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HomeMy WebLinkAbout2004 05 10 Informational 307 COMMISSION AGENDA ITEM 307 CONSENT INFORMATIONAL X PUBLIC HEARING REGULAR May 10, 2004 Meeting MGR. (Y" /DEPT //f/ Authorization REQUEST: Public Works Department is advising the City Commission that Street Signs can no longer be sold to Private Subdivisions PURPOSE: This agenda item is to provide the City Commission with research provided by the City Attorney's office on the sale of street signs to private developments. CONSIDERA TION: The issue of municipal sales of street signs to private entities was raised in 2003 by a sign vendor who objected to the City's practice and advised us that it was illegal. The concern was forwarded to the City Attorney for an opinion which we recently received. A copy is attached. The City Attorney's office confirmed the sale of traffic control devices to nongovernmental entities is prohibited under 316.0745(5), Florida Statutes although the enforcing entity, FDOT, has indicated they have no interest in enforcing the statute. Regardless ofFDOT's enforcement interests, Staff has discontinued the sale of traffic control devices to nongovernmental entities. The only other alternative available to not violate the statutes would be to give away the signs. ATTACHMENTS: 1. Sale of Manufactured Signage Opinion Letter from Brown, Salzman, Weiss & Garganese, P.A. COMMISSION ACTION: A TT ACHMENT NO. 1 BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Law Usher L. Brown · Jeffrey P. Buak" Suzanne D'AgrestaD Anthony A. Garganese" Gary S. Salzmano John H. Ward' Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Viera Debra S. Babb-Nutcher Joseph E. Blitch John U. Biedenharn, Jr. Lisa M. Fletcher Douglas Lambert Katherine Latorre Michelle A. Reddin Kimberly F. Whitfield 'Board Certified Civil Trial Lawyer .oBoard Certified Business Litigation Lawyer . . "Board Certified City, County & Local Government Law Erin J. O'Leary Of Counsel April 29, 2004 Kip Lockcuff Public Works/Utility Director City of Winter Springs, Florida 1126 East State Road 434 Winter Springs,-.FL 32708-2799 ~ sal~ of Manufactured Signage City of Winter Sprfngs-General File (1193) . Dear Kip: This letter is in response to your request for a legal opinion regarding the City's current practice of selling manufactured traffic signs to private entities. You expressed concern because this practice is prohibited under section 316.0745(5), F/orida Statutes, which provides that it is unlawful for a public body to sell traffic control signals, guides, or . . directional signs it manufactures to any nongovernmental entity or person. To date, there are no relevant cases, administrative. rules or attorney general opinions addressing this section of the statute. Additionally, as wepreviously discussed, the brief conversation', had with the general counsel's office for FOOT failed to provide any helpful information. Indeed, I was left with the impression that FOOT had better things to do than worry about enforcing section 316.0745, even though it is in FOOT's exclusive jurisdiction to do so. Nevertheless, because there is no supplemental legal authority addressing section 316.0745(5), the City must abide by the plain language of the statute and cease the sale of traffic control signals, guides, or directional signs or devices it manufactures to nongovernmental entities or persons. As defined in chapter 316, "traffic control devices" include all signs, signals, markings, and devices placed or erected for the purpose of regulating, warning, or guiding traffic. "Traffic control signals" are defined as any device, 225 East Robinson Street, Suite 660 . P.O. Box 2873 . Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596. Kissimmee (321) 402-0144. Cocoa & Vier;;; (866) 425-9566 Website: www.orlandolaw.net . Email: firm@orlandolaw.net ~ . Kip Lockcuff April 29, 2004 Page 2 whether manually, electrically, or mechanically operated, by which traffic is alternately directed to. stop and permitted to proceed. However, it is noteworthy that section 316.0745(5) apparently would not prohibit the City from giving the traffic control devices away at no cost. , In sum, it is in the City's best interest to begin referring nongovernmental entities that are interested in purchasing traffic control devices, such as homeowners' associations . and property management companies, to outside, independent vendors in order to obtain the traffic control devices and signs mentioned above. Please contact my office should you have any further questions or concerns regarding this matter. Very Truly Yours, f1/LJ&uh)-v~ Kate Latorre G:\Docs\City of Winter Springs\Correspondence\Lockcuff, KiplLockcuff re sale of manufactured signage 4.29.04.wpc