEETING      

August 20, 2001

12.   ADJOURN

There being no further business, the meeting was adjourned at 1:45 P.M.

Recorded and Prepared by:

Tamara L. Pake, Programs Assistant      Date

Commissioner Elmira R. Gainey, Chair Date



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Monday March 3, 2008

       Old issue has resurfaced: What are the candidates postions on round a bouts at A1A & SPT RD & River Rd.?
       Candidate responses to date: Mark Klingensmith: "Generally speaking don't like them.  Most are traffic
   hazards". Paul Schoppe:"
I can not say that I have given the issue proper consideration at this time.  Function will be my primary
        concern and asthetics, although important, will be secondary.   Respectfully,    Paul Schoppe.". No response from other candidates as we write.
        Minutes from the MPO meeting of concern can be reviewed at:

Thurlow 431, Mark Klingensmith 336, Schoppe 292, Vinny Barile 263! Un Real- 490 voters - Charter change passes 3 to 1: 353-129

Sunday March 2 Stuart News

       Candidate comments on issues & why they are running:
       Candidates to face off for Sewall's Point election  "Fiscal responsibility" key issue for 2. Third is "natural beauty"
                                                                                           Fourth is, "nothing specific just want to be a better Dad'! He is a good
                                                                                           dad. Check out his volunteer list below. residents/taxpayers are not your kids!

Friday Feb. 15, 2008 - Election News - Commission Seats 3 open. 4 running - no primary required. Closed. Election Tuesday March 4.

          RESIDENTS WILL BE VOTING TO FILL 3 COMMISSION SEATS AND ON CHARTER CHANGE.
              PROPOSED CHARTER AMENDMENT:
                  "
Change date of Town Election to coincide with the State of Florida Primary and General Elections".
               The writer supports this position as more residents would be involved in the process. "Gangs" would have less control. Scroll way down for "Gang" in red.
               Commission Seats to be filled are those currently occupied by Commissioners Bausch, Current Mayor Pam Busha & Commissioner E. Daniel Morris.
   
          Running for Commission Seats are: 
                           Jacqui Thurlow Lippisch - Riverview Drive - South SPT. Realtor.
                           Mark W. Klingensmith -   S.E. Lucie Ct. - South SPT - Attorney - Author
                           Vinny Barrile -                   India Lucie - Realtor Owner broker - Assit2Sell. Pt. St. Lucie
                           Paul Schoppe                      Palm Rd. -  Podiatrist "Family Foot & Ankle".

Jan. 15, 2008

        Local Elections 2008, The Rules: Electiob Date is

                        TOWN OF SEWALL'S POINT, FLORIDA PROCLAMATION - 2008 TOWN ELECTIONS

ELIGIBILITY:

Any person who is registered as a resident of Sewall's Point by the Martin County Supervisor of Elections, and at least 18 years old, is permitted to vote. Any registered, qualified voter in the Town of Sewall's Point is eligible for election as Commissioner.

CANDIDATES:

Candidates for office shall file with the Sewall's Point Town Clerk between Friday, January 11, 2008 and Monday, February 11,2008.

VACANCIES: Error ! Expire march 2012 not 08.

There are three (3) vacancies on the Town Commission. These terms will expire in March 2008.
PRIMARY ELECTION:

A Primary Election will be held on Tuesday, February 26, 2008 if necessary. A Primary Election is held if there are more than twice the number of candidates for the vacancies.
REGULAR ELECTION:

The Town Election will be held Tuesday, March 4, 2008. The polls will be open from 7:00 A.M. until 7:00 P.M.
VOTING PLACE:

Voting will be held in the Meeting Hall of the Sewall's Point Town Hall, 1 South Sewall's Point Road, Sewall's Point, Florida 34996.
INSPECTORS AND CLERKS OF ELECTION:

Inspectors and Clerks of Election will be appointed by the Town Commission at least five (5) days prior to the Election.
ELECTION RETURNS:

Election returns will be furnished the morning after the Election.
TIME TO TAKE OFFICE:

The new Commissioners will assume their duties on Tuesday, March 25,2008.
PROPOSED CHARTER AMENDMENT:

Change date of Town Election to coincide with the State of Florida Primary and General Elections.
 Town Clerk - Ann Marie Basler 

Three Commission seats will be open: Morris, Busha & Bausch.

The following candidate  resumes follow in order of their receipt.  Jaqui Thurlow Lippisch, Mark
          Klingensmith, Vinny Barille & Paul Schoppe


Resumes:

          MARK WAYNE KLINGENSMITH

Florida Bar Board Certified Civil Trial Attorney
AV Rated by Martindale-Hubbell Florida Super Lawyers 2007-2008

Practice Areas:

  State and Federal General Trial Practice Medical, Legal and Professional Negligence Defense
  Insurance Defense Litigation
  Governmental and Administrative Agency Practice
  Personal Injury and Wrongful Death Litigation
  Employment Practices Litigation

Education:

  Bachelor of Arts, University of Florida (1982)
  Juris Doctor, University of Florida (1985)

Memberships and Admissions:

  Florida Bar
  State Bar of California (inactive)
  Florida Blue Key,
  University of FloridaUnited
  States Supreme Court
  United States District Court,
  Southern (Trial Bar) and Middle District of Florida
  Palm Beach County Bar Association
  Martin County Bar Association
  American Board of Trial Advocates (
Palm Beach Chapter)
  Justice Major Harding Inn of Court (Master)
  Florida Defense Lawyers Association
  Defense Research Institute
  Florida Medical Malpractice Claims Council, Inc. (President, 1996)

Publications:

  
 
Editor-in-Chief, Florida Journal of International Law, University of Florida College of Law    (1984-85)

    Articles and Comments Editor, Lawyer of the
Americas, University of Miami College of      Law (1983)

   
Author: Deposing the Plaintiff’s Economic Damages Experts, The Defense Speaks: FDLA Defense Manual (1st Ed., July 2006)

    Author: Attorney-Client Relationship, Civil Practice Before Trial (7th Ed.), The Florida Bar Publications (2004).

    Author: Compensatory Damages Slashed by
Florida Court: The Impact of First Healthcare Corp. v. Estate of Barnes,

    Nursing Home Legal Insider, Vol. 1, Issue 1   (September 1999).

   
Author:  The Five Myths of Nursing Home Litigation, LRP Publications (1998).

    Author: Addressing the Younger Person in Jury Selection, Personal Injury Verdict Reviews, Vol. 6, Issue 8 (April 13, 1998).

    Author: Ten Years of Medical Malpractice Reform: Brickbats and Bouquets, FDLA Trial Advocates Quarterly (Winter 1997).

    Author: Medical Malpractice Litigation,
Florida Keystone, Lawyer’s Desk Library of Practice (1996).

   
Co-author:  The Hospital’s Risk From Innkeeper to Insurer, Florida Bar Journal (July-August 1986).
   

Professional and Community Involvement: 

·         University of Florida Law Alumni Council (President, 2006 – 2007)

·         Rules of Judicial Administration Committee, The Florida Bar (2003 - 2009)

·         Rules of Civil Procedure Committee, The Florida Bar (1997 - 2003)

·         Hearing officer, Palm Beach County School Board (1993 - 2003)

·         Steering Committee, Florida Civil Trial Practice, The Florida Bar

·         Assistant Instructor, 1st Degree Black Belt, Martial Arts Center of Jupiter

·         Grievance Committee, The Florida Bar (1997-2000; 2003-2005) (Chairman, 2000)

·         Leadership Palm Beach County, Class of 1994

·         Committeeman (Alternate), Martin County Republican Executive Committee (2006 -         present)

·         Committeeman, Palm Beach County Republican Executive Committee (1987 - 1999)

·         Charlie Crist for Governor, Martin County Campaign Chairman (2006)

·         Board of Directors, Palm Glades Girl Scout Council (1993 -1999)

·        Adjunct Professor, Legal Aspects of Health Care Administration, Nova Southeastern         University (Winter 1997)

·        Treasurer, Hillcrest Property Owner’s Association, Sewall’s Point, FL

 Rev. 02/08


JACQUI THURLOW LIPPISCH

Employment

·         2006-2008 Realtor, Lifestyle Realty Group, Senior Real Estate Specialist

·         2002-2006 Realtor, Patrick Stracuzzi Real Estate Team, General Real Estate

·         1997-2001 Teacher of English, Murray Middle School, Stuart Middle School & South Fork High School

·         1995-1997 Teacher of German & English at Pensacola High School

Education

·         1999 Masters in Education, University of West Florida

·         1995 Bachelors of Arts in German Language, University of Florida

·         1986 Bachelors of Arts in Journalism, University of Florida

Local Membership Affiliations

·         Audubon Society of Martin County

·         Southeast Florida Archaeological Society

·         Elliott Museum

·         Hobe Sound Wildlife Center-Turtle Scout

·         Martin County Library Foundation

·         Humane Society of the Treasure Coast

Noteworthy

·         Alternate for Sewall's Point Code Enforcement Board 2007

·         Sewall's Point resident 1974-1982 & recently since 2005

·         Politically active @ the University of Florida & for the Florida Association of Realtors

·         Served on the Board of Directors for the Realtor Association of Martin County 2005-2007

·         Awarded 2007 REALTOR OF THE YEAR for my work within the association and the community at large

·         Have lived in Los Angeles, California; Berlin, Germany, and Pensacola, Florida

·         Fluent in German.

 


Thursday, February 21, 2008

 Re: Candidates SPT Commission: Jacqui Thurlow Lippisch, realtor, South SPT. - Mark
      Klingensmith, attorney, South SPT. Vinny Barile,owner Assist 2 Sell Realty, Pt. St
      Lucie, North (India Lucie) SPT -  Paul Schoppe, foot doctor, South SPT.
      Candidate filing closed. Election day Tuesday,March 11, 08.
 

Resume:
      
"My name is Vinny Barile and I’m running for Sewall’s Point Town Commission. Although I don’t have a formal resume, I would like to take a few moments to introduce myself.

 I am an honest, diligent, hard working individual. I have owned and operated 3 successful restaurants while working full time for a major corporation for over 30 years. My responsibilities at that corporation included a number of positions from managing major construction projects to customer relations. I currently own Assist2Sell Plaza Realty located in Port St. Lucie.

 Having attended and actively participated in the of Town of Sewall’s Point meetings for over 2 years, I am well aware of the issues that exist in Sewall’s Point.  I believe that I am a qualified candidate to deal with these issues.

 As a Sewall’s Point resident for 8 years, I have enjoyed the small town atmosphere. Even with the challenges facing the Town, I believe it is possible to maintain this unique environment for our residents.

 I am asking for your vote as a candidate for Sewall’s Point Commission which will allow me the opportunity to represent the residents.

 Thank you for your consideration.

 Vinny Barile

Candidate for Sewall’s Point Commission


Paul Robert Schoppe

E-Mail: askpaulschoppe@comcast.net

Born Stuart Florida- Lives in Sewalls Point since 1973

Office running for- Commissioner Sewalls Point Occupation- Podiatrist "Family Foot & Ankle"

 Marital Status- Married to Laura Schoppe Children- Eleanor (Ellie) 6 & Margaret (Meg) 3

Political Background - Alternate for Zoning Board '06-Present Board of Underground Utilities'06-Present

- President Palm Row Association, Sewalls Point 2004-2005

Airport noise committee Dec 07-Present~ Real Estate - 8 & 9 Palm Rd. Stuart, Fl.

Current civic activities- -Youth Minister St. Joseph's 2001-Present - Board Member "Light of the World Charities'

- Volunteer "Volunteer's in Medicine"- Coach- YMCA, Stuart

• Goal: To serve my neighbors to the best of my God given abilitity.


    Web Writer Notes:

 Mr. Schoppe was one of many (victims?) solicited by the "former" building  clerk Laura aka "Permit Princess"* to speak against the writer, this website,
 and others supporting the writer and other  Commissioners who were trying to get rid of the "gang of 4". I.e., "we'll show you who runs this town!"
 said "Permit Princess" screaming at the Secretary of former Town Atty. Permit Princess and her boss & the Chief all became formers thanks to this
 website and it's supporters. Whoops I digress. Many of the professionals called by "Permit Princess" to speak on behalf of
 the  B.O. Simmons at a Town Meeting went to the podium to speak pro B.O.  Mr. Schoppe was one of the many
 called by "Permit Princess". He had been a minor victim of B.O. turned supporter as " B.O. showed him how to do it", we
 paraphrase. Mr.. Schoppe was once again a victim! Of course Princess actions probably actionable as she used tax payers
 equipment, time & facilities to call Martin County professionals, builders, & some residents in support of the  Building Official.
 One out of town professional who we knew showed up but didn't speak, told us, "Princess" had called him soliciting his appearance.
 Always wondered how those calls went: " you show up or don't expect to work in the Point"? We never questioned anyone about how the calls read
 so as not to embarrass.

 We do remember Real Estate Atty. Twohey, Point resident,  who remarked how "fortunate we were to have a B.O. who  came to work at 5:30!
 We should be grateful". What an ignorant (opinion ) statement! He left out, arrives 5:30, makes coffee reads  paper, takes a dump, reads paper.
 Now 7:30AM, calls home, talks to spouse. 8:00AM other staffers arrive, coffee together   discuss last nights WWF wrestling match, "Antonio Rocco
 beat the crap out of Gorgeous George", OMG that was 1951!   BO decides to review some plans & re-write FEMA model ("on his own") to his liking.
 10:00AM coffee break, go to  Big Apple Cedar Pt w/Chief. leave there at 10:30, ride to Harley store together, our dime, Chief & BO.
 Return to Town hall. 11:55 lunch time, back at 1:15 or 30. resident comes in asking a question about his permit app, they have a lively discussion,
  resident would like some answers. BO's boss leaves (resident) BO shouts "I hate rich people"! 3:00PM BO starts getting ready to leave at 3:30!
  Secretary of former Town Atty. comes to Town hall asking for some paper work from Permit Princess  Laura, a discussion ensues,
 "We'll show you who runs this Town"! Screams the Princess as the lady leaves.

  The "Gang of 4" did run the Town for a while, that was while the Town, scrambled  thru a series of part time Town Managers
  etc. This website was born and led the charge to expose and run off the "Gang" members and expose the incredible lack
  of leadership and/or due diligence by the Commissioner form of government which eventually led to Charter change. *
  "Only a fool Never Changes His Mind".
* "PERMIT PRINCES" was a plaque stating same the she displayed on her desk counter. Given to her by resident builder/contravtor.
   P.S. sorry for the rant, it was for the new comers to the Point and/or this site.aka :"Newbies"

   Town needs financial review. A Commissioner Committee of three to be the "Financial Review Committee". All disbursements must be
   reviewed/approved  by the Committee prior to payment. "Consent Agenda" item doesn't work, a simple but inefficient listing of $ spent.
   i.e. minimal oversight of how our tax dollars are spent. Term Limits would be helpful in recruiting residents to run for office I.e. 2 year term
   w/a third a Commissioner option. Charter change to do this?


                    



Dec. 1, 07

* THE FOLLOWING 5 PAGES ARE ALMOST EXACT DUPLICATIONS. Almost meaning the numbers are accurate column line up may be off very slightly. page Numbers have been enlarged & highlighted.
web writer Don @ flashg36@yahoo.com

Re: "Statement of Revenues & Expenditures for the period 10/01/2006 to 09/30/2007"
 

 

 

 

 

,.,'

.:'--"";.1

Run: 10:02A

TOWN OF SEWALL'S POINT

 

 

 

Page 1

 

10/22/2007

STATEMENT OF REVENUES & EXPENDITURES

 

 

(12) 09/30/2007

 

 

FOR THE PERIOD 10/01/2006 TO 09/30/2007

 

 

 

 

 

Current Actual

Current Budget

YfDActual

YfD Budget

 

GENERAL FUND

 

 

 

 

 

 

REVENUE

 

 

 

 

 

AD VALOREM TAXES

($246.41)

($0.00)

$1,550,486.57

$1,525,829.00

LOCAL OPTION SALES TAX

(0.00)

(0.00)

90,543.13

(0.00)

STATE COMMUNICATIONS TAX

5,555.18

(0.00)

66,545.05

67,000.00

ELECTRIC FRANCHISE

14,980.91

(0.00)

168,208.44

150,000.00

TOWN LICENSES

230.05

(0.00)

837.24

600.00

BUILDING PERMITS

8,005.60

(0.00)

200,074.57

144,000.00

RADON

(0.00)

(0.00)

15.50

(0.00)

IMPACT FEES

(0.00)

(0.00)

(0.00)

1,000.00

ROAD IMPACT FEE

123.00

(0.00)

448.00

(0.00)

SFWMD GRANT FUNDS

(0.00)

(0.00)

134,850.00

(0.00)

FORESTRY GRANT

(0.00)

(0.00)

(61.744.46)

(0.00)

STATE REVENUE SHARING

11.183.94

(0.00)

45,788.37

63.955.00

FUEL TAX REFUND

(0.00)

(0.00)

1,183.02

1,200.00

ALCHOLIC BEVERAGE TAX

(0.00)

(0.00)

1,380.86

1,500.00

HALF-CENT SALES TAX

43,184.72

(0.00)

224.520.93

267,970.00

FINES - TRAFFIC

(0.00)

(0.00)

28.309.83

25,000.00

CIVIL FINES

(0.00)

(0.00)

3.378.30

10,000.00

POLICE EDUCATION

(0.00)

(0.00)

1.856.50

2.600.00

P.O. GRANT

(0.00)

(0.00)

(41.35)

(0.00)

INTEREST

1,335.84

(0.00)

93,184.46

15,000.00

MISCELLANEOUS REVENUE

106.99

(0.00)

11,314.66

15,000.00

TOTAL REVENUE

$84,459.82

($0.00)

$2.561.139.62

$2,290,654.00

 

EXPENDITURE

 

 

 

 

 

TOWN COMMISSION:

 

 

 

 

 

 

PUBLIC RELATIONS

$15.103.87

$0.00

$63,380.65

$57,000.00

TRAVEUPER DIEM

0.00

0.00

0.00

300.00

NEWSLETTER/CALENDAR

0.00

0.00

816.96

4,000.00

TOTAL TOWN COMMISSION

$15.103.87

$0.00

$64,197.61

$61,300.00

TOWN MANAGER

 

 

 

 

 

 

SALARY - TOWN MANAGER

$8.666.66

$0.00

$104,749.86

$107,600.00

FICA - TOWN MANAGER

652.80

0.00

7.926.70

6,900.00

PENSION-TOWN MANAGER

1.300.00

0.00

15,600.00

16,940.00

HEALTH INSURANCE-TOWN MANAGER

1.062.40

0.00

16,355.73

12,140.00

WORKERS' COMP-TOWN MANAGER

0.00

0.00

609.00

609.00

TRAVEUPER DIEM-TOWN MANAGER

133.33

0.00

9,081.38

9.600.00

RE-01-1

 

 

 

 

 

 





Run: 10:02A

TOWN OF SEWALL'S POINT

 

 

Page 2

10/22/2007

STATEMENT OF REVENUES & EXPENDITURES

 

 

(12) 09/30/2007

 

FOR THE PERIOD 10/01/2006 TO 09/30/2007

 

 

 

 

Current Actual

Current Budget

YTDActual

YTD Budget

OTHER - TOWN MANAGER

$294.39

$0.00

$2,083.29

$1,100.00

DUES/BOOKSfTOWN MANAGER

344.25

0.00

1,619.11

3,300.00

TRANSFER EXPS TO TRNSPT FUND

0.00

0.00

(7,909.00)

(7,909.00)

TOTAL TOWN MANAGER

$12,453.83

$0.00

$150,116.07

$150,280.00

TOWN CLERK:

 

 

 

 

 

SALARY-TOWN CLERK

$15,544.82

$0.00

$79,792.31

$70,429.00

TWN.CLRK.SICK LEAVE INCENTIVE

0.00

0.00

480.11

1,480.00

FICA-TOWN CLERK

1,189.17

0.00

6,140.71

5,453.00

PENSION-TOWN CLERK

876.00

0.00

10,512.00

8,778.00

LIFE/HEALTH INSUR.-TOWN CLERK

692.62

0.00

7,475.41

8,107.00

WORKERS COMP-TOWN CLERK

0.00

0.00

287.00

287.00

PROFESSIONAL SERV.-TOWN CLERK

550.00

0.00

5,024.66

4,000.00

TRAVEUPER DIEM-TOWN CLERK

299.76

0.00

640.74

750.00

REPAIRS/MAINT./OFFICE EQUIP.

344.25

0.00

344.25

250.00

OFFICE SUPP./PRINTING

1,113.42

0.00

3,957.08

3,500.00

BANK CHARGES

(157.89)

0.00

1,618.92

0.00

DUES/BOOKS/SCHOOUTOWN CLERK

0.00

0.00

308.90

500.00

TRANSFER EXPS TO TRNSPT FUND

0.00

0.00

(5,176.00)

(5,176.00)

TOTAL TOWN CLERK

$20,452.15

$0.00

$111,406.09

$98,358.00

BUILDING DEPT:

 

 

 

 

 

SALARI ES-BLDG. OFF ./CLERK

$9,829.98

$0.00

$116,188.74

$118,000.00

BLDG.DEPT.SICK LEAVE INCENTIVE

0.00

0.00

440.64

1,480.00

SALARY-BUILDING INSPECTOR

2,265.00

0.00

25,362.50

15,787.00

BLDG DEPT - PAYROLL TAXES

897.96

0.00

10,834.92

13,770.00

PENSION-BUILDING OFFICIAL

1,474.00

0.00

13,028.00

12,500.00

LIFE/HEALTH INS.-BLDG.OFFICIAL

2,486.53

0.00

22,858.86

24,500.00

WORKERS'COMP.BUILDING OFFICIAL

0.00

0.00

11,965.00

11,965.00

PROFESSIONAL SERV.BLDG.DEPT.

0.00

0.00

9,500.00

0.00

TRAVEUPER DIEM/BUILDING DEPT.

0.00

0.00

140.45

1,540.00

COMMUNICATIONS-BUILDING DEPT.

100.50

0.00

2,430.73

1,550.00

AUTO INSURANCE-BUILDING DEPT.

0.00

0.00

550.00

550.00

COMPUTER MAl NT. BUILDING DEPT.

879.78

0.00

3,920.94

2,850.00

REP .MAINT .vEH ICLE/BLDG.DEPT.

230.24

0.00

482.05

1,000.00

PRINTING-BUILDING DEPARTMENT

0.00

0.00

846.96

1,540.00

OFFICE SUPPLIES-BUILDING DEPT.

868.67

0.00

5,084.19

7,200.00

FUEUOIL-BUILDING DEPARTMENT

53.75

0.00

774.22

1,320.00

DU ES/BOOKS/SCHOOUBLDG.DEPT.

67.90

0.00

1,394.73

2,200.00

EQUIPMENT/BUILDING DEPARTMENT

0.00

0.00

2,305.09

1,320.00

BLDG.PERMIT FEES TO MARTIN CO.

0.00

0.00

38,526.50

38,526.50

TRANSFER EXPS: TRANSPORT FUND

0.00

0.00

(15,980.00)

(15,980.00)

 

 

 

--

 

 

TOTAL BUILDING DEPT

$19,154.31

$0.00

$250,654.52

$241,618.50


 

Run: 10:02A

TOWN OF SEWALL'S POINT

 

 

 

Page 3

10/22/2007

STATEMENT OF REVENUES & EXPENDITURES

 

 

(12) 09/30/2007

 

FOR THE PERIOD 10/01/2006 TO 09/30/2007

 

 

 

 

Current Actual

Current Budget

YTDActual

YTD Budget

PUBLIC WORKS:

 

 

 

 

 

SALARY-PUBLIC WORKS

$3,989.10

$0.00

$57,008.52

$79,496.00

OVERTIME-PUBLIC WORKS

0.00

0.00

633.47

0.00

SALARY-PUBLIC WORKS-OVERTIME

0.00

0.00

0.00

1,000.00

PUBWKS.SICK LEAVE INCENTIVE

0.00

0.00

520.12

1,960.00

FICA-PUBLIC WORKS

294.38

0.00

3,803.99

6,080.00

PENSION-PUBLIC WORKS

462.00

0.00

5,851.00

11,900.00

HEALTH/LIFE INS.PUBLIC WORKS

1,238.34

0.00

14,328.53

29,664.00

WORKERS' COMP.PUBLIC WORKS

0.00

0.00

7,429.00

7,429.00

UTILITIES·PUBLIC WORKS

1,441.88

0.00

16,908.66

18,000.00

AUTO INSURANCE-PUBLIC WORKS

0.00

0.00

1,540.00

1,540.00

BUILDING REPAIRS/MAINTENANCE

335.99

0.00

10,526.82

15,760.00

PARKS REPAIRS/MAINTENANCE

1,125.58

0.00

20,949.22

33,600.00

OPERATING SUPPLIES-PUB.WORKS

32.34

0.00

1,244.19

2,000.00

FUEUOIL·PUBLIC WORKS

252.54

0.00

2,517.08

3,300.00

EQUIPMENT-PUBLIC WORKS

0.00

0.00

1,239.80

2,600.00

EQUIPMENT REPAIRS/MAINTENANCE

0.00

0.00

3,213.28

1,900.00

REP AI RS/MAI NTENANCE-GROUNDS

1,410.00

0.00

8,355.99

4,400.00

TELEPHONE - PUBLIC WORKS

0.00

0.00

404.71

600.00

TRANSFER EXPS TO TRNSPT FUND

0.00

0.00

(176,663.00)

(176,663.00)

TOTAL PUBLIC WORKS

$10,582.15

$0.00

($20,188.62)

$44,566.00

PUBLIC SAFETY:

 

 

 

 

 

VEHICLE REPLACEMENT

$0.00

$0.00

$0.00

$27,000.00

SALARIES-PUBLIC SAFETY

35,372.90

0.00

415,961.64

490,279.00

CLERICAL ASSISTANCE

2,475.00

0.00

20,153.67

17,040.00

OVERTIME·PUBLIC SAFETY

1,163.78

0.00

13,568.63

13,600.00

COURT OVERTIME·PUBLIC SAFETY

383.04

0.00

6,157.81

6,000.00

HOLDAY PAY-PUBLIC SAFETY

0.00

0.00

18,558.43

16,144.00

SICK LEAVE-PUBLIC SAFETY

0.00

0.00

1,960.71

3,700.00

PD MILEAGE REIMBURSEMENT

829.44

0.00

10,437.12

14,991.00

FICA-PUBLIC SAFETY

3,007.88

0.00

36,970.06

36,856.00

PENSION-PUBLIC SAFETY

4,799.00

0.00

54,098.32

72,267.00

LIFE/HEALTH INS.-PUBLIC SAFETY

7,683.69

0.00

79,664.30

110,929.00

WORKERS' COMPo

18,886.01

0.00

34,951.00

34,951.00

PROF. SERVICES

0.00

0.00

6,707.95

8,200.00

TRAVEUPER DIEM

92.56

0.00

602.03

3,000.00

TELEPHONE EXPS

426.22

0.00

7,386.87

8,800.00

AUTO INSURANCE

0.00

0.00

2,894.00

2,894.00

R/M VEHICLES

1,278.70

0.00

7,667.16

9,750.00

R/M RADIOS

856.08

0.00

1,712.16

2,500.00

R/M EQUIPMENT

1,330.00

0.00

3,694.07

6,130.00

NEW EQUIPMENT

0.00

0.00

4,394.41

4,050.00

PRINTING

0.00

0.00

3,166.47

2,000.00

OTHER EXPENSES

13.15

0.00

4,115.58

3,900.00

RE-Ol-l

 

 

 

 

 


 

Run: 10:02A

TOWN OF SEWALL'S POINT

 

 

 

Page 4

10/22/2007

STATEMENT OF REVENUES & EXPENDITURES

 

 

(12) 09/30/2007

 

FOR THE PERIOD 10/01/2006 TO 09/30/2007

 

 

 

 

Current Actual

Current Budget

YTDActuaJ

YTD Budget

CRIME PREVENTION

$465.87

$0.00

$739.19

$1,000.00

OFFICE SUPPLIES

2,503.10

0.00

6,591.97

6,016.00

OPERATING SUPPLIES

0.00

0.00

873.99

3,200.00

FUEL/OIL

1,631.76

0.00

20,518.19

34,692.00

UNIFORMS

2,922.40

0.00

6,927.07

5,504.00

ENFORCEMENT SUPPLIES

0.00

0.00

0.00

1,000.00

SCHOOLS/BOOKS/ED EXPS

0.00

0.00

5,620.87

6,000.00

MEM BERSH I PS/SU BSCRI PTI ONS

0.00

0.00

1,268.40

1,105.00

FIRE/RESCUE

38,100.73

0.00

164,399.83

164,399.00

DISASTER RELIEF

490.00

0.00

(7,591.41)

1,500.00

TOTAL PUBLIC SAFETY

$124,711.31

$0.00

$934,170.49

$1,119,397.00

GENERAL ADMINISTRATION

 

 

 

 

 

ORDINANCE CODIFICATION

$0.00

$0.00

$4,668.54

$5,500.00

ANNUAL AUDIT

0.00

0.00

24,600.00

19,800.00

T.H. TELEPHONE

100.50

0.00

1,285.89

1,320.00

POSTAGE

0.00

0.00

4,243.93

4,000.00

L1ABI L1TY/PROPERTY/FLOOD

6,931.99

0.00

39,915.00

39,882.00

LEGAL ADVERTISING

0.00

0.00

3,760.38

2,500.00

LEGAL COUNSEL

5,247.50

0.00

50,634.35

60,000.00

TOTAL GENERAL ADMINISTRATION

$12,279.99

$0.00

$129,108.09

$133,002.00

PLANN I NG,ZONING,CODE,ENGI NEERI NG

 

 

 

 

 

BOARD ZONING ADJUSTMENT

$0.00

$0.00

$6,003.66

$6,000.00

CODE ENFORCEMENT BOARD

388.50

0.00

6,925.50

6,000.00

 

---

 

 

 

 

TOTAL PLANNING,ZONING,CODE & ENGINEERING

$388.50

$0.00

$12,929.16

$12,000.00


 

TOTAL EXPENDITURE, GENERAL FUND                                                                                   $215,126.11                    $0.00                              $1,632,393.41                $1,860,521.50                                                                                                                                

NET OPERATING SURPLUS (DEFICIT)                                                                                      ($130,666.29)                                            ( $0.00)                                  $928,746.21                  $430,132.50                                                                             


RE-01-1

 


PAGE 1 OF WHAT*

Run: 10:04A

TOWN OF SEWALL'S POINT

 

 

 

Page 1

10/22/2007

STATEMENT OF REVENUE & EXPENSES

 

 

 

(12) 09/30/2007

 

FOR THE PERIOD 10/01/2006 TO 09/30/2007

 

 

 

 

Current Actual

Current Budget

YTDActual

YTD Budget

 

TRANSPORTATION, HIGHWAYS & STREETS FUND

 

 

 

 

REVENUE

 

 

 

 

GASTAX

$16,155.36

($0.00)

$196,743.12

$225,112.00

STATE REVENUE SHARING

4,059.30

(0.00)

15,650.38

19,849.00

INTEREST

(0.00)

(0.00)

410.13

158.00

TRANSFER EXPS FROM GEN. FUND

(0.00)

(0.00)

205,728.00

205,728.00

TOTAL REVENUE

$20,214.66

($0.00)

$418,531.63

$450,847.00

 

EXPENDITURE

 

 

 

 

ADMINISTRATION

$0.00

$0.00

$0.00

$29,065.00

PUBLIC WORKS WAGES

0.00

0.00

0.00

63,596.00

PUBLIC WORKS/OTHER COSTS

0.00

0.00

0.00

45,107.00

TRANSPT-PAYROLL TAXES

0.00

0.00

0.00

7,088.00

TRANSPORT -ENGI N EERI NG

2,945.00

0.00

27,182.18

15,000.00

ROAD MAINTENANCE

57.37

0.00

27,448.00

165,000.00

STREET LIGHTING

1,880.50

0.00

27,824.05

55,000.00

TRAFFIC CONTROL

0.00

0.00

1,420.90

2,750.00

TOTAL TRANSPORTATION EXPS

$4,882.87

$0.00

$83,875.13

$382,606.00

CAPITAL OUTLAY

0.00

0.00

172,433.41

0.00

 

 

 

 

---

 

NET SURPLUS (DEFICIT)

$15,331.79

($0.00)

$162,223.09

$68,241.00


RE-01-1
 




Tuesday, Oct. 23, 2007

ORD. 342 NOISE 1ST READING

 

ORDINANCE No.342

AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF SEWALL'S POINT, FLORIDA, CODE OF ORDINANCES, CHAPTER 22, ARTICLE III, SECTION 22-61 ENTITLED "DEFINITIONS"; 22-65 ENTITLED "LOUDSPEAKERS"; 22~67 ENTITLED "CONSTRUCTION WORK; DOMESTIC POWER TOOLS"; 22-68 ENTITLED "USE AREA NOISE LEVEL"; AND 22-71 ENTITLED "VIOLATION PENALTIES"; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Town of Sewall's Point, Florida is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statues; and

WHEREAS, the Town Commission has adopted code provisions pertaining to noise in the Town, which have been codified in Article III of Chapter 22, of the Code of Ordinances; and

WHEREAS, the Town Manager has recommended to the Town Commission that the Town Code of Ordinances at Article III, Sections 22-61,22-65,22-67,22-68 and 22-71, be amended to further the public's health, safety and general welfare; and

WHEREAS, the Town Commission has reviewed these recommendations and determined that amending Chapter 22, Article III, Sections 22-61,22-65,22-67,22-68 and 22­71 of the Town Code furthers the public health, safety and general welfare of the residents and citizens of the Town.

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 legislative findings of the Town Commission.

1
 


 

Section 2. Section 22, Article III, Section 22-61 of the Town Code of Ordinances entitled "Definitions" is hereby amended to read as follows:

Sec. 22-61. Definitions.

Outdoor livinq space means any constructed exterior environment typically used or enjoyed by a resident to conqreqate or entertain quests, relax or otherwise benefit from, outside of the primary residence but within the confines of the resident's property.

Section 3. Chapter 22, Article III, Section 22-65 of the Town Code of Ordinances entitled "Loudspeakers" is hereby amended to read as follows:

Sec. 22-65. Loudspeakers.

It shall be unlawful for any person to use or operate or cause to be used or operated any mechanical device, machine, apparatus or instrument for the intensification or amplification of the human voice or any sound or noise in any public or private place in such manner that the peace and good order of the neighborhood is disturbed or that persons owning, using or occupying property in the neighborhood are disturbed or annoyed. The "peace and good order of the neighborhood" is disturbed where noise exceeds the parameters set out in section 22­65§.. Whether persons owning, using, or occupying property in the neighborhood are disturbed or annoyed as prohibited by this section, is not a subjective standard and shall be governed by whether a reasonable person of normal sensibilities would be disturbed or annoyed, and where the noise would have an adverse affect on the normal physiological and physiological well­being of reasonable, typical persons in good health.

Section 4. Chapter 22, Article III, Section 22-67 of the Town Code of Ordinances entitled "Construction work; domestic power tools" is hereby amended to read as follows:

Sec. 22-67. Construction work; domestic power tools.

(a) It shall be unlawful for any person to perform any construction work (including, but not

limited to building, demolition, dredging or excavating), between the hours of 5:00 p.m. and

2


 

8:00 a.m. and at all times on Sundays. This section shall not prohibit the use of domestic power tools, lawn maintenance devices, and repairs performed by the property owner between the hours of 5:00 P. M until 8:00 P.M. Monday throuqh Saturday and from 10:00 A.M. until 4:0Q P. M. Sunday, provided th3t tIhe noise from wffi all other residential activities Gees shall not exceed gQ 65 DBA measured from the constructed outdoor livinq space of the complainant's property, durinq the times when noise qeneratinq activity is requlated as provided herein. at thn ROIJrr.n from '.vhir.h thA Rnl Inri nm:1n:1tAR The! nniRn mn:1RllmmAnfR Rh:111 hA r.nnrilldnri

:1lnnn thn "nrtir.~1 nl~nA nf thn nrnnnrt" hnl Inrhnf nr :in"..,hnrn nl~n nn thn rnr.ni"inn nrnnnrt"

Section 4. Chapter 22, Article III, Section 22-68 of the Town Code of Ordinances entitled "Use area noise level" is hereby amended to read as follows:

Sec. 22-68. Use area noise level.

Maximum permissible sound levels by receiving use occupancy: No person shall operate or cause to be operated any source of sound from any occupancy in such a manner as to create a sound level which exceeds the limits set forth for the receiving use occupancy category in Table 1, below, more than ten percent of any measurement period, which shall not be less than ten minutes when measured from the constructed outdoor Iivinq space of the complainant's property, durinq the times when noise qeneratinq activity is requlated.

TABLE Inset (OLDTABLE) 

 

 

 

Sound Limit Level

Use Occupancy Category

Time

 

 

(dba)

 

8:00 a.m. 10:00 p.m.

55

Residentia1/Public Service

 

 

10:00 p.m.  8:00 a..m.

50

Business

8:00 a.m. 10:00 p.m.

65

 

10:00 p.m.  8:003a..m.

55

3
 


(NEW TABLE)

 

Use Occupancy Categorv

Time

Sound Limit level (dba)

 

8:00 A.M.- 5:00 P.M.

 

Contractors/Public Service

Monday - Saturday

Not Requlated

 

8:00 AM.- 8:00 P.M.

 

Residential Use

Monday - Saturday

Not Requlated

 

10:00 AM.- 4:00 P.M.

 

Residential use

Sunday

Not Requlated

 

8:00 A.M.- 10:00 P.M.

65

Business Noise limits

10:00 P.M.- 8:00 AM.

65

 

8:00 P.M.- 8:00 AM.

 

 

Monday - Saturday

 

Residential Noise Limits

4:00 P.M.- 8:00 AM.

65

 

Sunday - Monday

 

Section 5. Chapter 22, Article III, Section 22-71 of the Town Code of Ordinances entitled "Violation Penalties" is hereby amended to read as follows:

Sec. 22-71. Violation penalties.

(a) Any person or entity violating any provision of this article (may) shall be punished by a fine.
(b)
Violations cumlative in nature. NEED TO RE-WRITE THIS SECTION, SCAN FAILURE 1tiom~ of thi~ ~rtir.ln hv ~n'.l inrlivirlll~1 or c:mtitv F:h311 be

counted by sep3r3te 3nd distinct me3surements reg3rdless of the cource of noise, however 3 viol3tion of this section m3Y occur \vithout the occ3sion of the me3curements being m3de 3S provided herein. E3ch ne',N measurement of the sound levels, '.vhether or not in tho S3me d3)' or upon tho samo cource of the noico, constitutes 3 sep3r3te violation of this article. Tho level of the fine 'Nill be incre3sed by, 3nd reflect the tot31 number of incidents for 'Nhich the person or nntitv iF: r.itnrl for viobtionR of thi~ ~rtir.ln Violations of this article shall be a Class A violation and shall be punishable as set forth in enforced pursu3nt to chapter 18. The procedure for punishing motor vehicle noise standards shall be as established in F.S. § 316.923, and applicable rules and regulations of the state department of environmental regulation in cooperation with the state department of highway safety and motor vehicles. Nothing

4


 

contained herein shall be construed to prohibit any person from commencing civil action against any person who is alleged to be in violation of any provision of this article, nor shall this article be construed to impair any other common law or statutory causes of action, or legal remedies of any person for injury or damage arising from any violation of this article or from other law.

Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.

Section 6. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.

Section 7. Codification. The sections of the ordinance may be made a part of the Town Code of Laws and ordinances and may be re-numbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word.

Section 8. Effective Date. This ordinance shall take effect immediately upon adoption.

Town of Sewall's Point First Reading: Date

5
 


 
ORDINANCE 340 - PROHIBITED NUISANCES on DEVELOPED OR VACANT LOTS
       LAWNS WEEDS JUNK ET AL

 

ORDINANCE NO. 340

AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF SEWALL'S POINT, FLORIDA, AMENDING CHAPTER 22, ARTICLE II SECTION 22-32 OF THE TOWN CODE ENTITLED "PROHIBITED NUISANCES ON DEVELOPED OR VACANT LOTS~; BY AMENDING CHAPTER 22, ARTICLE II, SECTION 22­33 OF THE TOWN CODE ENTITLED "ABATEMENT OF UNCULTIVATED VEGETATION; NUISANCES"; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Town of Sewall's Point, Florida is a duly constituted municipality having such power and authority

conferred upon it by the Florida Constitution and Chapter 166, Florida Statues; and

WHEREAS, the Town Commission has adopted code provisions pertaining to property maintenance in the Town, which

have been codified in Article II of Chapter 22 of the Code of Ordinances; and

WHEREAS, the Town staff has recommended to the Town Commission that Section 22-32 and Section 22-33 be

amended to further the public's health, safety and general welfare,

 


WHEREAS, the Town Commission has reviewed these recommendations and determined that amending Section 22-32

and Section 22-33 is necessary to further 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 legislative findings of the Town

Commission.

Section 2.

read as follows:

Section 22-32 entitled ·Prohibited nuisances on developed or vacant lots· is hereby amended to

 

Sec. 22-32. Prohibited nuisances on developed or undeveloped lots.

(10) a. Greater than 18 inches in height located on undeveloped lots (grubbed or undergrowth cleared).

as follows:

Section 3.

Section 22-33 entitled Abatement of uncultivated vegetation; nuisances·, is hereby amended to read

 

Sec. 22-33. Abatement of uncultivated vegetation; nuisances.

(a) All code enforcement officers are hereby empowered to enter upon and inspect lots on which a violation of this article is

suspected to exist. Any code enforcement officer shall be immune from prosecution, civil or criminal, for reasonable, good faith entry

upon a lot suspected of harboring a nuisance as defined herein while in the discharge of his or her duties authorized herein.

(b) If an inspection by a code enforcement officer reveals the presence of a code violation, the town shall provide the property owner

a notice of violation, which shall substantively state the following:

         1.     That the owner has ten days from the date of the notice of violation to abate the nuisance or to appeal the notice before the town's code enforcement board or special magistrate; and

2
 


          2.     That if the owner intends to appeal, a written request for an appeal must be received by the town within ten days

from the date of the notice; and

3. That a failure to abate the nuisance. whether or not the owner files an appeal With the code enforcement board or

special magistrate. within the time specified will result in the town taking such actions as necessary to abate the

nuisance and the cost of abatement shall be assessed against the lot, and

4. That the cost of the abatement, including mowing, administrative expenses and fines will be billed to the property

owner. If not paid within 30 days, a lien will be recorded against the lot to secure the recovery of the town's

expenses incunred in abating the nuisance.

(c) If the notice is returned unclaimed, or if the property owner fails or refuses to abate the nuisance in the time specified in the

notice town employees, or agents as the town may retain are herein authorized to enter upon the lot and to take such steps as are

reasonably necessary to effect abatement of the nuisance or take other such corrective action, as I,,, VI "I,,, the town deems

appropriate.

(d) If abatement is effected by the town as provided herein above, the cost to the town of abating the nuisance on each lot,

including administrative costs shall be calculated and assessed against the lot. The assessment shall describe the lot, enumerate the

cost of abatement, including the administrative fees incurred by the town. The town shall mail a notice of the assessment to the

address of the property owner as shown by the tax collector's records. Until full payment is received, assessments shall be a legal,

valid and binding lien upon the property. The assessment shall become due and payable to the town as of the date of the mailing

3
 



 

of the notice of assessment, interest shall begin to accrue at the rate of the maximum rate allowable by law per annum on any

unpaid portion thereof. The fees described herein shall be set by resolution of the town commission.

(e) A certified copy of the assessment shall be recorded by way of a claim of lien for assessments in the official records of the

Martin County Clerk of Court. The lien shall become effective on the date that a copy of the lien is recorded.

(f) Such lien assessments, together with interest thereon and a reasonable attorney fee, may be enforced by the town as in a

manner provided by Ch. 173, Florida Statues for foreclosure, of municipal tax and special assessments or foreclosed by civil action in

the same manner in which mortgage liens are foreclosed in the appropriate court of the law. The lien created hereby shall be a first

lien, equal to a lien for nonpayment of property taxes, on any lot against which an assessment for costs to abate a nuisance has

been recorded. The lien shall continue in full force until discharge by payment or otherwise, until settled and released by the town.

(g) The town shall mail a notice that a lien has been recorded against the lot to its owner. The notice shall be sent by certified or

registered mail. return receipt requested, to the owner's last know address as shown in the tax collector's records.

h) Nothing in this part shall prevent the town from pursuing abatement of a nuisance or enforcement of this article through other

processes or legal action.

(i)

Created by DPE, Copyright IRIS 2005

Created by DPE, Copyright IRIS 2005

 

the ~C}'''in commissIon trF'lt repe:=Jt

 

Created by DPE, Copyright IRIS 2005

 

1I<,l1le for all costs of the town

allatil1g the Violation. InclucJlnU bid

Created by DPE, Copyright IRIS 2005

 Created by DPE, Copyright IRIS 2005

 Created by DPE, Copyright IRIS 2005

 

Created by DPE, Copyright IRIS 2005
* Not legible from original - web writer note – will provide clarification when we get clear copy.

 

Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held

invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent

provision and such holding shall not affect the validity of the remaining portions thereof.

Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent

of such conflict.

Section 5. Codification. The sections of the Ordinance may be made a part of the Town Code of Laws and Ordinances and may

be re-numbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section: "division: or any other

appropriate word.

Section 6. Effective Date. This Ordinance shall take effect immediately upon adoption.




 


Ordinance 341  Election date changes
Letter from new Town Attorney follows:
 

The Law Office of

Glen J. Torcivia and Associates, P.A.
      
Northpoint Corporate Center
 701 Northpoint Parkway Suite 209

West Palm Beach, Florida 33407,1950
             
(56!) 686-8764 www.torcivialaw.com     

Glen J. Torcivia
Lara Donlon
Christy Goddeau
Jennifer Hunecke

October 18,2007

Mayor Busha and City Commissioners
Town of Sewall's Point

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

Re:       Ordinance No. 341 re: amendments to election provisions of charter and code

Dear Mayor and Commissioners:

Attached please find a copy of Ordinance No. 341 relating to amendments to the Town Charter and Code of Ordinances regarding the timing of the Town's primary and general elections. The amendments change the primary election date to be at the same time as the State of Florida primary election as established by state law and change the general election from the first Tuesday in March to the first Tuesday in November. These amendments will take effect beginning in the year 2012.

Preliminary research, based on a review of Florida Statutes, sections 100.3605 and 166.021(4), indicates that the Town may not be required to submit these charter amendments to the electorate for a vote. Attorney General Opinion, No. 2003-52 states,

The legislative history of the 1995 legislation amending section 166.021(4) and creating section 100.3065, however, indicates an intent that municipalities are authorized to amend their charters, whether those charters were adopted before or after July1, 1973, to change the election dates and qualifying periods for candidates, including any changes in terms of office necessitated by such amendment, without a referendum. A.G.O. 2003-52.

The Town's Charter, though, provides in Article III, Section 4 that the "Commission shall submit to the electors proposed amendments of the Charter in a manner in accordance with State laws." Although it could be argued that since State law does not require a referendum then one is not

 


1

required under the charter, the more conservative approach would be for the Town to submit these charter amendments to the electorate.

Florida law requires that the Commission place the proposed amendment contained in the ordinance to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose. As you are aware, the next general election is scheduled in March, 2008 and is an option for the placement of the referendum on the ballot. There is also the possibility of the Town calling a special election on the date of the January 29, 2008 to coincide with the presidential preference primary election. If the Commission opts for calling a special election on January 29, 2008, notice must be provided to the Supervisor of Elections by November 20, 2007. Accordingly, the Commission would have to convene a special meeting, prior to November 20, 2007, to adopt this ordinance and direct that it be placed on the January

                                                                        29, 2008 ballot.   .

I trust that the above information will assist you in your deliberations. Naturally, if you have any questions, please do not hesitate to contact me.

Sincerely,  

Created by DPE, Copyright IRIS 2005

GLEN J. TORCIVIA Town Attorney

GJT/jh

cc:        Robert Kellogg, Town Manager
 



Ordinance 341 follows:
 

ORDINANCE NO.: 341

AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF SEWALL'S POINT, FLORIDA, AMENDING THE TOWN CHARTER, SECTION 3, ARTICLE I, ENTITLED "TOWN COMMISSION - GENERALLY" AND ADDING A SECTION 1 0, ARTiCLE IX, TRANSITION SCHEDULE, AND AMENDING THE TOWN CODE OF ORDINANCES, CHAPTER 2, ARTICLE II, SECTION 2-33 ENTITLED "ELECTION OF MAYOR AND VICE­MAYOR; ELECTION OF CHAIR AND VICE-CHAiR"; CHAPTER 2, ARTICLE V, SECTIONS 2-202 ENTITLED "DATE OF ELECTION"; AND 2-205 ENTITLED "FILING AS CANDIDATE"; PROVIDING A BALLOT TITLE AND QUESTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Town of Sewall's Point, Florida (the "Town"), is a duly constituted

municipality having such power and authority conferred upon it by the Florida Constitution

and Chapter 166, Florida Statutes; and

WHEREAS, the Town Commission has adopted code provisions pertaining to

Town administration and municipal elections held in the Town, which have been codified

in Section 3, Article I of the Town Charter, Chapter 2, Article II and Chapter 2, Article V, of

the Town Code of Ordinances; and

WHEREAS, the Town Commission has considered various changes to the Town

Charter and Town Code of Ordinances that will change the election dates within the

Town;

WHEREAS, by workshop of the Town Commission, the Town Manager has

recommended to the Town Commission that the Town Charter at Section 3, Article I; and

the Town Code of Ordinances at Chapter 2, Article II, Section 2-33 and at Chapter 2,

Article V, Sections 2-202 and 2-205, be amended to provide for the conduct of the Town's

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primary elections concurrent with the State of Florida primary elections as set forth in Fla. Stat. §100.061 beginning in 2012 instead of holding the primary on the fourth Tuesday in February as currently required in Section 2-202 of the Code and to provide for the conduct of the Town's general municipal elections, including the election of the members of the Town commission, on the First Tuesday in November, beginning in 2012, instead of holding these elections on the First Tuesday in March as currently required in Section 3, Article I of the Town Charter; and

WHEREAS, the Town Commission has reviewed these recommendations and has determined that amending the aforesaid provisions of the Town Charter and Town Code of Ordinances furthers the public health, safety and general welfare of the residents and citizens of the Town.

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 legislative findings of the Town Commission.

Section 2. Section 3, Article I, Town Charter entitled "Town commission ­generally" is amended to read in its entirety, as follows:

Section 3. [Town Commission--Generally.]

That the corporate authority of said municipality shall be vested in a commission created by this Act. Said commission shall be composed of five members elected at large and shall be designated as the Town Commission of the Town of Sewall's Point, Florida. The term of office of each commissioner shall be four years, or until his

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successor is duly elected and qualified, except as hereinafter provided. The terms of

office shall be staggered.

Editor's note: Part of this section, on the first town commission members, which has not been amended by referendum after July 1, 1973, and which is not an extraterritorial power, has been editorially deleted as  unnecessary and obsolete. *Webwriters note the underlined above is deleted/lined thru.

On the first Tuesday in March, A.D. 1958 and thereafter on the first Tuesday in

March of each succeeding second year, an election of the registered, qualified voters of

said Town shall be held to elect successors to the Town Commissioners named and

designated by this Act. The commissioners who are elected shall assume office on the

third Tuesday in March following their election and shall immediately organize by electing

one of their members as Mayor, [and] one as Vice-Mayor. Beqinning in 2012, on the first

Tuesday in November and thereafter on the first Tuesday in November of each

succeedinq second year, an election of the reqistered, qualified voters of said Town shall

be held to elect successors to the Town Commissioners named and desiqnated by this

Act. Beqinninq in 2012, the commissioners who are elected shall assume office on the

third Tuesday in November followinq their election and shall immediately orqanize by

electinq one of their members as Mayor, randl one as Vice-Mayor.

Editor's note: Part of this section, on appointmont of certain officers, which has not been amended by referendum after July 1, 1973, and which is not an extraterritorial power, has been editorially deleted at the direction of the town attorney as unnecessary. The adoption of the election lawsS of the state is ccontained in the code of Ordinances. * Web writer note, The aforementioned underlined has been lined out , deleted.

Section 3. A new Section 10, Article IX., Town Charter entitled "Transition

schedule" is added to the Town charter, to read in its entirety, as follows:

Section 10. Transition schedule.

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Commissioners in office as of the third Wednesday in March, 2008 shall continue to hold office until their successors are elected and take office in accordance with the provisions of Section 3, Article I. Town Charter.

Section 4. Chapter 2, Article II, Section 2-33 of the Town Code of Ordinances

entitled "Election of mayor and vice-mayor; election of chair and vice-chair" is hereby

amended to read as follows:

Sec. 2-33. Election of mayor and vice-mayor; election of chair and vice-

chair.

Mayor and vice-mayor.

(a) Generally. The mayor and vice-mayor of the town commission shall be elected by the members annually.

(b) Date of election. The town commission shall conduct its election of mayor and vice-mayor at the regular meeting on the third Tuesday of March. If no regular meeting is held on the third Tuesday in March, the election shall be held at the first regular meeting after that date. Beqinninq in 2012, the town commission shall conduct its election of mayor and vice­mayor at the reqular meetinq on the third Tuesday of November. If no reqular meetinq is held on the third Tuesday in November, the election shall be held at the first reqular meetinq after that date.

(c) Consecutive terms. Any individual elected to the position of mayor and vice-mayor of the town commission shall not serve more than one full term (one year) without being reelected. The town commission may decide to elect new officers prior to the end of the one-year term.

(d) Vacancies. A vacancy in the office of mayor or vice-mayor shall require an election to fill the position. The vice-mayor shall not automatically fill the unexpired term, and shall serve as interim mayor until the first opportunity to hold an election.

Section 5. Chapter 2, Article V, Section 2-202 of the Town Code of Ordinances

entitled "Date of election" is hereby amended to read as follows:

Sec. 2-202. Date of elections.

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Regular municipal elections shall be held as provided in article I, section 3 of the Charter. Primary elections, if necessary as provided for in Section 2-206 of this Article, shall be held on the fourth Tuesday in February in even years. Beqinninq in 2012, primary elections shall be held concurrent with the State of Florida primary elections as set forth in Fla. Stat. ~ 100.061.

Section 6. Chapter 2, Article V, Section 2-205 of the Town Code of Ordinances

entitled "Filing as candidate" is hereby amended to read as follows:

Sec. 2-205. Filing as candidate.

The town commission shall print upon the ballot for a town election the names of any candidate for town commission who possesses the qualifications as prescribed under the provisions of the Charter for such office, and who shall file with the town, not more than 4560 days and not less than +M5 days prior to the day of the primary election, an oath or affirmation in writing in which he shall state the title of the office for which he is a candidate, that he is qualified under the constitution and laws of the state and laws and ordinances of the town to hold the office for which he desires to be nominated, and that he has not violated any of the laws of the state, or town relating to elections or registration of voters.

            Section 7.         In accordance with the Florida Constitution, Chapters 101 and 166,

Florida Statutes, as amended, the Charter and the Code of Ordinances of the Town, the amendments to the Town Charter and Code of Ordinances contained herein shall be submitted to the qualified electors of the Town of Sewall's Point, Florida, for the purpose of determining the question of whether such amendments shall be adopted.

Section 8. The Ballot Title shall be as follows:

TOWN TO AMEND ITS GENERAL ELECTION AND PRIMARY ELECTION SCHEDULES.

             Section 9.        The following question shall be placed on a ballot for consideration

by the qualified electors of the Town of Sewall's Point, Florida. The election ballot question shall read as follows:

SHALL THE TOWN OF SEWALL'S POINT AMEND ITS CHARTER AND RELATED SECTIONS OF ITS CODE OF ORDINANCES TO ESTABLISH THE TOWN'S GENERAL ELECTION ON THE FIRST TUESDAY OF NOVEMBER AND THE MAYOR AND VICE-MAYOR ELECTIONS ON THE THIRD TUESDAY OF NOVEMBER, BOTH

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BEGINNING IN 2012, AND TO ESTABLISH THE TOWN'S PRIMARY ELECTION CONCURRENT WITH THE STATE OF FLORIDA PRIMARY ELECTION AS ESTABLISHED IN FLA. STAT. §101.061 ALSO BEGINNING IN 2012.

              FOR AMENDMENTS                                                                                                AGAINST AMENDMENTS

                                                                  --                                                                                             ---

Section 10. The Town Clerk of the Town of Sewall's Point, Florida, is hereby

authorized and directed to advertise the Referendum Election in accordance with the Town Charter and Code of Ordinances, and any other applicable law.

Section 11. The return of the votes cast at said election shall be made to and canvassed in accordance with the Town Charter and Code of Ordinances. If a majority of the votes cast at such election in respect to the amendments shall be "For Amendments", such amendments shall be thereby approved.

Section 12. Severabilitv. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.

Section 13. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.

Section 14. Codification. The sections of the Ordinance may be made a part of the Town Code of Laws and Ordinances and may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word.

Section 15. Effective Date. This Ordinance shall take effect immediately upon adoption. The provisions of Sections 1 through 6 of this ordinance shall only be effective upon the affirmative vote of the Town electorate approving such measures.

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Wednesday Sept.5, 2007

Police Bulletin: Home burglary @  North Ridgeview Rd. Tues. Sept. 4 between 10:00 A.M. & 2:00:P.M. Missing LCD TV, X Box & jewelry. Home was trashed in the process. Burglary @ Hillcrest Dr.,Thursday Aug. 23, same M.O. Rash of burglaries in Martin County, 20 or so last 30 days. Police believe crimes committed using rental cars from Palm Beach county. Hitting homes that are well concealed from street side.