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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
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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Updated
Friday, 10-Aug-2001 11:20:33 EDT |
Mailing Address:
Martin County Administrative Center
2401 SE Monterey Road
Stuart, FL 34996
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"
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TOWN OF SEWALL'S POINT |
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Page 1
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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 |
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TOWN OF SEWALL'S POINT |
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Page 2 |
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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)


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

1I<,l1le for all costs of the town
allatil1g the
Violation. InclucJlnU bid




* 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,

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
PAGE 1
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
PAGE 2
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.
PAGE 3
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.
PAGE 4
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
PAGE 5
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.
PAGE 6
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. | |