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HomeMy Public PortalAbout05/14/2014 * Case #CE-2-13 * O'BoyleBuilding Planning and Zoning Department Town of Gulf Stream 100 Sea Road FL 33483 Article #173 This copy delivered to Attny. Gershman & identified as Article #174. CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASE NO: CE 2 -13 Ph. (561) 276 -5116 Fax (561) 737 -0188 5 -14 -13 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL MAGISTRATE of the Town. 1. Location/Address where violation(s) exist(s): 23 Hidden Harbour Drive 2. Legal Description: Lot 5 Hidden Harbour Estates 3. Name and address of owner /person in charge where violation(s) exist(s): Martin E. O'Boyle, 23 S Hidden Harbour Drive Gulf stream, Florida 114 1 Sign painted on S side of dwelling 4. Violation of Town Code Section(s) and description(s): & multi- colored strives painted on N Sec. 66 -446 prohibits any sign not listed as being permitted. This sign not listed. Sec. 70- 106(b)(3) lists approved colors for Spanish Mediterranean structures & colors ttfff are use are nou on ctris approvea li ec. - e. p ovi s cna t change: in exterior wall colors require a Level 1 Architectural /Site Plan Review, which is a staff review aR4 t No g a aid no +i {er these changes. (SEE ATTACHED "EXHIBITS OF VIOLATION ") 5. Date of First Inspection: _April 30. 2013 Faxed notice on 5 -1 -13. Refused to accept hand delivered notice 5 -1 -13 6. Date owner first notified of violation(s): Accepted notice at Town Hall on 5 -8 -13 Was given 48 hours which was May 3, 2013 7. Date on/by, which violations are to be corrected: in the notice he refused but was sent via fax. ****** * * * * * * * * * * * * * * * * * * * * *RvIPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * ** Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561- 276 -5116 to verify COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HERBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf Stream Code Enforcement Special Magistrate on 6-4 -13 at 2 P.M. or as soon thereafter as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf Stream, Florida. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Magistrate may base his/her findings solely upon presentation by the Town Code Inspector William H. Thrasher, Town Manager Town of Gulf Stream 9115- 9LZ(199) £8b££'ld `nn=aIISAnD psog saS 001 utaa.nS3InDJO uMOI xI uMOy `IOIAU L - I sIr 'Ag A'IDMCI I000V dIgSUflOA MdaAOJ HSVHlcl I5010,98Z Sd) pasuq aq of st Isaddu gotgtA uodn aouaptna puu Auounlsal sapnlout pl000i gotgM uodn `opuui st s9utpaaaoad agl 3o plOaal unluglaA s lsgl amsua of paau Auut Amp `asodmd-gans Io; puu `sgutpoaooid ogl3o piooal s paau II ?M Amp '8utlaatu loofgns lu palaptsuoo snustu ,Sus of loadsai ip!Ax alu4st2syg IutoadS atg Aq opuui uotstoap Aus Isaddu of soptoap uosiod s 3I •9SVO IMOA WEI IISNOOMd Ol aIV2LLSI9VW TVIOgdS 9HJ, 2IOd LgW gS ISf1W .LSgflagld HOflS Nod SLM9WMfla92I'I'IV 'SJSanbUU HOPIS ANV 2IOd KVMUS d-MD 30 NMOI FIHI Ol (IFUJIMM gS ISM ggd S.LVIUd02IddV 9HI QNV MOI.LVOI IddV UL, `gNId NI MOI.LOfIQgN u lsonbal of gstM noA pus aoustldutoo to Mou st pus IUTJ ut seM osuo inoA ;t Io uosuai Auu Io; osuo moA 2IgCIISN00g d olullsifi3W IutoadS atg anuq of gstM noA 3I •palalua st Iap10 s,alualstSEw IutoadS aql Iagu SAVQ 0£ utgltM A.LNf100 HOVgS YiIVd 30 .L2If100 ,LIf102II0 oql of Isadds Arta noA 'alu4st8syq IutoadS aql ;o uotstoap s gltM aar$ustp noA 3I •NMOI 9HI AS MOIIDV NOI DaTIOO GNV MMS0I0g2IOd NI L MSg2I MVO S9MJ H0f1S AVd OZ MM'HV3 YIOA AS UM MO Al- dad02Id 'IVNOSUgd 210 IVaN ANV NO M9I l V aJfUlISNOO TIVHS S9MJ HOPIS 'g,LV'JLSI0VW Tb'IOHdS alll AS Gasoa m gS I IIM SaNud `amist$uW IutoadS oq1 alopq asuo moA Sutlnaasoid ut Ilipsaoons st uMoy agl3I •ootretldutoo -uou ut SuTOlStual uotlslOTA gosa Io3 AVQ 2Igd 00'05Z$ O.L cm d0 gNId V asoapII use aqs /ag `utalatp glio; las pound atutl atg u!Mlm Iapio Bons gltM Aldtuoo of Its; noA 3t pus opo0 agl gltM gONVI'IdW00 g.LVIQgWYAII Iaplo AM aqs /aq `uotlulOIA s palltt=oo anq noA lugl sputl olullstSuw IutoadS ogljj 'MOIIV'IOIA NI gS Ol SgIINI.LNOO flOA AS QgNMO QNV MIg2IgH QE[EUHDSgQ A.L2Igd02Id 'Pdg2I d0 'IFIDdVd gH,L J.VHL 9,LV2I.LSIDVW 'IVIOgdS LMaW902IOjNa g000 FIHI AS (IHMSg2Id gS 'ITIM 11 Wb'MUS d IOD d0 NMO.L gH L AdIJ ON O L 'IIVd flOA -�U 'JNI2PdgH EIJ V2LLSIDVW Tv'IOgdS alu, Ol 2IOI2Id UELL0MOD NggS gAVH (S)NOLLV'IOIA HHL 3:1 MgAg aJV-&LSIOVW TVIOgdS alll OZ (IUJMgSncl gS AVW HSVO 9HI '(S)2If10g2I NgH.L QNV (19IDaUH00 g2IV /SI (S)NOI LV'IOIA FIHI dI 210 `NOIJ DUH 100 2103 GaIdIOgdS aMJ, alll M Qd.LOd?RI00 ION g2IV /SI (S)NOI,LV'IOIA BILL iu •NOI.LOgdSNIg2I V DMI.LSg ORX g2IV fIOA ,LVH,L QNV S3UOD MMOI 90 MOILV'IOIA M 2IFIDNOT ON SI dOLLON SIH.L MI (IRM04SgQ QNV flOA AS QgNMO AJIlUcIOdcl 'IVHH 30 - Ig02IVd 9HL LVH.L ` FdOdgS 210 NO 9115-9LZ (195) ,LV YiVUHJ S TKIJ 30 NMO.L aH.L ARLON J SnW flOA MINUTES OF CODE ENFORCEMENT HEARING HELD BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE AT 8:00 A.M. ON JULY 16, 2013, IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA, THAT WAS ORIGINALLY SCHEDULED TO BE HELD ON JUNE 4, 2013. PLEASE BE ADVISED THAT THE TOWN IS DISMISSING THE CHARGE OF VIOLATION OF SECTION 66 -446. CHARGES OF VIOLATIONS OF SECTIONS 66- 141(1) d. & e. AND 70 -106 (b) (3) WILL BE HEARD AS ORIGINALLY LISTED. I. Call to Order: Special Magistrate Glen Torcivia called the hearing to order at 8:15 A.M. and described the procedure of order for the record. II. Case No. CE 2 -13. Martin E. O'Boyle, 23 Hidden Harbour Drive, Gulf Stream, Florida 33483 had prohibited colors painted on the north and south sides on the exterior walls of his home in violation of the following sections of the Gulf Stream Code of Ordinances: A. Sec. 66 -141 (1) d. & e. requires that any change in exterior wall color must have a Level 1 Architectural /Site Plan Review. B. Sec. 70- 106(b) (3) requires exterior paint colors be from those listed as "approved" colors for Spanish Mediterranean architectural style structures. Town Counsel Randolph introduced himself and Attorney Robert Gershman introduced himself acting on behalf of Martin E. O'Boyle, and asked for permission for Mr. O'Boyle's son, Jonathan O'Boyle to participate with him at this hearing. There were no objections. Attorney Gershman requested, with regard to the Notice of Agenda's second paragraph stating that the Town is dismissing the violation of Section 66 -446, that Town Counsel Randolph state if it is dismissed with prejudice, the basis of the distnissal, the reasons for the dismissal and that the Court adjudicate Mr. O'Boyle not guilty of that violation. Special Magistrate Torcivia stated the violations heard this day are Sections 66- 141(1) d. & e. and 70- 106(b) (3) Town Counsel Randolph responded that the violation of Section 66 -446 is dismissed as stated on the Agenda, and continued that they are dismissed with prejudice. Attorney Gershman stated that there should something in writing provided to him for Mr. O'Boyle stating the adjudication of guilt or not guilty, as to the violation. Code Enforcement Hearing Town of Gulf Stream July 16, 2013 — Page 2 Special Magistrate Torcivia stated that Town Counsel Randolph's comments were sufficient. Town Counsel Randolph reported the sole matters before the Magistrate this day is not about signs, not about a person's right to speak freely, and not about an abridgement of a person's right to speak. He continued it is about the right of a municipality or a governmental body to regulate esthetics in the Town through its zoning code. Town Counsel Randolph stated that is all that this proceeding is about. He presented photographs to the court of what the Town believes are in violation of their codes. Special Magistrate Torcivia stated that pictures " Tweedle Dee and Tweedle Dum" will be Exhibit #1, and the rainbow colors will be Exhibit #2. Town Counsel Randolph detailed Code 70 -106 (b) (3) titled "color" which addresses an approved color list. He continued to describe the Town's adoption of an approved list of colors and esthetics regulations in the Town. Town Counsel Randolph stated that the violation in this case is that those colors in Exhibit 1 and 2 are not approved colors under the Town's code. He presented the code to Magistrate Torcivia. Special Magistrate Torcivia stated that a copy of the code did not need to be introduced into evidence. Town Counsel Randolph stated that a courtesy letter was given to Mr. O'Boyle to remove the paintings and he did not comply. He continued that a Notice of Violation was given and it was that notification that comes before the court this day. Town Counsel Randolph reported that the revised Agenda should be part of the record. He discussed and read Sec. 66 -141 which requires a Level 1 Site Plan Review before the Town. Town Counsel Randolph stated that no such application was made before the paintings were placed on the home. Special Magistrate Torcivia marked the Notice and Agenda as Exhibit #3. The Town called Town Clerk Rita Taylor as their first witness, and Special Magistrate Torcivia swore her in. Town Counsel Randolph questioned Town Clerk Taylor with regard to the description of her duties as Town Clerk, including acting as the Town Manager in the absence of Town Manager Thrasher. He inquired regarding the issue of the code violations at 23 Hidden Harbour Drive. Town Clerk Taylor discussed the anonymous telephone call she received on April 17, 2013 regarding the paintings. She stated she contacted the Police Department to have someone check the area to verify the situation. Town Clerk Taylor learned that the painting was in progress at the time and since it was not completed, it could not be described properly. She continued that when the project was completed, the police brought her pictures that were taken. Town Clerk Taylor referred to Exhibits #1 and #2 as the pictures. She continued that she called Town Manager Thrasher who was on vacation and discussed everything with him that had transpired. Town Clerk Taylor stated that she checked the chart and the colors being added were not approved colors pursuant to Code Section 70 -106. She continued that there was no record of a permit application submitted as was provided in Section 66 -141 d & e. Town Clerk Taylor discussed the courtesy Code Enforcement Hearing Tbum of Gulf Stmam July 16, 2013 — Page 3 letter sent to Mr. O'Boyle, and that he was advised to correct the violation no later than Friday, May 3, 2013 which he did not comply with. Town Counsel Randolph provided the courtesy letter to the Court as Exhibit #4. Town Clerk Taylor continued with her testifying stating that when Town Manager Thrasher returned from his vacation, he prepared and signed the Statement /Notice of Violation and Notice of Hearing, and she signed the back listing the procedure that is followed. Town Counsel Randolph provided the Statement /Notice of Violation dated May 14, 2013, as Exhibit #5. He stated that he had no further questions with Town Clerk Taylor. Attorney Gershman began his questioning of Town Clerk Taylor stating that he had only one contact with her up to this hearing. He inquired regarding her qualifications for being Town Clerk and acting Town Manager. Town Clerk Taylor related her job experience and duties as a Town Clerk for twenty -three (23) years in the Town of Gulf Stream. Attorney Gershman continued with multiple questions regarding her authority when acting as the Town Manager. He also inquired regarding her knowledge of the definition of the Town of Gulf Stream Code Enforcement Officer and procedures. Attorney Gershman read the responsibilities and duties. Town Clerk Taylor stated that she was designated to do those duties when required in the absence of the Town Manager. Attorney Gershman inquired regarding the Police Officer's duties as a Code Enforcement Officer. Town Clerk Taylor stated that no Town of Gulf Stream Police Officer was officially appointed, but they can be a Code Enforcement Officer. Attorney Gershman continued his questioning regarding an official Code Enforcement Officer's efforts with this case. He inquired whether Town Clerk Taylor was familiar with the various code colors which she replied "Yes ". Attorney Gershman asked Town Clerk Taylor with whom she discussed this matter with. Town Clerk Taylor responded that she has answered questions from various interested persons who have called the office to ask if there was a code that addressed this situation. After being asked by Attorney Gershman if she spoke with any specific Town Officers, she replied the Mayor, after the courtesy letter was sent. Attorney Gershman inquired whether a violation to a section of the code would be discussed with town's people or if violation decisions are made by staff. Code Enforcement Hearing Town of Gulf Stream July 16, 2013 — Page 4 Town Clerk Taylor stated that is never decided "outside ", but rather it is an administrative decision in Town Hall. She continued that if there was a violation, they have always cited someone for their violation. Attorney Gershman discussed an email between Martin Minor and Town Manager Thrasher dated April 2013, regarding not issuing a Violation of Notice because Town Manager Thrasher did not want to. Town Counsel Randolph interrupted that this issue did not relate to this case. Attorney Gershman responded that it is related to Sections 66 -431 and 70 -297. He discussed in detail Mr. O'Boyle's public statement at a Regular Town Meeting regarding a resident's gate, and said matter having been tabled for further discussion. Attorney Gershman read an email from Mr. Minor to Town Manager Thrasher relating to Sections 66 -431 and 70 -297, which addressed the prohibited construction of buildings and improvements within 78 ft. of the central line of North Ocean Boulevard, is not consistent with the design manual. Town Counsel Randolph interrupted stating that email has nothing to do with the proceedings being held this day. Attorney Gershman stated that the real estate signage on the sides of the road is not in compliance with the code. He continued that as a Real Estate Agent, the Mayor has never cited anyone or initiated anything as an acting Code Enforcement Officer. Town Counsel Randolph stated that this was totally irrelevant. Special Magistrate Torcivia agreed with Town Counsel Randolph and stated they were far off the subject. He further stated that when this case is resolved and testimonies concluded, there could be a memo submitted with that argument in writing. Attorney Gershman inquired if there was ever a Level 1 Review discretion. Town Clerk Taylor replied "No" unless when matching colors against the approved list, they were a shade off. She explained in detail that accent colors are not the same as principle building colors, which Mr. O'Boyle is being cited on. Attorney Gershman continued questioning Town Clerk Taylor regarding the entire home colors. Town Counsel Randolph questioned Town Clerk Taylor's conferring with Town Manager Thrasher while he was on vacation regarding whether or not there was a violation of the code, and her response to sending out the courtesy letter in his absence. He inquired if that courtesy letter initiated the proceedings which are before us this day or was it the Notice of Violation signed by Town Manager Thrasher that initiated the proceedings. Code Enforcement Hearing Tdwn of Gulf Stream July 16, 2013 — Page 5 Attorney Gershman questioned that inquiry. He continued that there was a telephone call from an unknown person, a report from a Police Officer, and Town Clerk Taylor's courtesy letter. Special Magistrate Torcivia overruled the objection and asked for Town Counsel Randolph to repeat his inquiry. Town Counsel Randolph asked Town Clerk Taylor to read Code Section 2 -69 referring to an employee who may be designated as Code Enforcement Officer "may include but are not limited to ". He stated that Town Manager Thrasher is also the Town Zoning Inspector. Special Magistrate Torcivia asked for an explanation of the Site Review Plan process. Town Clerk Taylor described in detail the approved color list and accents. Town Counsel Randolph also displayed the color code chart explaining that only the colors above the black line are approved for the body of the house. Attorney Gershman questioned the variety of colors, and the Clerk's authority to give permission or rejection for choice of colors. Town Clerk Taylor repeated her answers regarding the code's principle and accent color differences and again stated that the color on the body must fit in the category above the black line on the chart. Special Magistrate Torcivia inquired regarding the Site Plan Review with regard to color. Town Clerk Taylor described in detail the Level 1 Site Plan Review process. Special Magistrate Torcivia labeled the color board as Exhibit #6. There was a discussion as to excusing witnesses who expected to testify this day and having them return in two (2) days, on Thursday, July 18, 2013. All agreed. Town Manager Thrasher was sworn in and detailed his position and duties according to the Town's code. He also discussed his position as Zoning Inspector. Town Manager Thrasher agreed with the appointing of Town Clerk Taylor as Town Manager when he was away from Town Hall. He described in detail his conversation with Town Clerk Taylor regarding the colors on the structure on 23 Hidden Harbour Drive. Town Manager Thrasher stated that other than the courtesy letter sent by Town Clerk Taylor, he alone initiated these proceedings before the Magistrate this day. He explained in detail what he did prior to issuing the Notice of Violation, beginning with a permit not being applied for prior to significant changes being made to the exterior walls of the building at 23 Hidden Harbour Drive. Town Manager Thrasher continued that some Level 1 decisions are referred by code to the next level of review which is Level 2, the Architectural Code Enforcement Bearing Town of Gulf Stream July 16, 2013 — Page 6 Review & Planning Board (ARPB). He stated that the code defines what items fall within a Level 2. Town Manager Thrasher reported that the ARPB has the authority to make final decision on a Level 2 application. Town Counsel Randolph inquired if this particular situation met the description in the code of a significant change. Town Manager Thrasher responded "Yes ", and that he made the determination after reviewing several color charts, as a procedural event. Special Magistrate Torcivia requested these three (3) color composites be Exhibit #7, which includes reds, browns and oranges. Town Counsel Randolph asked Town Manager Thrasher what his determination was in regard to a violation when he issued a Violation and Notice of Hearing dated May 14, 2013. Town Manager Thrasher reported that the painted colors on the structure at 23 Hidden Harbour Drive were not on the approved and allowable color chart. He read the principle building color list. Town Manager Thrasher stated that the bright predominate colors were overpowering. He read the meaning of predominate from the dictionary. He stated he did not confer with any staff when enforcing the code and the violation continues to exist this day. Attorney Gershman stated that this was the first time he and Town Manager Thrasher have spoken with each other and asked Town Manager Thrasher how he prepared for this hearing. Town Manager Thrasher reported his preparations for this hearing. He detailed the dates when he was on vacation away from the office. Town Manager Thrasher stated that he could not say when he viewed the photographs of the property in question but that Town Clerk Taylor thoroughly explained verbally the situation that she was dealing with at the time while he was on vacation. Attorney Gershman inquired as to who the designated Code Enforcement Officer was when Mr. O'Boyle's issues arose. Town Manager Thrasher responded "Ms. Taylor, the Town Clerk ". He also stated that at that time, the Town had a part-time Code Enforcement Officer, Police Officer David Ginsberg. Town Manager Thrasher continued that Police Officer Adam Gorel was the designated Code Enforcement Officer who first went to Mr. O'Boyle's home to verify the information given to Town Hall. Attorney Gershman read and discussed the courtesy letter to Mr. O'Boyle regarding the violation to his home. Code Enforcement Hearing Town of dulf Stream July 16, 2013 — Pagc 7 Town Manager Thrasher discussed the voluntary compliance process. He stated he had many conversations with Town Clerk Taylor on a multitude of issues more than once a day while he was on vacation. Attorney Gershman continued questioning Town Manager Thrasher regarding the amount of conversations he had with Town Clerk Taylor regarding what was on Mr. O'Boyle's home from April 27'h through May 6, 2013. Town Manager Thrasher responded "Two (2) calls ". Town Counsel Randolph interjected stating that this hearing is regarding two (2) violations relating to paint colors, and not content of the sign. He continued that the witness, Town Manager Thrasher was being badgered and that he objects. Town Manager Thrasher described his knowledge of the wording and painting of the signs on April 30, 2013, and that his driving factor was the colors, as it relates to Violation and Notice of Hearing. Attorney Gershmao asked Town Manager Thrasher to read both Webster's Dictionary meaning of the word predominate, which will be Defense's Exhibit #1 into evidence, and McMillan's definition, Exhibit #2. He continued to discuss the multiple examples of the word predominate. Attorney Gershman questioned Town Manager Thrasher regarding being an expert on the Town's code. Town Counsel Randolph again interrupted regarding the line of questioning. Attorney Gershman continued questions regarding Level 1 Review procedure. He inquired if Town Manager Thrasher was familiar with Robert Currie. Town Manager Thrasher discussed his knowledge regarding Mr. Currie, Mr. O'Boyle's Architect, who has an office in Delray Beach, Florida, and who is considered a knowledgeable and reputable Architect. Attorney Gershman inquired what Town Manager Thrasher knew of Tom Laudoni, and if there were any "conspiracy" issues between them. Town Manager Thrasher reported that he is a general contractor from Delray Beach, and a developer of single family lots in a subdivision within the Town of Gulf Stream. Town Counsel Randolph interrupted stating this information was out of the scope of this hearing. Special Magistrate Torcivia sustained the objection. Code Enforcement Hearing Town of Guff Stream July 1G, 2013 — Page 8 Jonathan O'Boyle explained that Mr. O'Boyle and Mr. Laudoni are friends and Mr. Laudon was targeted by Town Manager Thrasher because of his association with Mr. O'Boyle. He also referred to the 14" Amendment. Town Counsel Randolph repeated that this proceeding is in regard to the color code violation. Attorney Gershman again questioned Town Manager Thrasher regarding the principle building colors on Mr. O'Boyle's home, referring to Section Code 70 -106. He also referred to the colors on the garage Exhibit #2. Town Counsel Randolph requested Webster's definition be Exhibit #8. Special Magistrate Torcivia announced there will be a 10- minute break. Court resumed at 11:38 a.m. and Special Magistrate Torcivia swore in Robert Currie, Architect Mr. Currie reported on his experience and training. He agreed that he and Attorney Gershman met for the first time at this hearing. Attorney Gershman questioned Mr. Currie regarding his personal knowledge of the principle building color of Mr. O'Boyle's home in Town of Gulf Stream. Mr. Currie responded the principal color of that home is beige. Attorney Gershman proceeded to question Mr. Currie regarding the effects of Exhibit #1 and Exhibit #2 affixed on Mr. O'Boyle's home. Mr. Currie repeated that the principal dominate color of the home is still beige with regard to the overall color of the home. Attorney Gershman asked Mr. Currie the particular style of Mr. O'Boyle's home. Mr. Currie stated that it is not one particular style because of the mixture of "things ". He reported on the various parts of Mr. O'Boyle's home e.g., brackets, overhangs, comesses, stone, and a trellis. Attorney Gershman repeated that even with all those items on the home, the predominate color is still beige. Mr. Currie agreed. Town Counsel Randolph reported that Mr. Currie was employed by lblr. O'Boyle to redesign his home, and that he appeared before the Commission to apply for variances for the project. He continued that the Code Enforcement Hearing n%m of Gulf stream July 16, 2013 - Page 9 variances were denied. Town Counsel Randolph had Mr. Currie read the definition of principle building color. He referred to the Webster's Dictionary definition relating to Exhibit #2. Mr. Currie read the definition, and stated his disagreement with "overpowering color ". Town Counsel Randolph stated that Mr. Currie is a witness for violation of Section 70 -106 (b) (3) and not for Section 66 -141 (1) d. & e. Special Magistrate Torcivia asked Mr. Currie what percentage was the building's beige color. A discussion ensued regarding the word predominate colors, accent colors, doors vs. walls. Mr. Currie stated that Mr. O'Boyle's home is not a Spanish Mediterranean house because of the barrel the roof, stone work and the trellis. Town Counsel Randolph inquired if Mr. Currie knew Martin Minor and he replied "No ", but he knew he was part of Urban Design. Special Magistrate Torcivia adjourned this day's hearing at 11:30 A.M., asked for a recess until Thursday, July 18, 2013, 9:30 A.M. until 12:30 P.M. Mr. O'Boyle thanked everyone for coming and participating. Code Enforcement Hearing Tbwn of Gulf Stream July 18, 2013 — Page 10 Continuation of Special Magistrate Torcivia regarding Code Enforcement Case No. CE2 -13 issues that commenced on July 16, 2013 and is being reconvened on July 18, 2013 at 9:32 A.M. Attorney Gershman stated he wanted to make a 2 -page memorandum sent the evening before to Special Magistrate Torcivia and Town Counsel Randolph, via email, part of the record. Town Counsel Randolph inquired as to when to address the issue mentioned in the memorandum, and asked if the motion will be argued. Attorney Gershman reviewed the code and the disposition of the matter. He addressed in detail Code 2 -70 "Conduct of Hearings" with regard to upcoming witnesses. Town Counsel Randolph referred to a memorandum from Jonathan O'Boyle sent to the Special Magistrate regarding the 14`h Amendment and due process with regard to the signs. Special Magistrate Torcivia discussed in detail the 1" Amendment with regard to this case. He continued with the legal nexus and the color issues. Special Magistrate Torcivia stated he will allow testimonies from witnesses in regard to those issues only. He referred to anything else being addressed this day, as a time issue. Town Counsel Randolph responded that the motivation of the Town in issuing the citations was very important relating to the color code. He further discussed why he would allow a proffer outside of the scope of the Town's case regarding having the Town's witnesses stay in court for another day. Special Magistrate Torcivia stated that the witnesses can be taken out of order. Attorney Gershman reported the proffer with the witnesses and the dates of the correspondence. He also discussed the series of events that manipulated the code to try and extract the sign Ordinance being dismissed to the Town's advantage by saying the signs are now paintings and color only applies. Attorney Gershman further stated that these actions were specifically targeted at Mr. O'Boyle because of the content of the subject signage. Town Counsel Randolph interrupted stating that it sounded like legal argument which should be reserved until the end of the case. He continued that the Court should be proffering the witnesses' testimonies for a ruling to whether they should remain for questioning. Town Counsel Randolph listed the witnesses who were present, and stated he did not understand why they have not been called as yet. Attorney Gershman detailed why each witness was subpoenaed. Special Magistrate Torcivia reviewed the relevant issues. Code Enforcement Hearing Tbwn of Gulf Stream July 18, 2013 — Page 11 Attorney Gershman discussed in specific detail the purpose of the signs, their meanings and the freedom of speech. He also addressed copies in his possession of emails between Mr. Minor and Town Manager Thrasher with verbiage blacked out. Town Counsel Randolph stated that the proffer from the Mayor is that she is a licensed Realtor and there were real estate signs in the right of ways in Town which were determined not in accordance with the Town code. He continued the position taken by Mr. O'Boyle and presumably, Attorney Gershman, is that the Mayor of the Town, and as a Realtor, should have known that these signs that existed in Town were in violation of the Town Code, and that she should have done something about it. Town Counsel Randolph further reported that there was no nexus between her not taking advantage of advising the Town Manager to do something about it, nor is there any testimony that she was the one supposed to be in charge of enforcing the code. He continued that the Commissioners are not experts and they are not the ones that apply the codes. Town Counsel Randolph stated that it is not only irrelevant, but it is prejudicial to be asking the Commissioners as to what their opinion is in regards to the application of the code. He continued that Mayor Orthwein has been Mayor for only one (1) year due to the death of the previous Mayor. Town Counsel Randolph stated that the Level 1 Site Plan Review is an administrative review and the Commissioners do not get involved with that level of review. He commented on other code violations which he knows nothing about that the Mayor has not addressed. Town Counsel Randolph repeated that these items have nothing to do with this case. He stated that Commissioner Ganger is also not an expert on the Town's Code, and that their motivation should not be addressed by the Court. Town Counsel Randolph responded that the Mayor and Commissioner should testify to things that are appropriate while they are in attendance. He also responded to the memorandum that was presented the day before by Jonathan O'Boyle, with regard to the 14'h Amendment and freedom of speech under the V Amendment. Town Counsel Randolph concluded his argument stating that it is up to the Special Magistrate to make a determination as to whether or not the law has been violated and whether a fine should be issued. He also read a portion of the order of the Federal District Court for the Southern District of Florida, in the case of Martin E. O'Boyle vs. Town of Gulf Stream, Case No. 13- 80530. Special Magistrate Torcivia read and discussed in detail Section 2 -7b of the Town's Code, with regard to the Commissioners' opinions of the Code. Town Counsel Randolph stated that he did not want these proceedings challenged because the Special Magistrate did not allow it in evidence "due to irrelevancy". He continued discussing legislature inquiries. Town Counsel Randolph agreed with Special Magistrate Torcivia not wanting this hearing to become a "three -day marathon ". Jonathan O'Boyle discussed and provided various unconstitutional incidents of freedom of speech, and the unconditional singling out certain persons. Special Magistrate Torcivia stated this was not a facial challenge, but an applied challenge. He also inquired regarding the colors of the rainbow being on the approved color list. Code Enforcement Hearing Tbwn of Gulf Stream July 18, 2013 — Page 12 Town Counsel Randolph commented that the Town's position is that the colors that are incorporated on the rainbow are not on the approved color list. Special Magistrate Torcivia discussed color by color and their shades. Attorney Gershman responded that the Town has to carry their burden of whether they can or cannot prove the elements of the violation. Special Magistrate Torcivia stated he will allow the witnesses, but will limit where the questions lead to, and gave examples of questions he will and will not allow. Town Counsel Randolph reported the Mayor's and Commissioners' duties. Mayor Joan K. Orthwein was sworn in and stated she has been Mayor for one (1) year this month, and Vice -Mayor for fifteen (15) years. Attorney Gershman continued questioning Mayor Orthwein inquiring her efforts with the Town prior to being Vice - Mayor. Mayor Orthwein stated she was on the ARPB, and worked together with Urban Design when setting up the ARPB guidelines. Attorney Gershman questioned Mayor Orthwein asking if she helped establish the codes they were addressing this day. He also inquired if anyone in the room this day was involved at that time. Mayor Orthwein responded "Mr. O'Boyle" Attorney Gershman continued his questioning regarding her authoring the signs and codes. He inquired her knowledge regarding the Level 1 Review process which she stated was the Town Manager's responsibility. Attorney Gershman asked the Mayor her opinion of the predominate color code. Mayor Orthwein responded that she is not an attorney and she depends on Town Counsel Randolph. She also stated she has no opinion on that subject. Town Counsel Randolph interjected stating that this is badgering the witness. Attorney Gershman asked Mayor Orthwein her knowledge of who in Town has the responsibility for enforcing the violations of the code. Mayor Orthwein responded a Code Enforcement Officer, Town Manager Thrasher and a Police Officer. Town Counsel Randolph repeated that Town Manager Thrasher was the person who enforced the code. Code Enforcement Hearing Tawas of Gulf Stream July IS, 2013 — Page 13 Commissioner Robert W. Ganger was sworn in and stated that he sat on the dais, as Commissioner, since August 2012. He reported on his three (3) years' experience as Chairman and three (3) years as Board Member of the ARPB. Attorney Gershman inquired with regard to his seven (7) years involvement with the Town was he ever involved with any review process issues with regard to violations. Commissioner Ganger responded "No" and further stated he found out about this hearing on the past Tuesday when he was served with a subpoena which he did not understand the reason for. Attorney Gershman questioned him regarding predominate building color. Commissioner Ganger stated that the only time the ARPB would see the color chart was with a Level 3 Review when a building was being built and color was part of the plan. Town Counsel Randolph objected stating Attorney Gershman was inquiring as to Commissioner Ganger's thoughts. Attorney Gershman asked the color of the room which Commissioner Ganger responded beige was the single color. Town Counsel Randolph stated that Commissioner Ganger was not involved with the enforcement of the codes from a standpoint of a Level 1 Review. He also commented that Commissioner Ganger would not have a comment with regard to the Town Manager proper enforcing the code with relation to Sec. 70 -106. Commissioner Ganger responded "No" to both above statements, and that he relies on the Town Manager. Special Magistrate Torcivia questioned the listed principle and accent colors only allowed on the budding. Commissioner Ganger gave simple examples and terms and stated that he never remembers a case where color was an issue. Attorney Gershman stated "rubber stamping" after Staff accepted the colors of the structure. Town Counsel Randolph objected to the mischaracterizing of the testimony. Commissioner Ganger reviewed the color review process Martin R. A. Minor was sworn in and stated that he was an Urban Planner with the Urban Design Studios, West Palm Beach, Florida, has a Master's Degree in Urban and Regional Planning, and described his type of skills. He continued that he worked for the Town of Gulf Stream since 2004, as a Consultant. Mr. Minor Code Enforcement Hearing T6%m of Gua'Stream July 18, 2013 — Page 14 detailed how he started his association with the Town, and his reviewing of their code amendments and plan reviews. Attorney Gershman inquired if the consultation process means that he was knowledgeable of the Town's code. Mr. Minor responded "The Land Development Code - Yes ". He continued it is part of the overall code, and that he has done so approximately forty (40) or fifty (50) times over the years. bar. Minor explained that the firm bills the Town for his time, and he receives a weekly salary whether he works for the Town that week or not. Attorney Gershman inquired if Mr. Minor had worked with Town Manager Thrasher as a Code Enforcement Officer. Mr. Minor stated "No ", but has worked as a Consultant concerning code enforcement matters approximately three (3) or four (4) times. Attorney Gershman questioned if Mr. Minor has worked with the subject, Mr. O'Boyle's home's color/ paint /sign issues. Mr. Minor responded "briefly", and detailed his communication with Town Manager Thrasher, who sent him pictures of the subject's home in April, and he reported that the paintings were not the approved colors. Attorney Gershman repeated that while Town Manager Thrasher was still on vacation and had testified that he had not seen any photographs of the subject's home paintings, he sent those pictures to you. Mr. Minor responded "Yes ", and that they spoke once on the telephone. He also produced an email from Town Manager Thrasher. Special Magistrate Torcivia called a two (2) minute recess. Attorney Gershman handed Special Magistrate Torcivia the exact copies of the emails of Town Manager Thrasher to Mr. Minor as the defenses' Exhibit #3 and Exhibit #4 from April 2013. He inquired if there were incidents in Town wherein Mr. Minor thought that the code was being followed or being violated. Mr. Minor stated "Yes" and gave examples of when and where in Town. Town Counsel Randolph objected and stated that this had nothing to do with this case and has no nexus. Special Magistrate Torcivia overruled the objection. Cade Enforcement Hearing Tuwn of Gulf Stream July 18, 2013 — Page 15 Mr. Minor discussed in detail the North Ocean address regarding their gate. He further commented that his opinion was in error on one issue and was discussed with Town Manager Thrasher. Town Counsel Randolph renewed his previous objection and stated there was no nexus between this hearing and this particular case. Town Counsel Randolph stated that it related to an opinion m a totally different matter whether or not a gate was legal. Special Magistrate Torcivia stated he would allow it. Attorney Gershman detailed a deposition from Mr. Minor dated June 5, 2013, and two (2) emails dated April 17, 2013, regarding Code Section 66 -141. He thoroughly questioned Mr. Minor regarding his knowledge of predominate building color on the code chart relating to the Town's homes, 1rt Amendment issues, and his shock in the contents of the photographs. Mr. Minor replied the predominate building color should be the strongest element of that color, and responded that the predominate color of the walls in this room was tan. Town Counsel Randolph inquired from Mr. Minor the predominate color of the wall behind the Magistrate's chair. Mr. Minor reported that the predominate color is tan and the references to the sign and flag is temporary, as they are placed in front of the wall. Town Counsel Randolph further questioned Mr. Minor regarding the predominate color of the room's color in lieu of the logo on the wall. Mr. Minor responded "tan ". Town Counsel Randolph inquired if Mr. Minor made decisions with regard to how codes are applied, other than consulting with Town Manager Thrasher. Mr. Minor responded "No ". Town Counsel Randolph asked Mr. Minor if he had any conversation with Town Manager Thrasher as to how he should apply the code after reading the emails. He also inquired if Town Manager Thrasher discussed his concerns regarding the content of the painting on the wall. Mr. Minor responded "No" to both inquiries. Town Counsel Randolph displayed a photograph of the multi - colors on the subject's house and Mr. Minor replied it is a "rainbow" and that is the predominate color. Code Enforcement Hearing Toan of Gulf Stream July 15, 2013 — Page 16 Town Counsel Randolph and Attorney Gershman discussed Exhibit #9, 23 Hidden Harbour Dr. dated July 15, 2013. Attorney Gershman requested Mr. Minor to read the code definition of a garage and accent color. Town Counsel Randolph interjected that there is nothing in the code referring to a garage door. Mr. Minor stated that entry doors and garage doors are two (2) different things, and a garage door is something other than an accent. Attorney Gershman continued questioning Mr. Minor regarding the rainbow colors on the wall. He displayed Exhibit #6 and Exhibit #6a with regard to the existing east elevation, and asked if Mr. Minor could say that the rainbow covers that entire east elevation, as was previously testified. Iblr. Minor apologized for saying at first that it covered the entire east elevation. Attorney Gershman asked his opinion of the size of the rainbow. Mr. Minor reported that the rainbow covers columns and garage doors, and stated he would have to study further Exhibit #6 and Exhibit #6a to give an opinion of the exact size. Special Magistrate Torcivia stated this hearing would be in recess until Monday, July 22, 2013, at 11:00 A.M. This day's hearing ended at 12:45 P.M. Code Enforcement Hearing Town of Gulf Stream July 22, 2013 — Page 17 Special Magistrate Torcivia introduced Attorney Gershman and Town Counsel Randolph and opened the hearing at 1:30 P.M. Town Counsel Randolph requested the Notice of Agenda be added into evidence as Exhibit #10. He continued he would like Section 66 -141 (1) d. & e. and Section 70 -106 (b) (3) also be submitted as evidence. Attorney Gershman objected to those items for evidence. Special Magistrate Torcivia stated they will all be part of an appeal, if requested. Town Manager Thrasher upon being crossed- examined by Town Counsel Randolph responded as to his duties as Town Manager, Zoning Inspector, and Code Enforcement Officer. He also responded to inquiries regarding the time he was on vacation and when Town Clerk Taylor was acting as Town Manager. Town Manager Thrasher stated that by appointing a Police Officer to act as a Code Enforcement Officer only had that Police Officer take photographs and make a report of the situation, as did Police Officer Goral. He stated that Officer Ginsberg was also involved at the beginning of this case. Town Manager Thrasher stated that they were dealing with aesthetics and not content in Sections 66 -141 d and a and 70 -106 b3. He reported his conversation with Mr. Minor before going on vacation. Town Manager Thrasher stated that he issued the citation notice which brought about the hearing this day. He reviewed the Development Approval Document which he described in detail signed by Agent William Ring, Attorney working for bar. O'Boyle. Town Manager Thrasher stated the subject home is described as Spanish Mediterranean Revival. Attorney Gershman questioned scheduling with Town Manager Thrasher. He questioned Town Manager Thrasher's truthfulness regarding his contact with Town Clerk Taylor regarding this case, and asked how he prepared his testimony for this hearing. Town Manager Thrasher described in detail the timeline of emails with Mr. Minor, photographs, courtesy letter, his leaving for vacation, his non - communication with anyone other than Town Clerk Taylor, and reviewing his cell phone bill with regard to exact dates of contact with Town Clerk Taylor. Attorney Gershman continued questioning regarding Mr. Minor's opinion with regard to colors. He also inquired regarding the exact definition of garage doors in the code. Town Manager Thrasher responded there was no definition of a garage door under Section 66. Town Counsel Randolph objected and stated that the Notice of Violation is what should be going forward at this time. Attorney Gershman read Paragraph 4 of the violation and questioned Town Manager Thrasher regarding the various locations of the signs and colors on the subject's home Town Counsel Randolph again objected stating that this questioning was not in regard to the violation. Code Enforcement Hearing Town of dulf Stream July 22,2013 — Page 1B Attorney Gershman displayed photographs of various colors and discussed again the predominate colors in each example which Town Manager Thrasher listed in order of number. He discussed in detail Exhibit #8, the east side of subject's home with Town Manager Thrasher. Town Manager Thrasher responded that the photograph was not the same colors, when he left on vacation. Attorney Gershman discussed gay rights as a rainbow symbol for that sect of people. Town Counsel Randolph interjected again stating that the sign issue is not the violation. Town Manager Thrasher stated he was aware of that symbol. Attorney Gershman continued questioning regarding wall colors and the garage doors. Town Counsel Randolph discussed Exhibit #8 and it's relation to Sec. 66 -141d and e. He read the Code section and questioned Town Manager Thrasher regarding their difference on the subject's home. Town Counsel Randolph inquired if the colors were significantly different colors than the code which Town Manager Thrasher stated `yes'. Special Magistrate Torcivin called for a two (2) minute recess. Ryan Witmer was swom in and stated he worked for Commerce Group Inc. owned by Martin O'Boyle in their legal department. He stated he is friends with Mr. O'Boyle's son, Jonathan O'Boyle, that they had attended school together, and stated he would never lie for anyone. Attorney Gershman inquired if Mr. Witmer had knowledge of the home in this matter. He displayed Exhibit #7 1 -14, and questioned him regarding percentages of the colors on the home. Ryan Witmer stated that he did not know the exact percentages. Attorney Gershman continued questioning regarding the size of the elevations of the home. Ryan Witmer responded that from the wall of painting of the home the image is 0.62% of the surface area. He detailed the Tweedle Dee and Tweedle Dum sizes in regard to the wall, and how he arrived at his figures when the garage doors were opened. Mr. Witmer reported the size of the rainbow stripes. He described the east elevation wall space. Mr. Witmer addressed the view from the front of the home. Attorney Gershman questioned Mr. Witmer regarding his attendance at a Town Commission Meeting on April 12, 2013. Code Enforcement Hearing %wn of duff stream July 22,2013 — Page 19 Mr. Witmer discussed how Town Counsel Randolph and Mr. O'Boyle were in conversation after the completion of the meeting, in the vestibule, regarding a newspaper article on the Intemet, regarding a gay rights organization that had a similar painting (rainbow colors) on their particular structure. Mr. Witmer described their comments. Attorney Gershman continued questioning Mr. Witmer regarding his knowledge of the meaning of rainbow colors to which Mr. Witmer responded. Town Counsel Randolph objected to that information. He questioned Mr. Witmer regarding the April Commission Meeting. Attorney Gershman again questioned Town Clerk Taylor regarding the dates of her contact with Town Manager Thrasher between April 27 and April 30, 2013. Town Clerk Taylor discussed the substance of their conversation with regard to the incomplete paintings on the south side of Mr. O'Boyle's home. Attorney Gershman continued discussing Exhibit #1 and Exhibit #2, and her knowledge regarding them. He inquired further regarding a timeline and substance of her telephone conversations with Town Manager Thrasher, while he was on vacation. Town Clerk Taylor described in detail the filing and approval of the permit process. She also discussed the issue of unacceptable colors. Town Counsel Randolph objected stating that Attorney Gershman was "putting words in her mouth ". Attorney Gershman continued questioning the colors on Mr. O'Boyle's home. Town Counsel Randolph inquired if her decision was on color not content. Town Clerk Taylor responded "Yes ". Town Counsel Randolph read the explanation of accent colors and garage doors in the Code. Town Clerk Taylor discussed her experience when she was present at the legislation of the code. She stated that the reference in the code to "door" in the accent color section was only intended for the entry door to the dwelling as one home in Town at the time had a red entry door and it was felt to be a nice accent feature. Attorney Gershman continued questioning regarding residents' hurricane shutters' colors. Town Clerk Taylor explained that process. Code Enforcement Hearing Town of gulf stream July 22, 2013 — Page 20 Special Magistrate Torcivia questioned Town Clerk Taylor regarding different examples of acceptable colors painted on the same wall. He also inquired regarding the style of the subject home. Town Clerk Taylor responded to each example given with the approved code explanation. Special Magistrate Torcivia called for a 5- minute recess. Kelly Avery was sworn in, introduced herself and stated she recognized Defense Exhibit #3 email which she sent to Town Manager Thrasher on April 18, 2013. She also stated that when Officer Ginsberg brought in the four (4) photographs she sent them to Town Manager Thrasher, as instructed by Town Manager Thrasher. Attorney Gershman questioned Mr. Witmer again regarding the Spanish Mediterranean house. Mr. Witmer described in detail the application process with Town Manager Thrasher and Attorney Ring at Town Hall. Town Counsel Randolph inquired if Mr. Witmer remembered Mr. O'Boyle stating at the time of the conversation in the building vestibule `Be careful of what you wish for ". Mr. Witmer stated "Yes, I do ". He also stated that Mr. Currie stated the home was not a Spanish Mediterranean house and Town Manager Thrasher stated it was, prior to the application process. Town Counsel Randolph stated the Town had nothing further. Special Magistrate Torcivia stated that a final decision will be made on August 27, 2013, at 11:00 A.M. Attorney Gershman questioned distribution and costs of transcripts. Special Magistrate Tocivia stated that is up to Counsel to decide that manner, and that he respects both lawyers. He further stated both lawyers will receive all exhibits and transcripts. Special Magistrate Tocivia also reminded both lawyers that the briefs should be brief. Special Magistrate Tocivia adjourned this day's hearing at 4:09 P.M. Sandra Fein Recording Secretary Petition to the Gulf Stream Special Magistrate Court Re: Constitutional Relevance for the Gulf Stream Special Magistrate Case: Gulf Stream v. O'Boyle Date: July 17, 2013 Prepared by: Jonathan R. O'Boyle, Esq. Attorney for: Martin E. O'Boyle The Text of the Fourteenth Amendment reads: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The Due Process Clause of the Fourteenth Amendment applies to all actions taken by a U.S. State, including the actions of municipalities and those empowered to act under color of law. The Civil Rights Cases, 109 U.S. 3 (1883)(The Fourteenth Amendment applies only to state action — not private action); Monell v. New York, 436 U.S. 658 (1978)(the Fourteenth Amendment applies to municipal actions — not merely state action — in part because a state could circumvent the Fourteenth Amendment through the use of municipalities). The Due Process Clause affords procedural safeguards when the government seeks to deprive individuals of life, liberty, or property. Mathews v. Eldridge, 424 U.S. 319 (1976). The Due Process Clause also both incorporates select provisions of the Bill of Rights, including the First Amendment, and other fundamental rights. Gitlow v. New York, 268 U.S. 652 (1925)(Free Speech); NAACP v. Alabama 357 U.S. 449 (1958)(Freedom of Assembly); NAACP v. Button, 371 U.S. 415 (1963)(First Amendment right to petition for redress in the courts). Since Defendant O'Boyle is entitled to First Amendment protections vis -a -vis the Fourteenth Amendment from state action (including any of the state's municipal subdivisions), the actions of the town of Gulf Stream, its agents, officers, and employees are subject to constitutional scrutiny. Gulf Stream and the Special Magistrate are obligated to refrain from abridging O'Boyle's freedom of speech and due process under the Fourteenth Amendment. Additionally, Gulf Stream — through the Special Magistrate — must afford O'Boyle adequate process to defend against any deprivation of his property or liberty interests. This includes allowing O'Boyle to assert all relevant legal claims or challenges in full and fair hearing before a neutral magistrate who can determine matters of law, including the U.S. Constitution. The Special Magistrate must allow O'Boyle to argue relevant constitutional challenges or risk being in violation of the Due Process Clause of the Fourteenth Amendment itself. If O'Boyle does not assert his U.S. constitutional arguments during the Special Magistrate's hearing, O'Boyle risks waiving these arguments for appellate or federal review. Indeed, anglo- american jurisprudence has long recognized that courts which interpret law have long had the duty to review inferior laws for compatibility with those supreme: It is, emphatically, the province and duty of the judicial department, to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So, if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case, conformable to the law, disregarding the constitution; or conformable to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case: this is of the very essence of judicial duty. If then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply. Those, then, who controvert the principle, that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions. It would declare that an act which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory. It would declare, that if the legislature shall do what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It would be giving to the legislature a practical and real omnipotence, with the same breath which professes to restrict their powers within narrow limits. It is prescribing limits, and declaring that those limits may be passed at pleasure. That it thus reduces to nothing, what we have deemed the greatest improvement on political institutions, a written constitution ... The judicial power of the United States is extended to all cases arising under the constitution. Marble v. Madison, 5 U.S. 137,172-73 (1803). CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA TOWN OF GULF STREAM, Petitioner, V. Case No. CE 2 -13 MARTIN E. O'BOYLE, Respondent. ORDER DISMISSING WITH PREJUDICE Upon the Agreement of the Parties this case is hereby dismissed with prejudice. DONE AND ORDERED this 29th day of July, 2013. TOWN OF GULF STREAM CODE ENFORCEMENT BY: GLEN TORCIVIA, Special Magistrate Copies furnished to: John Randolph, Esq., Town Attorney, 505 S. Flagler Drive, West Palm Beach, FL 33402 Robert S. Gershman, Esq., Respondent's Attorney, 2160 W. Atlantic Ave, 2 "" Floor, Delray Beach, FL 33445. p: \docs\ 13147 \00013\pld \1 gs7100.docx Page 1 of 2 Rita Taylor From: Bill Thrasher Sent: Tuesday, July 30, 2013 9:39 AM To: Rita Taylor Subject: FW: Town of Gulf Stream v. O'Boyle Attachments: ORDER DISMISSING .pdf From: Glen Torcivia [mailto:glen @torcivialaw.com] Sent: Tuesday, July 30, 2013 9:35 AM To: Baird, Thomas J. Cc: John Randolph ( Randolph @jones- foster.com); Robert Gershman (robert@rglawfirm.us); Bill Thrasher Subject: RE: Town of Gulf Stream v. O'Boyle Thomas, Please see the attached executed Order Dismissing with Prejudice. Glen Glen Torcivia The Law Offices of Glen J. Torcivia & Associates, P.A. Northpoint Corporate Center 701 Northpoint Parkway, Suite 209 West Palm Beach, FL 33407 glen@torcivialaw.com (561) 686 -8700 (561) 686 -8764 (fax) www.torcivialaw.com The information contained in this transmission is attorney - client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by telephone collect and return the original message to the sender at the above address via the U.S. Postal Service. The sender will reimburse you for your expenses. Thank you. From: Baird, Thomas J. [ mailto :TBaird(glionesfoster.coml Sent: Monday, July 29, 2013 11:37 AM To: Glen Torcivia Cc: Robert(&rolawfirm.us; Bill Thrasher (bthrasher(&gulf- stream.ora); Richman, Ashlee A.; Matias, Sally Subject: FW: Town of Gulf Stream v. O'Boyle Importance: High Glen: Friday of last week the parties to this proceeding reached a settlement of various proceedings which have been pending, one of which is this code enforcement case. Please execute the attached Order and email copies to Mr. 7/30/2013 Page 2 of 2 Gershrrian and Town Manager Bill Thrasher. Thanks. JONESFOSTER Thomas J. Baird Florida Bar Board Certified Cite, County and Local C3ovemment :Vtornev Direct Dial: 561.650.8232 1 Fax: 561.746.6933 1 tb,-u*rd(@,ionesfoster.com Jones, Foster, Johnston & Stubbs, P..\. 80l Maplewood Drive, Suite 22 -_\, jupiter, Florida 33458 561 -659 -3000 1 www.ioncsfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued b_c us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Trimming emails arc filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately no66- us by email and delete the original message. From: Green, Marilyn R. Sent: Monday, July 29, 2013 11:31 AM To: Baird, Thomas J. Subject: Town of Gulf Stream v. O'Boyle 7/30/2013 CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA TOWN OF GULF STREAM, Petitioner, V. Case No. CE 2 -13 MARTIN E. O'BOYLE, Respondent. ORDER DISMISSING WITH PREJUDICE Upon the Agreement of the Parties this case is hereby dismissed with prejudice. DONE AND ORDERED this 29n' day of July, 2013. TOWN OF GULF STREAM CODE ENFORCEMENT GLEN TORCIVIA, Special Magistrate Copies furnished to: John Randolph, Esq., Town Attorney, 505 S. Flagler Drive, West Palm Beach, FL 33402 Robert S. Gershman, Esq., Respondent's Attorney, 2160 W. Atlantic Ave, 2ntl Floor, Delray Beach, FL 33445. p:\dom \1314700013 \pld\1 gs7100.docx Page 1 of? Rita Taylor From: Bill Thrasher Sent: Tuesday, July 30, 2013 9:39 AM To: Rita Taylor Subject: FW: Town of Gulf Stream v. O'Boyle Attachments: ORDER DISMISSING .pdf From: Glen Torcivia [mailto:glen @torcivialaw.com] Sent: Tuesday, July 30, 2013 9:35 AM To: Baird, Thomas J. Cc: John Randolph ( Randolph @jones - foster.com); Robert Gershman (robert@rglawfirm.us); Bill Thrasher Subject: RE: Town of Gulf Stream v. O'Boyle Thomas, Please see the attached executed Order Dismissing with Prejudice. Glen Glen Torcivia The Law Offices of Glen J. Torcivia & Associates, P.A. Northpoint Corporate Center 701 Northpoint Parkway, Suite 209 West Palm Beach, FL 33407 glen @torcivialaw.com (561) 686 -8700 (561) 686 -8764 (fax) www.torcivialaw.com The information contained in this transmission is attorney - client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by telephone collect and return the original message to the sender at the above address via the U.S. Postal Service. The sender will reimburse you for your expenses. Thank you. From: Baird, Thomas J. r mailto:TBaird(&ionesfoster.com] Sent: Monday, July 29, 2013 11:37 AM To: Glen Torcivia Cc: Robert(&rglawfirm.us; Bill Thrasher (bthrasher(ftulf- stream.orci ; Richman, Ashlee A.; Matias, Sally Subject: FW: Town of Gulf Stream v. O'Boyle Importance: High Glen: Friday of last week the parties to this proceeding reached a settlement of various proceedings which have been pending, one of which is this code enforcement case. Please execute the attached Order and email copies to Mr. 7/30/2013 Page 2 of 2 Gershman and Town Manager Bill Thrasher. Thanks. JONESFOSTER Thomas J. Baird Florida Bar Board Certified City. County• and Local Goyernment.Vtomey Direct Dial: 561.650.8232 1 Fax: 561.746.6933 1 tbaird(@,,jonesfoster.com Jones, Foster, Johnston & Stubbs, P.:\. 801 \laplewood Drive, Suite 22 -.1. Jupiter, Florida 33438 561 -659 -3000 1 wwwjonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise ytnt that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Ser6ce. Incoming emails are filtered which mac delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Green, Marilyn R. Sent: Monday, July 29, 2013 11:31 AM To: Baird, Thomas J. Subject: Town of Gulf Stream v. O'Boyle 7/30/2013 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM The Town of Gulf Stream, Plaintiff, V. Martin E. O'Boyle, Defendant. CASE NO.: CE2 -13 SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO JOAN ORTHWEIN: YOU ARE COMMANDED to appear before the Honorable Glen Torcivia, Magistrate of the Town of Gulf Stream, at the Town Hall in Gulf Stream, Florida, on July 16, 2013, at 8:00 a.m., to testify in this action and to have with you at that time and place the following: Any and all documents pertaining to your testimony at the July 16, 2013 hearing before the Magistrate of the Town of Gulf Stream. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you shall respond to this subpoena as directed. DATED on July 15, 2013 B e Honorable Glen Torcivia Magistrate of the Town of Gulf Stream r Attorney for the Defendant GERSHMAN & GERSHMAN, P.A. 2160 W. Atlantic Avenue, 2 "d Floor Delray Beach, FL 33445 (561) 684 -8898 (telephone) (561) 998 -5868 (facsimile) robertOrglawfirm.us Robert S. Gershman Florida Bar No. 917397 Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor's testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Honorable Glen Torcivia, (561) 686 -8700, 701 Northpoint Parkway Suite 209, West Palm Beach, FL 33407 within 2 working days of your receipt of this subpoena; if you are hearing or voice impaired, call 711. BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM The Town of Gulf Stream, Plaintiff, V. Martin E. O'Boyle, Defendant. CASE NO.: CE2 -13 SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO BOB GANGER: YOU ARE COMMANDED to appear before the Honorable Glen Torcivia, Magistrate of the Town of Gulf Stream, at the Town Hall in Gulf Stream, Florida, on July 16, 2013, at 8:00 a.m., to testify in this action and to have with you at that time and place the following: Any and all documents pertaining to your testimony at the July 16, 2013 hearing before the Magistrate of the Town of Gulf Stream. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you shall respond to this subpoena as directed. DATED on July 15, 2013 By: The4qndfable Glen Torcivia Magistrate of the Town of Gulf Stream mua.gS3In03o u/Aoy ail ;3o a;za;sISEW ulnloroy ua10 al urofi�OH PILL £IOZ `SI XInf uo CI]IVQ •poloanp su euoodgns sltp o; puodsar (jugs no i `unoo Pill .10 Xouious snp Aq uuaodqnssitpuiojjposnoxassolunptm,AoulouL,Sui A% ollo3 ag; Cq ivaddu of pauuaodgns aru no L •wuailS 31n0 3o umoy ay33o ale.xisi2vW ail; aiojaq 21uueaq £IOZ 191 SInf aql le Suomgsal .rood o; 5mulepad sluamnaop 11v puu SuV : ?ulAAojjo; ail; aould puu aura ;ugl ;u noA LD!M anuq o; puu uogou sllg ul iJ[ ;sal o; `qwu 00 :8lu `£IOZ `9I Xlnf uo tpuol3 `mua4S3In0 ul IIuH umOJ. 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Thanks. JONESFOSTER I �u t ma e � n wn r � Thomas J. Baird Florida Bar board Certified City. COnnr' and Local Govemment.Vtorne} Direct Dial: 561.650.8232 1 Fax: 561.746.6933 I tbaird(d1ionesfoster.com Jones, Foster, fohnston & Stubbs, P..1. 80l \laplewnod Drive. Suite 22 -A. Jupiter, Florida 33458 561 -059 -3000 1 www.ionesfoster.com U.S. Treasury Rggulatiun Circular 230 requires us to adds mu that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which mac delay receipt. This email is personal to the named recipient(s) and may be privileged and eon6dential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notit<' us by email and delete the original message. From: Green, Marilyn R. Sent: Monday, July 29, 2013 11:31 AM To: Baird, Thomas J. Subject: Town of Gulf Stream v. O'Boyle 7/30/2013 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM The Town of Gulf Stream, Plaintiff, V. Martin E. O'Boyle, Defendant. CASE NO.: CE2 -13 SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO JOAN ORTHWEIN: YOU ARE COMMANDED to appear before the Honorable Glen Torcivia, Magistrate of the Town of Gulf Stream, at the Town Hall in Gulf Stream, Florida, on July 16, 2013, at 8:00 a.m., to testify in this action and to have with you at that time and place the following: Any and all documents pertaining to your testimony at the July 16, 2013 hearing before the Magistrate of the Town of Gulf Stream. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you shall respond to this subpoena as directed. DATED on July 15, 2013 B e Honorable Glen Torcivia Magistrate of the Town of Gulf Stream 1 r " Attorney for the Defendant GERSHMAN & GERSHMAN, P.A. 2160 W. Atlantic Avenue, 2 "d Floor Delray Beach, FL 33445 (561) 684 -8898 (telephone) (561) 998 -5868 (facsimile) robertamilawfirm.us Robert S. Gershman Florida Bar No. 917397 Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor's testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Honorable Glen Torcivia, (561) 686 -8700, 701 Northpoint Parkway Suite 209, West Palm Beach, FL 33407 within 2 working days of your receipt of this subpoena; if you are hearing or voice impaired, call 711. BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM The Town of Gulf Stream, Plaintiff, V. Martin E. O'Boyle, Defendant. CASE NO.: CE2 -13 SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO BOB GANGER: YOU ARE COMMANDED to appear before the Honorable Glen Torcivia, Magistrate of the Town of Gulf Stream, at the Town Hall in Gulf Stream, Florida, on July 16, 2013, at 8:00 a.m., to testify in this action and to have with you at that time and place the following: Any and all documents pertaining to your testimony at the July 16, 2013 hearing before the Magistrate of the Town of Gulf Stream. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you shall respond to this subpoena as directed. DATED on July 15, 2013 By: The4qno6able Glen Torcivia Magistrate of the Town of Gulf Stream Attorney for the Defendant GERSHMAN & GERSHMAN, P.A. 2160 W. Atlantic Avenue, 2 "a Floor Delray Beach, FL 33445 (561) 684 -8898 (telephone) (561) 998 -5868 (facsimile) robertno rglawfirm.us Robert S. Gershman Florida Bar No. 917397 Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor's testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Honorable Glen Torcivia, (561) 686 -8700, 701 Northpoint Parkway Suite 209, West Palm Beach, FL 33407 within 2 working days of your receipt of this subpoena; if you are hearing or voice impaired, call 711. 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CE2 -13, AND THE ORIGINAL NOTICE OF HEARING BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM DATED MAY 14, 2013, THIS IS TO ADVISE THAT THE HEARING ORIGINALLY SCHEDULED FOR JUNE 4,2013 I$ RE- SCHEDULED TO BE HEARD ON JULY 16, 2013 AT 8:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. PLEASE BE ADVISED THAT THE TOWN IS DISMISSING THE CHARGE OF VIOLATION OF SECTION 66 -446. CHARGES OF VIOLATIONS OF SECTIONS 66- 141(1)d. & e. AND 70- 106(b)(3) WILL BE HEARD AS ORIGINALLY LISTED. AGENDA I. Call to Order. II. Case No. CE 2 -13. Martin E. O'Boyle, 23 Hidden Harbour Drive, Gulf Stream, Florida 33483 had prohibited colors painted on the north and south sides on the exterior walls of his home in violation of the following sections of the Gulf Stream Code of Ordinances: A. Sec. 66- 141(1)d. & e. requires that any change in exterior wall color must have a Level 1 Architectural /Site Plna Review. B. Sec. 70- 106(b)(3) requires exterior paint colors be from those listed as "approved" colors for Spanish Mediterranean architectural style structures. III. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OFTHE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 Date: July 15, 2013 NOTICE AND AGENDA IN REGARD TO THE STATEMENT OF VIOLATION, CASE NO. CE2 -13, AND THE ORIGINAL NOTICE OF HEARING BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM DATED MAY 14, 2013, THIS IS TO ADVISE THAT THE HEARING ORIGINALLY SCHEDULED FOR JUNE 4,2013 IS RE- SCHEDULED TO BE HEARD ON JULY 16, 2013 AT 8:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. PLEASE BE ADVISED THAT THE TOWN IS DISMISSING THE CHARGE OF VIOLATION OF SECTION 66 -446. CHARGES OF VIOLATIONS OF SECTIONS 66- 141(1)d. & e. AND 70- 106(b)(3) WILL BE HEARD AS ORIGINALLY LISTED. AGENDA I. Call to Order. II. Case No. CE 2 -13. Martin E. O'Boyle, 23 Hidden Harbour Drive, Gulf Stream, Florida 33483 had prohibited colors painted on the north and south sides on the exterior walls of his home in violation of the following sections of the Gulf Stream Code of Ordinances: A. Sec. 66- 141(1)d. & e. requires that any change in exterior wall color must have a Level 1 Architectural /Site Plna Review. B. Sec. 70- 106(b)(3) requires exterior paint colors be from those listed as "approved" colors for Spanish Mediterranean architectural style structures. III. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OFTHE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 Date: July 15, 2013 NOTICE AND AGENDA IN REGARD TO THE STATEMENT OF VIOLATION, CASE NO. CE2 -13, AND THE ORIGINAL NOTICE OF HEARING BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM DATED MAY 14, 2013, THIS IS TO ADVISE THAT THE HEARING ORIGINALLY SCHEDULED FOR JUNE 4,2013 IS RE- SCHEDULED TO BE HEARD ON JULY 16, 2013 AT 8:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. PLEASE BE ADVISED THAT THE TOWN IS DISMISSING THE CHARGE OF VIOLATION OF SECTION 66 -446. CHARGES OF VIOLATIONS OF SECTIONS 66- 141(1)d. & e. AND 70- 106(b)(3) WILL BE HEARD AS ORIGINALLY LISTED. AGENDA Call to Order. II. Case No. CE 2 -13. Martin E. O'Boyle, 23 Hidden Harbour Drive, Gulf Stream, Florida 33483 had prohibited colors painted on the north and south sides on the exterior walls of his home in violation of the following sections of the Gulf Stream Code of Ordinances: A. Sec. 66- 141(1)d. & e. requires that any change in exterior wall color must have a Level 1 Architectural /Site Plna Review. Sec. 70- 106(b)(3) requires exterior paint colors be from those listed as "approved" colors for Spanish Mediterranean architectural style structures. III. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OFTHE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 Date: July 15, 2013 f -� 7 -tJ lall -2g-r-, 4� 7D 06.3 CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA TOWN OF GULF STREAM, Petitioner, V. Respondent, MARTIN E. O'BOYLE ORDER Case No. CE 2 -13 The hearing on this matter commenced on Tuesday, July 16, 2013 and was continued on Thursday, July 18, 2013. The hearing on this matter shall continue on Monday, July 22, 2013 at 1:30 pm and, if necessary, shall continue on Tuesday, July 23, 2013 at 1 pm. Presuming that all testimony and evidence has been completed by July 23, 2013 and that both parties rest their cases, counsel for the parties shall submit proposed findings of facts and conclusions of law, along with any supporting memorandum of law, by the close of business on Monday, August 19, 2013 to Glen J. Torcivia, Esq., 701 Northpoint Parkway, Ste. 209, West Palm Beach, FL 33407, glen @torcivialaw.com. An Order will be issued and the ruling on this matter will be publicly announced on Tuesday, August 27, 2013 at 11 am. All of the above mentioned hearing shall take place at the Town Hall in the Town of Gulfstream, 100 Sea Road, Gulfstream, FL 33483. DONE AND ORDERED this 18" day of July, 2013. TOWN OF GULF STREAM CODE ENFORCEMENT BY: ecial Magistrate Copies furnished to: John Randolph, Esq., Town Attorney, 505 S. Flagler Dr., West Palm Beach, FL 33402 Robert S. Gershman, Esq., Respondent's Attorney, 2160 W. Atlantic Ave, 2 "" Floor, Delray Beach, FL 33445 NOTICE AND AGENDA IN REGARD TO THE STATEMENT OF VIOLATION, CASE NO. CE2 -13, AND THE ORIGINAL NOTICE OF HEARING BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM DATED MAY 14, 2013, THIS IS TO ADVISE THAT THE HEARING ORIGINALLY SCHEDULED FOR JUNE = 4,2013 IS RE- SCHEDULED TO BE HEARD ON JULY 16, 2013 AT 8:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. PLEASE BE ADVISED THAT THE TOWN IS DISMISSING THE CHARGE OF VIOLATION OF SECTION 66 -446. CHARGES OF VIOLATIONS OF SECTIONS 66- 141(1)d. & e. AND 70- 106(b)(3) WILL BE HEARD AS ORIGINALLY LISTED. AGENDA Call to Order. II. Case No. CE 2 -13. Martin E. O'Boyle, 23 Hidden Harbour Drive, Gulf Stream, Florida 33483 had prohibited colors Dainted on the north and south sides on the exterior walls of his home in violation of the following sections of the Gulf Stream Code of Ordinances: A. Sec. 66- 141(1)d. & e. requires that any change in exterior wall color must have a Level 1 Architectural /Site Plna Review. B. Sec. 70- 106(b)(3) requires exterior paint colors be from those listed as "approved" colors for Spanish Mediterranean architectural style structures. III. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OFTHE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 Date: July 15, 2013 5 70 -105 GULF STREAM CODE Typical Mediterranean Revival style garage with matching gable roof. Color, material, and roof consistent with principal building (preferred). (Ord. No. 00 -1, § 44, 3- 10 -00) Sec. 70 -106. Color. (a) Generally. as O O 4 3 E m° cs m i7 W W m U to Cc m 0 3 CO Z m ono LL CL 3 o tb t Q m Y U p J U U Z3 (1) Color should be representative of the architectural style of the structure. Various pastel colors characterize Gulf Stream - Bermuda style homes, while off-whites, warm pastels, and light earthtone colors are common to Spanish Mediterranean homes. The chapter addresses color in a manner that will aid in its selection. Three categories, principal building color, trim color, and accent color have been established that correspond to color application for various architectural features. (2) Approved colors may he appropriate for one style of architecture but may be inappropriate for another (see article VII, Predominant Architectural Styles). An example of an inappropriate use of color would be a blue Spanish Mediterranean style home. A complete color sample chart displaying all approved colors is available at the Town Hall. A complete list of approved principal building and trim colors follows, and an explanation of color terms and the methodology of the color selection process is included in section 70 -300. (3) The following colors are approved for all single -family homes. Colors are approved for the principal building and building trim. The color specifications referenced are from the Benjamin Moore Color Selector Kit, which is used as a reference only. The kit was selected based on completeness, ease of use, and availability. The town does not recommend or endorse any specific paint product or manufacturer. The kit, along with the color selection chart located in the Town Hall, shall serve as a basis for comparison, where any paint sample can be compared and classified as approved or prohibited. (b) Principal building. (1) Considerations. Many factors affect the application of color. Careful consideration should be exercised when selecting a color based on a color sample or color chip. Considerations include, but are not limited to, size, texture, and fenestration of the surface. Colors usually appear darker and more intense when applied over a large surface. The texture of the surface can cast shadows, CD70:60 p m �I O K Z 3 Z 3 z 3 m 0 0 N 0 QJ W GULF STREAM DESIGN MANUAL § 70 -106 making colors appear darker. The arrangement of the windows and various other elements define the amount of solid wall surface to consider. In general, colors should exemplify a high to medium -high value and a low to medium -low chroma (see section 70 -300, Color). (2) Definition. "Principal building color" shall refer to the predominant color application to all walls of the principal building and associated accessory structures. Principal building colors are subject to review and must be on the approved color list. (3) Approved color list. The following colors are approved as principal building colors on all homes except for the Spanish Mediterranean style. For Spanish Mediterranean style, yellow - greens, toned yellow - greens, toned greens, greens, blue - greens, toned blue- greens, blues, and blue - violets (colors #365 through 840) referenced herein shall be prohibited. a. Red- oranges/toned red - oranges: 001, 008, 009, 015, 016, 017, 022, 023, 024, 029, 030, 036, 037, 038, 043, 044, 045, 050, 051, 052, 053, 057, 058, 059, 060, 064, 065, 066, 067, 071, 072, 073, 078, 079, 080, 085, 086, 087, 092, 093, 094, 095, 099, 100, 101, 106, 107, 108, 113, 114, 115, 116, 120, 121, 122, 127, 128, 129, 134, 135, 136. b. Yellow - oranges /toned yellow- oranges /golds: 141, 142, 143, 148,149, 150, 155, 156, 162, 163, 164, 169, 170, 176, 177, 183, 184, 185, 190, 191, 192, 197, 198, 199, 204, 205, 206, 207, 211, 212, 213, 214, 218, 219, 220, 221, 225, 226, 227, 232, 233, 234, 239, 240, 241, 242, 246, 247, 248, 253, 254, 255, 260, 261, 262, 263, 267, 268, 269, 270, 274, 275, 276, 281, 282, 283, 284, 288, 289, 290, 295, 296, 297, 302, 303, 304, 305. C. Yellowltoaed yellows: 309, 310, 311, 316, 317, 318, 323, 324, 325, 330, 331, 332, 333, 337, 338, 339, 344, 345, 346, 347, 351, 352, 358, 359. d. Yellow -greens /toned yellow -greens (prohibited for Spanish Mediterranean): 365, 366, 367, 372, 373, 374, 375, 379, 380, 386, 387, 388, 393, 394, 400, 407, 408, 414, 421, 428. e. Toned greens (prohibited for Spanish Mediterranean): 435, 436, 437, 442, 449, 456, 457, 463, 464, 470, 471, 477, 478, 484, 485, 491, 492, 498, 499, 505, 506, 512, 513, 519, 520, 521, 526, 527, 533, 534. E Greens (prohibited for Spanish Mediterranean): 547, 582, 596, 617, 624. g. Blue - greens /toned blue - greens (prohibited for Spanish Mediterranean): 645, 652, 666, 673, 680, 694, 701, 708, 715. h. Blueslblue- violets (prohibited for Spanish Mediterranean): 771, 792, 793, 806, 807, 813, 834, 835. i. Off - whites /pastels: 841 thru 973 (all). j. Warm neutrals /beiges: 974, 975, 976, 981, 982, 983, 984, 988, 989, 990, 995, 996, 1002, 1003, 1004, 1005, 1009, 1010, 1011, 1016, 1017, 1018, 1023, 1024, 1025, 1030, 1031, 1032, 1037, 1038, 1039, 1044, 1045, 1046, 1051, 1052, 1053, 1058, 1059, 1060, 1065, 1066, 1067, 1068, 1072, 1073, 1074, 1079, 1080, 1081, 1086, 1087, 1088, 1093, 1094, 1095, 1100, 1101, 1107, 1108, 1109, 1114, 1115, 1121, 1122. k. Browns lred- browns: 1156, 1157, 1158, 1163, 1164, 1165, 1166, 1170, 1171, 1172, 1177, 1178, 1184, 1185, 1186, 1191, 1192, 1198, 1205, 1206, 1212, 1213, 1214, 1215, 1219, 1226, 1240, 1241, 1247, 1248. 1. Reds /red- violets: 1261, 1268, 1275, 1282, 1289, 1317, 1331. m. Vtoletsltoned violets: All not allowed. CD70:61 CLERn SCATE STa rr nr c; rQlDA ) C; . A PALM BEACH) ss TC,WV OF GULF STREAM l I Rita L Taylor hereby certdy that 1 am the duly appointed ant, acting Cle,k of the Town of Gulf Stream, Florida, that the foregoing IS e true and correct copy of a Document, the original of which is on file it the Office of the Town Clerk of the Town of Gulf Stream, Florida IN WITNESS WHEREOF, I have hereunto set my hand and athxod the official seal of said Town, thisday of ✓ 1 AD 1u' , (SEAL j t " Rita L Tay^�IV Town Clerk r CLERA s_ EICATL Sre. =tr,RlnA COuN ry OF PALM BEACH) ss TOWN OF GULF STREAM J I Rita L Taylor hereby certify that 1 am the duly appointed ant, acting C!e k of the Town of Gulf Sire Florida that the foregoing rs a true and correct copy of a Document. the original of which is on file to the 0/h'ce of the Town Clerk of the Town of Gulf Stream, Florida IN WITNESS WHEREOF, I have hereunto saitmY.1701a and affixed the Official seal of said Town, this day of ZY, 1 A D 201,7 (SF-4L) Rita L Taylor ra. aa+t § 70 -106 GULF STREAM CODE n. Cool neutrals /toned gray-greens. 1457, 1458, 1464, 1465, 1471, 1472, 1478, 1479, 1485, 1492, 1493, 1499, 1500, 1506, 1507, 1508, 1513, 1514, 1515, 1516, 1520, 1521, 1522, 1527, 1528, 1529, 1530, 1534, 1535, 1536, 1541, 1542, 1548, 1549, 1550, 1555, 1556, 1557, 1562, 1563, 1569, 1570, 1576, 1577. 0. Grays/blue- grays. 1583, 1584, 1585, 1590, 1591, 1597, 1598, 1604, 1611, 1612, 1618, 1619, 1625, 1626, 1632, 1633, 1639, 1640, 1646, 1647, 1653, 1660, 1661, 1667, 1674, 1675. (c) THM. (1) Considerations. In addition to the principal building surface, the trim constitutes an important part of the home. Color selection should differentiate the trim from the walls, but contrast should be appropriate to the architectural style. Creating contrast helps to highlight the building articulation, while at the same time reduces the potential box -like appearance. Care should be exercised in selecting a color that will not overpower or dominate the home. (2) Definition. "Trim color" shall refer to the color application to any or all building trim elements such as eaves, soffits, overhangs, cornices, friezes, fascias, windows, sills, brackets, and gutters (if painted). Trim colors are subject to review and must be on the approved color list and be consistent with the principal building color. (3) Approved color list. The following colors are approved as trim colors on all homes except for the Spanish Mediterranean style. For Spanish Mediterranean style, yellow - greens, toned yellow - greens, toned greens, greens, blue- greens, toned blue - greens, blues, and blue - violets (colors #365 through 840) referenced herein shall be prohibited. All approved principal building colors are approved as building trim colors. a. Red- oranges/toned red - oranges: 002, 010, 018, 025, 031, 039, 046, 054, 061, 068, 074, 081, 088, 096, 102, 109, 117, 123, 130, 137. b. Yellow - oranges /toned yellow- oranges /golds: 144, 151, 157, 165,171, 178, 186, 193, 200, 208, 215, 222, 228, 235, 249, 243, 256, 264, 271, 277, 285, 291, 298, 306. C. Yellow /toned yellows: 312, 319, 326, 334, 340, 348, 353, 360. d. Yellow-greens /toned yellow -greens (prohibited for Spanish Mediterranean): 368, 376, 381, 389, 395, 401, 415, 409, 422, 429. e. 7bned greens (prohibited for Spanish Mediterranean): 438, 443, 450, 458, 465, 472, 479, 486, 493, 500, 507, 514, 522, 528, 535. f. Greens (prohibited for Spanish Mediterranean). 540, 548, 554, 561, 568, 575, 583, 589, 597, 603, 610, 618, 625, 631. g. Blue - greens /toned blue- greens (prohibited for Spanish Mediterranean): 638, 646, 653, 659, 667, 674, 681, 687, 695, 702, 709, 716, 722, 729, 736. h. Blues /blue- violets (prohibited for Spanish Mediterranean): 743, 750, 757, 764, 772, 778, 785, 794, 799, 808, 814, 820, 827, 836. i. Warm neutrals /beiges: 977, 985, 991, 997, 1006, 1012, 1019, 1026, 1033, 1040, 1047, 1054, 1061, 1069, 1075, 1082, 1089, 1096, 1102, 1110, 1116, 1123. j. Browns /red- browns: 1159, 1167, 1173, 1179, 1187, 1193, 1199, 1207, 1216, 1220, 1227, 1233, 1242, 1249, 1254. k. Reds /red - violets: 1262, 1269, 1276, 1283, 1290, 1296, 1303, 1310, 1318, 1324, 1332, 1338. L Pwletsltoned violets: 1380, 1387, 1394, 1401, 1408, 1415, 1422, 1429, 1436, 1443, 1450. m. Cool neutralsltoned gray-greens: 1459, 1466, 1473, 1480, 1486, 1494, 1501, 1509, 1517, 1523, 1531, 1537, 1543, 1551, 1558, 1564, 1571, 1578. CD70:62 § 66 -136 ARTICLE V. SITE PLANS' DIVISION 1. GENERALLY Secs. 66- 136 - 66-139. Reserved. CLERn S LERTIFICATE STATE OF FLORIDA ) COUNTY OF PALM BEACH J as TOWN OF GULF STREAM ) I Rita L Taylor hereby certify that I am the duly appointed am, acting Clwk of the Town of Gulf Stream, Florida, that the foregoing Is a true and correct copy of a Document, the original of which is on file to the Office of the Town Clark of the Town of Gulf Stream, Florida IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Town, this &:n day of �rVr7A D 20D — (SEAL) " / Ct Rita L Taylor Town Gent GULF STREAM CODE DIVISION 2. ARCMTECTURAIJSITE PLAN REVIEW— LEVELS 1, 2 AND 3 Sec. 66 -140. Purpose and intent. This division seta forth procedures and stan- dards for the appropriate review authorities to review and approve, approve with conditions, or deny applications for architecturaysite plan re- view. The purpose of these provisions is to pro- mote harmonious, functional relationships among the various elements within any development such as the location of activities, vehicular and pedestrian circulation systems, and visual form to insure physical, social, and economic compatibil- ity with neighboring developments and condi- tions, as well as with the community at large and to prevent detrimental impacts to the natural environment on and off the site by providing for review and evaluation of site and building plans for all developments of the types listed in this division and elsewhere in this chapter. Although certain minimum standards are prescribed by specific provisions of this article and other sec- tions of this Code, architectural/site plan review will permit maximum flexibility in evaluating each plan on its merits and encourage variety and innovation within the intent and purpose speci- fied for each zoning district while insuring pri- vacy and safety on all levels. (Ord. No. 95 -1, § 2, 1- 30 -95) *Editor's note—Ord. No. 95 -1, § 2, adopted Jan. 30, 1995, repealed the former Art. V, and enacted a new ArL V as set out herein. The former Art. V, §§ 66- 151 --66 -154, pertained to similar subject matter and derived from Ord. No. 83 -1, §§ 2(X, M, 1-4), adopted April 8, 1983; Ord. No. 91 -2, § 1, adopted Jan. 21,1991; Ord. No. 91 -23, §§ 1-3, adopted Oct. 21, 1991. Cross references— Coastal construction code, § 42 -51 et Seq.; site plan required for marinas, § 52-51 at seq. Sec. 66 -141. Applicability. For purposes of administering the require- ments of this article, development projects are classified as follows: (1) Projects requiring level 1 architectural/ site plan review. a. Minor accessory structures, with the exception of any detached, habitable structures; b. Expansions of existing primary or accessory structures of up to ten Percent of the existing total floor area on the property but not to ex- ceed 300 square feet; C. Demolitions of existing primary or accessory structures of up to ten percent of the existing total floor area on the property but not to ex- ceed 300 square feet; Xcl- Changes in exterior wall, roofing, /7` window, door, mailboxes, awning, or column material, which are signifi- cantly different in color, texture, or appearance than the existing mate- rials. � /e. Changes in exterior wall, reefing, '` window or door colors which do not require a building permit; f. Increases or decreases in impervious Surface areas or changes in impervi- ous surface materials; g. Wells, fences and driveway gates not within the North Ocean Boulevard Overlay District. h. Minor improvements and landscap- ing along AIA and fences or walls along side property lines that are within the 50 -foot North Ocean Bou- levard Overlay District. i. Removal of up to two trees over eight inches in caliper, provided that rea- sonable replacement tree(s) are pro- posed. This section shall not he ap- plicable to clubs located within the Town which maintain golf courses which require removal and replace- CLER'e rL- STATE OF FLORIDA ) COUrvTV OF PALM BEACH) ss TOWN OF GULF STREAM J I Rile L Taylor hereby certify that I am the duty appointed ant, acting Cl-,k of the Town of Gulf Stream, Florida, that the foregoing Is a true and correct copy of a Document the onganal of which is on file M the Office of the Town Clerk Of the Town of Gulf Stream, Flonda IN WITNESS WHEREOF, I have hereunto set m hand and affixed the official seal of said Town, thfs�day o/ L AD 2u (SEAL) RilaL Iry /or Town Clads § 2-42 GULF STREAAl CODE (4) Attend all town commission meetings and he shall have the right to take part in discussion but may not vote. (6) Administer all laws, provisions of the char- ter and acts of the town commission sub- ject to enforcement by him or by officers subject to his supervision. (6) Prepare and submit the annual budget and capital programs to the town commis- sion. (7) Submit to the town commission and make available to the public a complete report on the finances and administration activ- ities of the town as of the end of each fiscal year. (8) Make such other reports as the town commission may require concerning the operations of town departments, offices and agencies subject to his direction and supervision. (9) Keep the town commission fully advised as to the financial condition and future needs of the town and make such recom- mendations to the town commission con- cerning the affairs of the town as he deems desirable. (10) Sign contracts on behalf of the town as directed by the town commission. (11) Perform such other duties as are specified in the charter or ordinances of the town or as may be required by the town commis- sion. (12) The town manager shall represent the town before appointive officers of other governmental bodies except when the town commission shall have designated some other person to act. (Ord. No. 89 -3, § 1, 5 -5 -89) Seca. 2- 43 -2 -55. Reserved. ARTICLE M. BOARDS AND COMMISSIONS DIVISION 1. GENERALLY Secs. 2- 56 -2 -65. Reserved. DIVISION 2. CODE ENFORCEMENT Sec. 2 -66. Title. This division may be known and cited as the "Code Enforcement Ordinance of the town of Gulf Stream, Florida." (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -67. Special magistrate term. (a) There is hereby established a special mag- istrate who shall be designated by the town commission. (b) The special magistrate shall be appointed for a term of two years and shall be appointed to serve in an ex -officio capacity if the special mag- istrate serves other local governments as a special magistrate. Such service to other local govern- ments does not create duties inconsistent with serving as special magistrate to the Town of Gulf Stream. (c) The special magistrate shall be an attorney and a member of the Florida Bar. (d) The special magistrate shall serve at the pleasure of the town commission. (e) The special magistrate shall preside over code enforcement matters scheduled to be heard from time to time. (f) Minutes shall he maintained at all hearings presided over by the special magistrate; all hear- ings shall be open to the public. The town shall provide clerical and administrative personnel as may he required by the special magistrate for the proper performance of his/her duties. (g) The town attorney or his/her designee shall represent the town by presenting cases before the special magistrate. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -68. Jurisdiction. (a) The special magistrate shall have the juris. diction and authority to hear and decide any alleged violations of the following chapters of the Code and ordinances of the town as the same may be amended from time to time: Supp. No. 1 CD2A (1) Chapter 6, Animals; CLER ;% S uER11FICATL STATE OF FIOPtnA ) U,*^ _1V OF F,iLi,A BEACH 1 SS TOyviv OF GULF STP,EAM ) I Rita L Taylor hereby certify that I am the duly appointed ant, acting Ck,k of the Town of Guff Stream. Panda, that the foregoing is a ti „e and correct copy of a Document, the origrol if, ;1,r,,h is on file in the Office o the Town Clerk of the Town of Guff Stream. Flonde IN Wi TNESS WHEREOF. I have hereunto set my and and affixed the official seat of said Town, thisis day of _UA.D2U 13 (SOU Rita L Taylor Towm Gsrk ADU NISTRATION (2) Chapter 10, Businesses, Professions and Occupations; (3) Chapter 18, Emergency Systems; (4) Chapter 22, Nuisances; (5) Chapter 26, Offenses; (6) Chapter 38, Waterways; (7) Chapter 42, Buildings and Building Reg- ulations; (8) Chapter 52, Marine Facilities, Structures and Places; and (9) Chapter 66, Zoning. (10) Chapter 70, Design Manual. (b) The jurisdiction of the special magistrate shall not be exclusive. Any alleged violation of any of the aforesaid codes and ordinances may be pursued by appropriate remedy in the court at the option of the administrative official bearing re- sponsibility for enforcement of that respective code or ordinance. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -69. Enforcement procedure. (a) An employee of the town who is duly au- thorized by the town manager and responsible for the enforcement of such ordinances, hereinafter referred to as a "code enforcement officer,” may initiate code enforcement proceedings and issue citations or notices of violation to a person or persons to appear in front of the special magis- trate when the code enforcement officer, upon personal investigation, has reasonable cause to believe that the person or persons are in violation of the codes cited in this division. Employees who may be designated as code enforcement officers may include but are not limited to, code inspec- tors, law enforcement officers, public works in- spectors, fire safety inspectors, and zoning inspec- tors. (b) If a violation of the codes is found, the code inspector shall notify the violator, unless subsec- tion (c) below applies, and give such violator a reasonable time, which shall not exceed 30 days, to correct the violation. Should the violation con- tinue beyond the time specified for correction, the code inspector shall notify the special magistrate § 2 -70 and request a hearing. The special magistrate shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in section 2 -75 to the violator. At the option of the special magistrate, notice may addi- tionally be served by publication or posting as provided in section 2 -75. If the violation is cor- rected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the special magistrate even if the violation has been corrected prior to the special magistrate hearing, the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not re- quired to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the special magistrate and request a hear- ing. The special magistrate shall schedule a hear- ing and shall provide notice pursuant to section 2 -75. The case may be presented to the special magistrate even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been cor- rected, the special magistrate retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay the costs as determined by the special magistrate. A repeat violation is a violation of a provision of a code or ordinance by a person whom the special magistrate has previously found to have violated the same provision within five years prior to the violation. (d) If the code inspector has reason to believe a violation of the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irrepara- ble or irreversible in nature, the code inspector shall make a reasonable effort to notify the viola- tor and may immediately notify the special mag- istrate and request a hearing. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2.70. Conduct of hearings. (a) At the hearing, the burden of proof shall be upon the town to show by substantial competent evidence that a violation did occur or does exist, Supp. No. 1 CD2:5 § 2 -70 GULF STREAM CODE or has been repeated. Assuming proper notice of hearing has been given to the respondent, either as actual notice or as provided herein, a hearing may proceed in the absence of the respondent. (b) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial and unduly repeti- tious evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible at a trial in the courts of the state. Documentary and physical evidence may be admitted. (c) The special magistrate may inquire of any witness who is testifying before him/her. The respondent, or his attorney and the town attorney and his/her designee shall be permitted to inquire of any witness before the special magistrate. The special magistrate may call any witness deemed necessary to provide a full and fair hearing of the case. (d) At the conclusion of the hearing, the spe- cial magistrate shall issue findings of fact based on evidence on the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the alleged violator within ten working days after the hearing. The order may include a notice that it must he complied with by a specified date and that a fine, as well as the cost of repairs, may be imposed if the order is not complied with by such date. A certified copy of such order may be re- corded in the public records of the county and shall constitute notice to any subsequent purchas- ers, successors in interest, or assigns if the viola- tion concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers or successors in interest or assigns. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -71. Powers. The special magistrate shall have the power to: (1) Adopt rules for the conduct of his/her meetings and hearings. (2) Subpoena alleged violators and witnesses to his/her hearings. (3) Subpoena evidence as necessary for his/ her hearings,including, but not limited to physical and documentary evidence such as records, surveys, plats and photo- graphs. (4) Take testimony under oath. (5) Issue orders having the force and effect of law which can command whatever steps are necessary to bring a violation into compliance, such decision to be made at the hearing and reduced to writing and mailed to the respondent(s) within ten working days thereafter. (6) Establish and enforce fines pursuant to section 2 -72. (7) Authorize the town attorney to foreclose on liens imposed pursuant to section 2 -72 which remain unpaid after a period of three months. (8) Authorize the reduction of any fine he/she has imposed. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -72. Administrative fines, costs of re- pair-, liens. (a) The special magistrate, upon notification by the code inspector that an order of the special magistrate has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the special magistrate for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the special magistrate. In addition, if the violation is a violation described in subsection 2 -69(d) of this division, the special magistrate shall notify the local governing body, which may make all reason- able repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. If a fording of a violation or a repeat violation has CLEF, S uER 1FICA7E Supp. No. 1 CD2:6 S1"/479 n.- 'Ss I Rlla L Taylcr herebi ramfr that 1 ,qm th,^ d!.dy ap.onmted anh aellnc L!m$ f f!Yn T .� r. i Iii - i F f a ;• ''_ l . , _ 3g 71n9 is a tilin and III Ji -; �nC c'1!, iPo� ,y, ,J' .i :ILi) IS on file In the Office et the Town Gerk w Ih Town of Gulf .S, -e;m, Fioni!a IN WITNESS WHEREOF: I have hereunto set ��my hand and affixed the official seal of said Town, this day of A. D 2u 3� (SEAL) — Llddt` Rita L Taylor Town C/o* STATFr ^.- nq hii - E riGA/c COt,"- TOV ✓A: OF uLF STP,EAM ss f 1111 L TeY /or hereby certdy that / am the acing GQ1k Ofthe Town oI Gulf Stream a true and correct co duly aPPOmted anb the Office PY of a Document h e OmO, that the foregoing of the Town Clerk of Iha OOgnial of going is IN WITNESS Wj the Town of Gulf Stream, I on f/le la a�aat seat �REOF, l have hereunto Flonda of said Town, this sat mY hand and axed the day of �U (SEAL) `L AD 2u/j Rita L Ta Town ADMINISTRATION been made as provided in this section, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, a special magistrate finds a violation to he irrep- arable or irreversible in nature, it may order the violator to pay a fine as specified in subsection (b), below. (b) A fine imposed pursuant to this section shall not exceed $250,00 per day for a first viola- tion, and shall not exceed $500.00 per day for a repeat violation, and, in addition may include all costs of repairs pursuant to subsection (a), above. However, if the special magistrate finds the vio- lation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. (c) In determining the amount of the fine, if any, the special magistrate shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to cor- rect the violation; and (3) Any previous violations committed by the violator. (d) A certified copy of an order imposing a fine may be recorded in the public record and thereaf- ter shall constitute alien against the land on which the violation exists, and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judg- ment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursu- ant to this section shall continue to accrue until the violator comes into compliance or until a judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the town and the town may execute a satisfaction or re- lease of alien entered pursuant to this section. After three months from the filing of any such lien which remains unpaid, the town may authorize the town attorney to foreclose on the lien. No lien created pursuant to the provisions of this section § 2 -75 may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -73. Duration. No lien provided under this division shall con- tinue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on alien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosures. The town shall he entitled to collect all costs incurred in recording and satisfying a valid lien. The contin- uation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -74. Appeals. An aggrieved party, including the town, may appeal a final administrative order of the special magistrate to the circuit court of Palm Beach County, Florida. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the special magistrate. The appeal shall he filed within 30 days of the execution of the order to be appealed. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -75. Notices. (a) All notices required by this section shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; or by leaving the notice at the violator's usual place ofresidence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. Supp. No. 1 CD2:7 § 2 -75 GULF STREAM CODE (b) In addition to providing notice as set forth in this section, at the option of the special magis- trate, notice may also be served by publication or posting, as follows: (1) Such notice shall be published once dur- ing each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Palm Beach County, Florida. The newspaper shall meet such requirements as are pre- scribed under F.S. ch. 50 for legal and official advertisements. (2) Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. (3) In lieu of publication as described in this section, such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at town hall. (4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under this section. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in this section, together with proof of publication or post- ing as provided in this section shall be sufficient to show that the notice requirements of this section have been met, without regard to whether or not the alleged violator actually received such notice. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -76. Procedure to request that a fine or lien imposed pursuant to sec- tion 2 -72 be reduced; conditions and criteria therefor. (a) The owner of real property against which a fine has been imposed pursuant to section 2 -72 may apply to the special magistrate, through the town attorney or his/her designee, for a satisfac- tion of the fine with less than full payment thereof. No such application shall be considered by the special magistrate until the applicant has first shown that: (1) All ad valorem property taxes, special assessments, town utility charges and other government - imposed liens against the sub- ject real property have been paid. (2) The applicant is not personally indebted to the town for any reason. (3) All town code violations have been cor- rected under necessary permits issued therefor. (b) In considering an application to reduce a fine or lien imposed pursuant to section 2 -72, no satisfaction thereof shall be approved by the spe- cial magistrate with less than full payment thereof, unless the special magistrate shall make a spe- cific finding that no violation of any ordinance de- scribed in section 2 -65 of this Code exists on the subject real property. (c) The balance of any fine or lien imposed pursuant to section 2 -72 that is reduced by the special magistrate shall be paid on such terms as approved by the special magistrate. (d) If the property for which an application for a fine reduction is being considered is owned by a government or quasi - government entity, the spe- cial magistrate may reduce such fine even if the violation has not been corrected. (e) Where recording has occurred and alien filed against the property, any request for a sat- isfaction of the lien with less than full payment shall be considered by the town commission not the special magistrate. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -77. Provisions supplemental and cu- mulative. Nothing contained in this division shall in any way bar or prohibit the maintenance of a suit at law or in equity by the town to enjoin or correct any violation of the ordinances of the town, nor to bar or prohibit the town from filing charges against any person, firm or corporation violating any town ordinance as provided by existing laws. This Supp. No. 1 CD2:8 CLERK S_ uE�FICATE STATE nr F; .^Riryq TC OF GULF STP,EAM 1 )SS I Rile L Taylor hereby certify that I am the duly appointed an(, acting C6k of the Town of Gulf Stream, Florida, that the foregoing IS B O and the copy of a Document, the e 0/f the 0`1911+"' of which Is on file to Office of f the Town Clerk of the Town of Gulf Stream, Florida IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Town, this_�LEday of ,1 ✓Ol' AD 2UZ3 (SE4L) �-- RitaL Taylor Town 0,* CLER1% _Q7, - IC;A I, STArE M,b -r (, > •: 11 BEACH ) ss T0,14v OF 60LF STP,EAM ) t Rita L Taylor hereby certify that 1 am the duly appointed ant, acting C6A of the Town of Gulf Stream. Florida, that the foregoing Is a boe and correct copy of a Document . the ongmal of which is on file in the Office of the Town Clerk of the Town Of Gulf Stream, Florida IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Town, this/ th day of V I A D 2dD (sE4L) Rita L Taylor Town chalk r•u u division shall be construed to be supplemental and cumulative with any and all other remedies available to the town and not exclusive. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -78. Alternative code enforcement pro- cedures. The town may employ other methods of code enforcement including, but not limited to, the issuance of a notice to appear in county court or arrest for violation of municipal ordinances as provided for in F.S. ch. 901. Unless otherwise specifically authorized and provided for by law, a person convicted of violating a municipal ordi- nance may be sentenced to pay a fine not to exceed $500.00, and may be sentenced to a defi- nite term of imprisonment not to exceed 60 days, in a municipal detention facility or other facility as authorized by law. (Ord. No. 06 -02, § 1, 5 -5 -06) ARTICLE IV. INSURANCE PREMIUMS Sec. 2 -80. Property insurance premiums tax. (1) There is hereby assessed and imposed on every insurance company, corporation or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on, the business of property insur- ance as shown by the records of the State Department of Insurance, an excise tax in addition to any lawful license or excise tax now levied by the Town, in the amount of one and eighty -five hundredths (1.85) Percent of the gross amount of receipts of premiums from policyholders on all pre- miums collected on property insurance policies covering property within the cor- porate limits of the Town. In the case of multiple -peril policies with a single pre- mium for both the property and casualty coverages in such policies, seventy (70) percent of such premium shall be used as the basis for the one and eighty -five hun- dredths (1.85) percent tax. This excise tax shall be payable annually on March 1 of each year. Supp. No. 1 CD2:9 § 2 -80 (2) All money derived from this tax shall be appropriated to the City of Delray Beach's Firefighter Relief and Pension Fund to provide fire- rescue services pursuant to the InterlocalAgreement between the lbwn of Gulf Stream and the City of Delray Beach. (Ord. No. 06 -08, § 1, 11- 17 -06) z /& \ \� \(\0k § / LU ) \/* 2 ° _ - gam( E§§E > -= /° oo* )ee jr LU (w k §)` ` $[e §G q© wbG ! IL >. 0 Kee » � < IL zU)Lu! x §)w ())( �`k` 2$\ OO=e *$ ■k LLI \ z _ \ Lu \ \ \Z /�) -- z 0 m oi \ \: § < 0 � 0 = ood § LU / } $ LL 2\ 2 ° < < _ »wZ \� <w >- z \� CO �Qm § �N %w \§ \& )§ §G§ §Gm 2 §IL / <0 � _ \/(/ )cn\ \�\ ] ���� °g! a : 52 Cl) =2 [$ § § ¥ < § �E § - q a §!s § X_ ) $/ ƒ ) § em m q § ƒ °b) R\ \q k mw�0 | /.0 at; ■ w B § \ ` ° \( CL z = ``< �` of \»\( } ! a z ow em z� ,L a. J §��\)j 0 ���`� \ co u, §/ oo0 LUZi�} j )F L)-% /� 0< E 2 00n w % /a-0 « §) k \-\ - } \mm5 Ff \ ! ka RETURN RECEIPT Article Addressed To: Martin O'Boyle 23 Hidden Harbour Drive Gulf Stream, Florida 33483 Signature o A dressee or Agent Signature Article No. 171 � +39 awl Date Delivered °`"`" ` °�� Gary R. Nikolits, CFA Property Appraiser °'der, �rr«r" Palm Beach County Location Address 23 HIDDEN HARBOUR DR Municipality GULF STREAM Parcel Control Number 20- 43- 46- 09 -46- 000 -0050 Subdivision HIDDEN HARBOUR ESTS Official Records Book 03413 Page 0410 Sale Date NOV -1980 Legal Description HIDDEN HARBOUR ESTS LOT 5 Owners OBOYLE MARTIN E Sales Date Price OR Book/Page NOV -1980 $170,000 03413 / 0410 Exemption Applicant /Owner IOBOYLE MARTIN E Property Appraiser's Public Access Mailing address 23 5 HIDDEN HARBOR DR GULFSTREAM FL 33483 7244 Sale Type WARRANTY DEED Year 2013 Page 1 of 1 VO V Owner OBOYLE MARTIN E Detail Number of Units 1 'Total Square Feet 7907 Acres 0.90 Tax Year Use Code 0100 - SINGLE FAMILY Zoning RS -F - SINGLE FAMILY - FRINGE ( 20 -GULF STREAM ) Tax Year 2012 2011 2010 Improvement Value $587,603 $357,387 $358,782 Land Value $1,033,560 $1,033,560 $1,033,560 Total Market Value S1,621,163 $1,390,947 $1,392,342 ht to • /hxnanxrrnnalm_hPnrhfl C /1A /)!112 All values are as of January 1st each year Tax Year 2012 2011 2010 Assessed Value $1,432,675 $1,390,947 $1,392,342 Exemption Amount $50,000 $50,000 $50,000 Taxable Value $1,382,675 $1,340,947 51,342,342: Tax Year 2012 2011 2010 Ad Valorem $25,336 524,935 $25,132 Non Ad Valorem 51,115 5174 S166 Totaltax S26,451 425,109 $25,298 ht to • /hxnanxrrnnalm_hPnrhfl C /1A /)!112 <±� )\® D ®§CR0 ( }%/ \/ ELC) EL BkG § §\ ° j}� )// r - (® ` §/\ < < Qf- [ )I§= < _ IL w < )(E E) _ �%a [ §L) )§) / \\ ` &§ §\ 000 j)/ (n))$ w §�° F- 0< 8222 ° LLJ ® ! _ _ <o) -` )§£ it (< �j\ `ZF- ; _ a,u )/\ \ §� - ° +cl @r! ®)a \ /\\ ))/ - ƒ \} /\: G/ \ \ \ \\ \ \m \ ) \\ oW= / § ° )\\\\ 2 / (} w § 0� }, § \ /[2 moow< §j) \)§ <W / {\ w <0 = 0 : ; ] k LU \L) (U)\ \U)\ ] /§/ wz22 °%; 7 /ƒ § ) 2 _— \!/S 2 u_ gW ))§ y; § \ a: m (if 0 CL § Q j ® Es ( § � ( (\ 2 0 \)Q IT e /0<> \o �� - @ § oz < <z , E& � : EAR2 $§z) �\ ! w E <M5c °J§» ƒ » ()§W ƒ� \ w /§\ Cl \ \ 3ƒ Q%( 7 w C) 0 <o 5m [ G0°w g!@j. s�mE ©==o- & ;m [ \ ( � !w }§G ` - »* m= Vewa0 _)K, �! O» } &w= \ to \)]sA � <ww±w ;5) Er iz §\ Z /M<� ~ w3: ok > - k § w0 m w33 § % § /8@ >§ ir8 k \ o { §; /± §\ /G3 »a NIL •.� .mom .!'•`.• „. - � Y -r•Xl; i f d r L u ri'l _ - -- Im 01--1 R I ra, IA I K 'tapi Page 1 of 1 http: / /wwryv.cbsl2.com/news/ top- stories / stories / /images /Garage_f3eTQ.jpg 4/19/2013 011A; r� r W COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Wce Mayor MURIEL J. ANDERSON W.GARRETTOERING ROBERT W. GANGER April 30, 2013 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COURTESY LETTER Telephone (561) 276 -5116 Fax (561) 737 -0186 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Mr. Martin O'Boyle 23 Hidden Harbour Drive Hand Delivery Article #171 Gulf Stream, Florida 33483 Dear Mr. O'Boyle: It has come to our attention that a large sign has been painted on one side of your home located at the above address and a series of multi - colored stripes painted on another side of your home. This is in violation of the Gulf Stream Code of Ordinances as follows: Section 66 -446: Prohibits any sign that is not listed in this section as being permitted. This sign is not listed in the permitted section. Section 70- 106(b)(3): Lists the approved colors for Spanish Mediter- ranean structures and the colors used are not on this list. Section 66- 141(1)d.&e.: Changes in exterior wall colors require a Level 1 Architectural /Site Plan Review, which is a staff review and permit. There is no charge. These violations are to be corrected no later than the close of business on Friday, May 3, 2013 by restoring the walls to their original color prior to the introduction of the signs. Failure to comply shall result in further action as provided in Chapter 2 Division 2, Code Enforcement, of the Gulf Stream Code of Ordinances. Reg- acrxd,�s• , / ) Rita L.T/ya�y�lor. ✓� �' `- Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33485 FAXCover Sheet Mr. O'Boyle Phone: Fax Phone: 954- 360 -0807 Date: 5 -1 -13 INumber of pages including cover sheet: 2 FROM: Rita Taylor, Town Clerk ?hone: 561- 276 -5116 +ax Phone: 561- 737 -0188 IREMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP I have enclosed the letter, bearing Article #171 for identification, that the officer brought to your home this morning. Please fax back to me a confirmation that you have received Article #171.I believe this is the solution you suggested to me on the phone this morning. )riginals to Follow by Mail: Yes CC: Fax Phone: No Transmission Report Date /Time 05 -01 -2013 02:09:20 p.m. Transmit Header Text Local ID 1 561- 737 -0188 Local Name 1 town of gulf stream This document: Confirmed (reduced sample and details below) Document size : 8.5 "x11 " F"Cov&Sheet IDste: 5 -1 -13 (Number otpagm including rover shell. 2 Hr. O'Boyle Fsx Phone: 954- 360 -0807 Rita Taylor, Town Clerk ne: 561 - 276.5116 Phone: 561- 737 -0188 o Aa Requested o Urgem o FYI o Fei Your Revicw c Reply ASAP I have Anclosed the letter, bearing Article /171 for identification, that the officer brought to your home this morning. Please fax back to me a confirmation that you have received Article 1171.1 believe this is the solution you suggested to me on the phone this morning. Originals to Follow by Mail: Yes No CC: Fax Phooe: Total Pates Scanned: 2 Total Pates Confirmed:2 No. Job Remote Station I Start Time Duration Pages 1 Line Mode I Job Type Results 001 287 19543600807 02:08:14 p.m. 05 -01 -2013 00:00:26 2/2 11 JEC IHS ICP26400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print CP: Completed TS: Terminated by system HR: Host receive PR: Polled remote RP: Report FA: Fall G3: Group WS: Waiting send MS: Mallbox save FF: Fax Forward TU: Terminated by user EC: Error Correct COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vlxe Mayor MURIEL 1. ANDERSON W. GARRETT DERING ROBERT W. GANGER TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR COURTESY LETTER April 30, 2013 Mr. Martin O'Boyle 23 Hidden Harbour Drive Hand Delivery Article #171 Gulf Stream, Florida 33483 Dear Mr. O'Boyle: It has come to our attention that a large sign has been painted on one side of your home located at the above address and a series of multi - colored stripes painted on another side of your home. This is in violation of the Gulf Stream Code of Ordinances as follows: Section 66 -446: Prohibits any sign that is not listed in this section as being permitted. This sign is not listed in the permitted section. Section 70- 106(b)(3): Lists the approved colors for Spanish Mediter- ranean structures and the colors used are not on this list. Section 66- 141(1)d. &e.: Changes in exterior wall colors require a Level 1 Architectural /Site Plan Review, which is a staff review and permit. There is no charge. These violations are to be corrected no later than the close of business on Friday, May 3, 2013 by restoring the walls to their original color prior to the introduction of the signs. Failure to comply shall result in further action as provided in Chapter 2 Division 2, Code Enforcement, of the Gulf Stream Code of Ordinances. Regards, Rita L. Taylor. ✓E-eJ `— Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 NOTE TO FILE: On May 8, 2013 Martin O'Boyle was in my office at 100 Sea Road waiting for me to make some copies he requested on Public Records Request #'s 367, 368, 369. After I gave him the copies I handed him the envelope that contained the Courtesy Notice of Violation that he refused to take when the officer tried to deliver it to his house. He asked "what's this ?" I told to accept from the Officer. He me." I said "I did but you didi He said " I told my attorney to apparently didn't. Perhaps you him it was the letter he refused said " I thought you faxed it to 1't fax me back a confirmation ". take care of that ". I said "He shouldn't pay him." Mr. O'Boyle left with the letter in his hand. Kelly Avery witnessed him leaving with the letter and also heard our conversation. )\� ® § §k ( k( (/\ )( _ $ §q2 - <0 W § �< §§\ ° Wƒ�\ \ CL » `% $d «� /t ![\ b[ G ! _ � P k2 /)\ °k° §22E § / ¥! \( _ ) �\ } k; /} )§� - )� §` -) it ) (j 2 )( \ < \ _ / § ° w \ /< Ir \ 0��§ \§ \w } / �F-V) § § 0 o §§,n C3 0o! o ,A ? ��±2 go - � ' E< §<z k LU 0 W w<z w* o c - - - - M J ) \ § j } t; \ ) / § § ¥ 2 C) § = §) < § q o 00 / m | e \ \} \ cl j\/ | E /`< \ z 2 C � [/\ O4 �z< [ ?/2 , �f 00 & Q 8 §J !° [ ' [ F)e& J \wcl\)\ \ \ (\ \() ` , § §/§ �< 2 U) /j \®\ \ \� §j R/ §\ k 0 \ } §§ -0r aR x "r ? Article Addressed To: Martin O'Boyle 23 Bidden Harbour Dr. Gulf Stream, FL 33483 Signature ot Addressee C4s� q 9:�p,q -OYh j ent Signature 7 v7" Article No. 173 Date Delivered USPS - The United States Postal Service (U.S. Postal Service) Page I of 1 You antered: 70120470000122200858 Your Item's Status We attempted to deliver your item at 407 pm on May 17, 2013 in DELRAY BEACH, FL 38180 and a notice was left . You may arrange mdalivery by visiting http'. / /&it a are/= 'hOpe/Mw-w.uaps coMndelwaryA lcxrms htm'&gt,. uspammm doi uy&lt; /eBpC or calling 8MASK-USPS, or may pick up the item at the Post Once indicated on to notice. If this item Is uradeimetl alter 15 business days ten it will be returned to under. Information, if available, is updated peradicaily throughout to day. Pease check again later -0 I. IP -0 711117 M C1 ru $ `:J' ru Postage ru CaNllad Fee 2j AA__ -7 111111 C C3 p Return Receipt Fee (Endorsement Required) ms�''ss per. Posers, ref Js Here - - � 1 � -I O RestrloptlQQ�v r i (Endoreement Requiretl) Qr O Total Postage & Fees �..� 1 �S t Y 11 � 61 -r C3 ti Martin O'Boyle G Sbee4 Apt. ------------------ $2;n ---------------- - .................. M1 orpos -No. 23 Hidden H*4Our dS!WW13 https: / /www.usps.com/ 6/2/2013 COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice Mayor MURIELJ. ANDERSON W. GARRETT DERING ROBERT W. GANGER April 30, 2013 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COURTESY LETTER Mr. Martin O'Boyle 23 Hidden Harbour Drive Gulf Stream, Florida 33483 Dear Mr. O'Boyle: Telephone (561) 276-S116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Hand Delivery Article #171 It has come to our attention that a large sign has been painted on one side of your home located at the above address and a series of multi - colored stripes painted on another side of your home. This is in violation of the Gulf Stream Code of Ordinances as follows: Section 66 -446: Prohibits any sign that is not listed in this section as being permitted. This sign is not listed in the permitted section. Section 70- 106(b)(3): Lists the approved colors for Spanish Mediter- ranean structures and the colors used are not on this list. Section 66- 141(1)d. &e.: Changes in exterior wall colors require a Level 1 Architectural /Site Plan Review, which is a staff review and permit. There is no charge. These violations are to be corrected no later than the close of business on Friday, May 3, 2013 by restoring the walls to their original color prior to the introduction of the signs. Failure to comply shall result in further action as provided in Chapter 2 Division 2, Code Enforcement, of the Gulf Stream Code of Ordinances. Regards, Ra L Taylor. Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 C Pl N H Si H Real HHrH ooyo H7x gotio mY E9 w�e x z x H C+] W w m W w N N 0 i N Ll O O1 r .o \ r w F% t c a c� n E a rn Z o o • � -n G o/ti�I� r b NV I O 0 -n N W h HI :4 rt rn i p rt i N ';J O D3 bd P W C n r m a m t� C W t W A 00 Ij Lo G m / z> D�� ;0 w m co r t-' ru IL O r C3 �o N IL ru o m \j w a m m 0 � � o • � a D{ O N o/ti�I� 3_WZV• WM0 NV I Z. ➢F� W Z 0 T m m r q : d 2; � -- - ... - -- - -- 13 13 EEl k go 9 §§ / 2 §� \iE) W. 3 {� ` ( = 5 £ ); -! \ \\ = E K Jam;;!■ §E� &§ RE0 K § N§ ; \ ) \ 7 m ,M �CL ❑ \ § � )0 % \ \ /k0 Er I §" /2§ 4.- § { / \ i ° m , , x , $\ f . § 13 13 EEl $! a!J ! \iE) \ {� peal I® N§ m ❑ \ § � % , , x , $\ f . § \� 13 13 EEl $! a!J \ {� \� Building Planning and Zoning Department Town of Gulf Stream 100 Sea Road FL 33483 CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASE NO: CE 2 -13 Article #173 Ph. (561) 276 -5116 Fax (561) 737 -0188 5 -14 -13 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL MAGISTRATE of the Town. 1. Location/Address where violation(s) exist(s): 23 Hidden Harbour Drive 2. Legal Description: Lot 5 Hidden Harbour Estates 3. Name and address of owner /person in charge where violation(s) exist(s): Martin E. O'Boyle, 23 S Hidden Harbour Drive Gulf Stream, Florida T1481 Sign painted on S side of dwelling 4. Violation of Town Code Section(s) and description(s): & multi- colored stripes painted on N si Sec. 66 -446 prohibits any sign not listed as being permitted. This sign not listed. Sec. 70- 106(b) (3) lists approved colors for Spanish Mediterranean structures & colors Mat are used are not on s approve ist. Sec. - e. prove s that changes in exterior wall colors require a Level 1 Architectural /Site Plan Review, which is a permit. N r-e—Vested and ne pprmi-# { r these changes. (SEE ATTACHED "EXHIBITS OF VIOLATION ") 5. Date of First Inspection: April 30. 2013 Faxed notice on 5 -1 -13. Refused to accept hand delivered notice 5 -1 -13 6. Date owner first notified of violation(s): Accepted notice at Town Hall on 5 -8 -13 Was given 48 hours which was May 3, 2013 7. Date on/by, which violations are to be corrected: in the notice he refused but was sent via fax. * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * ** Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561- 276 -5116 to verify COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HERBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf Stream Code Enforcement Special Magistrate on 6 -4 -13 at 2 P.M. or as soon thereafter as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf Stream, Florida. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Magistrate may base his/her findings solely upon presentation by the Town Code Inspector William H. Thrasher, own Manager Town of Gulf Stream Building Planning and Zoning Department Town of Gulf Stream 100 Sea Road Gulf FL 33483 CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASE NO: CE 2 -13 Article //173 Ph. (561) 276 -5116 Fax (561) 737 -0188 5 -14 -13 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL MAGISTRATE of the Town. 1. Location/Address where violation(s) exist(s): 23 Hidden Harbour Drive FA Legal Description: Lot 5 Hidden Harbour Estates 3. Name and address of owner /person in charge where violation(s) exist(s): Martin E. O'Boyle, 23 S Hidden Harbour Drive Gulf Strpam Florida 11481 Sign painted on S side of dwelling 4. Violation of Town Code Section(s) and description(s): & multi- colored stripes painted on N si Sec. 66 -446 prohibits any sign not listed as being permitted. This sign not listed. Sec. 70- 106(b)(3) lists approved colors for Spanish Mediterranean structures & colors ttidt are used are not on ttris approved list. ec. - . e. prove s t changes in exterior wall colors require a Level 1 Architectural /Site Plan Review, which is a ~-rF r ew- and permit Ne - a and ne a { r these changes. r (SEE ATTACHED "EXHIBITS OF VIOLATION") 5. Date of First Inspection: April 30 2013 Faxed notice on 5 -1 -13. Refused to accept hand delivered notice 5 -1 -13 6. Date owner first notified of violation(s): Accepted notice at Town Hall on 5 -8 -13 Was given 48 hours which was May 3, 2013 7. Date on/by, which violations are to be corrected: in the notice he refused but was sent via fax. * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * ** Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561- 276 -5116 to verify COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HERBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf Stream Code Enforcement Special Magistrate on 6 -4 -13 at 2 P.M. or as soon thereafter as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf Stream, Florida. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Magistrate may base his /her findings solely upon presentation by the Town Code Inspector 9fa. William H. Thrasher, own Manager Town of Gulf Stream 9119-9LZ(199) £sb££'Id `uivajjS3InD pEOU saS 001 utuallS3lnDjo umos )lift umoi, `IOjAus •'I lilt :Ag A'IIONIQ2I000V THIMd OA NHFIAOJ RSVg'Id (SOlo'9sz Sd) paseq aq of st Iuaddu gotgm uodn aouaptna pus Auoultlsal sapnlout ptoOal gotgm uodn `apsut st sgatpa000id otg 3o pwoal tutlugtaA s lugl amsuo of paau Autu Aagl `asodmd guns Io; pus `sstnpaaooid agi 3o plooal u paau Iltm Aogl `Sutlaatu loafgns it palaptsuoo siallum Auu of loodsal gptm alu lstSsyq jumodS oql Aq opum uoistoap Aus luoddu of sopt0op uoslad s 3I 'gSVO UnOA 2IgGISNODad 01 3.LV2LLSIOVW TVIOgdS HH.L 2IOd LRW gg ,LSfIW .LSanOg2I HOPIS 2IOd S.Lld9WMfl0aH I IV 'S LS9ni,)9 I HOfIS AMV 2103 y vgH LS MD d0 NMO.L 9H.L O,L Qg,L.LIWEMS gg .LSflw ggd g.LVIud02IddV dl-LL QNV NOI.LVOIIddV us `aMa NI xOI.L0fIQff2I s Isanboi of gsim noA pus ooustldmoo ut mou si pus aug ut sum asuo InoA 3t io uosual Auu Io3 asao moA dgc11SN00g2I aluRstSsW IstoadS aql ansq of gstm noA 3I •paialua st IapiO s,aiullstssyg jstoadS agl Iagu SAVQ 0£ utgltm A.LNROO HOVgg W-TVd 30 .L2If100 .LIfIO2II0 aql of Isaddu Asut noA 'olv4stSEW jutoodS agl jo uotstoop u tptm aw2ustp noA jj 'NMO,L UH.L Ag NOI.LOV NOI.LOdTI00 QNV Mins0'IOd2I03 NI .L'IfIsau NVO sami HOPIS AVd Oil H2M IIVd TfIOA Ag QgNMO A.L21gd02Id 'IVNOS2Idd No lava -d ANV NO Ngl'I V 9,LfI.LI.LSN00 'IITVHS SFIMJ HOPIS 'g.LV2IJ,SIOVw TdIOgdS gH.L Ag QgSOdm gg I IIM SgtZd `aiu4st5uyl lstoadS agl alo ;aq asso moC Sutinoosoid ut Itgssaaons st umoy otll3I •aoustldutoo -uou ut Sututsutal uotlulotA goua Io3 AVQ 2lgd 00 "OSZ$ O.L (M d0 alUj V gSOd AH us0 aqs /ag `utatagl quo; las ponad ouni agi unptm Iapio Bons gitm Alduroo of Its3 noA 3t pus opo0 oql gum ffONVI'IdInI00 gZVlQgygZM Iapto Aunt aqs /aq `uotisjotn s paiitunuoo annq noA lugs spug alullsTFEW jstoadS agi 3I 'NOI.LV'IOIA NI gg Ol SgfIN1.LN00 flOA Ag QdNMO QNV NIgNaH (IFIMDSgQ A.UdHd02Id 'IVHN 30 'IFIDUVd RHI IVH.L HIV dLSIDVW 'IVIOgdS .LNdytId0NOdNd 8000 FIH.L Ag QgMSg2Id gg TIIM .LI `y4Vd2I LS ATIJ 30 NMO.L 9H.L AALLON O.L -IIVd flOA dl "ONrJVFIH 3.LV2I.LSIDVW'IVIO9dS d1IL 01210I2Id GELLDM"00 Ndgg gAVH (S)NOILV'IOIA 3HL dI NgAH HLV2I.LSIDVW'IVIOgdS 9HL 01 Qg.LNgSg2Id gg AVW 9SVO gHS `(S)2Mg2I NaHl QNV Q91DR-H I00 g2IV /SI (S)NOILV'IOIA dll.I M 2I0 `NOIIOH2I2I00 WOd QgIdIOffdS 9PEJ, 3H.L NI Qg.I0g2I2I00 .ION g2IV /SI (S)NOI.IV'IOIA UHZ dI NOILOgdSNIg2I V JNI.LSanoM1 MTV flOA IVH.L QNV Sg000 NMO.L 30 NOI,LV'IOIA M UHDMO'I ON SI a3lLON SIH.L NI QggI210SgQ QNV flOA Ag G2XMO ALURdONcl -IV9N 30 '1902Nd flI-IL .LVHI g2I0199 2I0 NO 91I9-9LZ (199) IV WVRXIS ATIO AO NMO.L dHL A.I.LON.LSfIW fIOA \§� D§ \�k ( � W \[M _ 2§§§ - z } ■- \ \j�) j <W o ■e■` b z: }\ z � [ < F-))$ 3' °k~ LLI qe=O ; §}■G _ ) i of \ k° \/§ - ( uj \ B \ j \ \ / m @\ ^ \ ` F 0 \) /�)m m \§ \w § § �� =2 §Gm §G§ : ] 0 2 :a w k \ \ § M <Z W<z � �) §E e[@ - - - E _ [} )\ W § § §) ° �S ® ® w §s § % k ® <0 k 0 R[ LU $» < |k� §7 a �f ■ ( B « z o m 2E r; ©� ! 42 �c4 § \§y « ƒ \ § 7§ \ §j ( §J �� a § /R) § §W0�- 2 § �A �} \§§\ - O(w \ M m w< °!m $w (5% Ir ® M §4 )2 »< L % _ ; §\ k \®\ j § \/§ // § \«R &a RETURN RECEIPT Article Addressed To: Martin O'Boyle Attn: Attny. Robert Gershman 2160 W. Atlantic Ave. 2nd Floor Delray Beach, FL 33445 S ignat�e o A dressee or � � 1 J atih r\n(� m9fft Sigiature Article No. 174 Date peli rred `7 A( l3 13- ���5 1 •* I r � MW 70 f. L ian 0 _-� 14 ti•� W u^ N � I LA iI I i I 0,0ago I I -1 I CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, JUNE 4, 2013 AT 2:00 P.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, FULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Cas* - TIT - - A T in. E. O'Boyle, 23 S.. Hidden Harbour Dri G✓( rida 33483 had a sign painted on the sou at this address and multi - colored str: as rth side of his home in violation of t �� of the Gulf Stream Code of Ordinances: A• any sign not listed in this itted. B. bb- 1 requires that any change in exterior wall color must have a Level 1 Architectural /Site Plan Review. C. Sec. 70- 106(b)(3) requires exterior paint colors be from those listed as "approved" colors for Spanish Mediterranean architectural style structures. III Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 FAX Cover Sheet Attny. Donlon Phone: Fax Phone: 686 -8764 Date: 5 -31 -13 Number of pages including cover sheet. FROM: Rita Taylor Town Clerk Phone: 561- 276 -5116 Fax Phone: 561- 737 -0188 2 REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP Please -see enclosed agenda for the O'Boyle hearing on June 4, 2013 at 2 P.M. If you need copies of these Sections prior to the hearing, give me a call and I will fax them to you. Originals to Follow by Mail: Yes CC: Fax Phone: No Date /Time 05 -31 -2013 03:50:20 p.m. Local ID 1 561- 737 -0188 Transmission Report Transmit Header Text Local Name 1 town of gulf stream This document: Confirmed (reduced sample and details below) Document size : 8.5 "x11 " IF/'1/\ Cover sheet (Date: 5-31 -13 Wombs orpagm including cova sheet 2 Attny. Donlon Phone: 686 -8764 Rita Taylor Tow Clerk ne: 561 - 276 -5116 Phone: 561- 737 -0188 o Aa Requmiedo Urgmt n FYI o Foi YourReview o Reply ASAP Please,,see enclosed agenda for the O'Boyle hearing on June 4, 2013 at 2 P.M. If you need copies of these Sections prior to the hearing, give me a call and I 'ill fax them to you. I Originals to Follow by Mail: Yes No I CC: Pax Phone: Total Pages Scanned : 2 Total Pages Confirmed : 2 No, Job I Remote Station Start Time I Duration I Pages I Line I Mode I Job Type I Results 001 1562 1561686 8764 03:49:19 p.m. 05 -31 -2013 00:00:27 2/2 11 JEC IHS I CP21600 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print CP: Completed TS: Terminated by system HR: Host receive PR: Polled remote RP: Report FA: Fall G3: Group 3 WS: Waiting send MS: Mallboxsave FF: Fax Forward TU: Terminated by user EC: Error Correct Page I of 1 Rita Taylor From: Matias, Sally [SMatias @jonesfoster.com] Sent: Monday, July 15, 2013 8:50 AM To: Rita Taylor Subject: William F. Ring, Jr. William F. Ring, Jr., Esquire 1280 West Newport Center Drive Deerfield, Beach, Florida 33432 Telephone: 954 - 570 -3510 Facsimile: 954- 360 -0807 JONES FOSTER lull]ti III\ A +I t lim. P.A. Sally Matias Secretary to John C. Randolph and I-1. Michael Easley Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smatias( lionesfoster.com Jones, Poster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561- 659 -3000 1 www.ionesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. z rye 7/15/2013 CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, JUNE 4, 2013 AT 2:00 P.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, FULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Case No. CE 2 -13. Martin.E. O'Boyle, 23 S. Hidden Harbour Drive, Gulf Stream, Florida 33483 had a sign painted on the south side of his home at this address and multi - colored stripes painted on the north side of his home in violation of the following sections of the Gulf Stream Code of Ordinances: A. Sec. 66 -446 prohibits any sign not listed in this section as being permitted. B. Sec. 66- 141(1)d. &e. requires that any change in exterior wall color must have a Level 1 Architectural /Site Plan Review. C. Sec. 70- 106(b)(3) requires exterior paint colors be from those listed as "approved" colors for Spanish Mediterranean architectural style structures. III Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 FAXCover Sheet I TO: Attny. Glen Torcivia Phone: Fax Phone: 686 -8764 Date: 7 -14 -13 Number of pages including cover sheet: 12 FROM: Rita Taylor, Town Clerk Phone: 561 - 276 -5116 Fax Phone: 561- 737 -0188 IREMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP I have enclosed a copy of the NOTICE AND AGENDA for the SPECIAL MAGISTRATE HEARING to be held Tuesday, July 16, 2013 at 8:00 A.M. here in the Town Hall, 100 Sea Road, Gulf Stremn, FL. Also enclosed are copies of the Sections of our Code that are mentioned on the agenda. If you need anything else, give me a call. Driginals to Follow by Mail: Yes CC: Fax Phone: No x r Date /Time Local ID 1 Transmission Report 07 -14 -2013 10:25:54 a.m. Transmit Header Text 5617370188 Local Name 1 Fax This document : Confirmed (reduced sample and details below) Document size : 8.5 "x11 " g Ft �a FAXCaversheet (Date: 7 -14 -13 lbmTberafpegmincluding rovereheet 22 Attey. Glen Torcivia Rita Taylor, Town Cleric Phone: 561 - 276 -3116 Phone: 686_8764 Fox Phone: 561 - 737 -ola6 o As Requestedo Urgent o FYI o For YourReview o Reply ASAP I have enclosed a copy of the NOTICE AND AIWA for the SPPCIAT. MMMt= BEAR= to be held Tuesday, Jay 16, 2813 at 8:00 A.M. bere in the Ttaxr Rnit,, 100 Sea Food, Gulf Strem, i2. Also enclosed axe copies of the Sect'" of out Code that are mmtioned m the agenda. If you need m7thing else. give an a call. Iriginals to Fallow CC: Fax Phone: Total Pages Scanned: 12 Total Paces Confirmed : 12 No. IJob Remote Station 15tartTime Duration Pages Une I Mode Job Type I Results 001 220 5616868764 10:20:24 a.m. 07 -14 -2013 00:04:48 12112 1 EC HS CP16800 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print CP: Completed TS: Terminated by system HR: Host receive PR: Polled remote RP: Report FA: Fall G3: Group 3 WS: Waiting send MS: Mailbox save FF: Fax Forward TU: Terminated by user EC: Error Correct NOTICE AND AGENDA IN REGARD TO THE STATEMENT OF VIOLATION, CASE NO. CE2 -13, AND THE ORIGINAL NOTICE OF HEARING BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM DATED MAY 14, 2013, THIS IS TO ADVISE THAT THE HEARING ORIGINALLY SCHEDULED FOR JUNE - 4,2013 IS RE- SCHEDULED TO BE HEARD ON JULY 16, 2013 AT 8:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. PLEASE BE ADVISED THAT THE TOWN IS DISMISSING THE CHARGE OF OLATION OF SECTION 66 -446. CHARGES OF VIOLATIONS OF SECTIONS 66 -14 )d. & e. AND 70- 106(b)(3) WILL BE HEARD AS ORIGINALLY LISTED. AGENDA I. Call to Order. II. Case No. CE 2 -13. Martin E. O'Boyle, 23 Hidden Harbour Drive, Gulf Stream, Florida 33483 had prohibited colors Dainted on the north and south sides on the exterior walls of his home in violation of the following sections of the Gulf Stream Code of Ordinances: A. Sec. 66- 141(1)d. & e. requires that any change in exterior wall color must have a Level 1 Architectural /Site Plna Review. B. Sec. 70- 106(b)(3) requires exterior paint colors be from those listed as "approved" colors for Spanish Mediterranean architectural style structures. III. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OFTHE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 § 66 -136 ARTICLE V. SITE PLANS* DIVISION 1. GENERALLY Secs. 66- 136-66 -139. Reserved. GULF STREAM CODE DIVISION 2. ARCHITECTURAL/SITE PLAN REVIEW — LEVELS 1, 2 AND 3 Sec. 66 -140. Purpose and intent. This division sets forth procedures and stan- dards for the appropriate review authorities to review and approve, approve with conditions, or deny applications for architectural/site plan re- view. The purpose of these provisions is to pro- mote harmonious, functional relationships among the various elements within any development such as the location of activities, vehicular and pedestrian circulation systems, and visual form to insure physical, social, and economic compatibil- ity with neighboring developments and condi- tions, as well as with the community at large and to prevent detrimental impacts to the natural environment on and off the site by providing for review and evaluation of site and building plans for all developments of the types listed in this division and elsewhere in this chapter. Although certain minimum standards are prescribed by specific provisions of this article and other sec- tions of this Code, architectural/site plan review will permit maximum flexibility in evaluating each plan on its merits and encourage variety and innovation within the intent and purpose speci- fied for each zoning district while insuring pri- vacy and safety on all levels. (Ord. No. 95 -1, § 2, 1- 30 -95) *Editor's note —Ord. No. 95 -1, § 2, adopted Jan. 30, 1995, repealed the formerArt. V, and enacted a new Art. V as set out herein. The former Art. v, §§ 66- 151 -66 -154, pertained to similar subject matter and derived from Ord. No. 83 -1, §§ 2(7, M, 1--1), adopted April 8,1983; Ord. No. 91 -2, § 1, adopted Jan. 21,1991; Ord. No. 91 -23, §§ 1 -3, adopted Oct. 21, 1991. Cross references — Coastal construction code, § 42 -51 at seq.; site plan required for marinas, § 52 -51 at seq. CD66:36 Sec. 66 -141. Applicability. For purposes of administering the require- ments of this article, development projects are classified as follows: (1) Projects requiring level 1 architectural/ site plan review. a. Minor accessory structures, with the exception of any detached, habitable structures; b. Expansions of existing primary or accessory structures of up to ten percent of the existing total floor area on the property but not to ex. ceed 300 square feet; C. Demolitions of existing primary or accessory structures of up to ten percent of the existing total floor area on the property but not to ex- ceed 300 square feet; Kd. Changes in exterior wall, roofing, � window, door, mailboxes, awning, or column material, which are signifi- cantly different in color, texture, or appearance than the existing mate- rials. Changes in exterior wall, roofing, window or door colors which do not require a building permit; f. Increases or decreases in impervious surface areas or changes in impervi- ous surface materials; g. Walls, fences and driveway gates not within the North Ocean Boulevard Overlay District. h. Minor improvements and landscap- ing along AlA and fences or walls along side property lines that are within the 50 -foot North Ocean Bou- levard Overlay District. i. Removal of up to two trees over eight inches in caliper, provided that rea- sonable replacement tree(s) are pro- posed. This section shall not be ap. plicable to clubs located within the Town which maintain golf courses which require removal and replace- § 70 -105 GULF STREAM CODE Typical Mediterranean Revival style garage with matching gable roof. Color, material, and roof consistent with principal building (preferred). (Ord. No. 00 -1, § 44, 3- 10 -00) Sec. 70 -106. Color. (a) Generally. (1) Color should be representative of the architectural style of the structure. Various pastel colors characterize Gulf Stream - Bermuda style homes, while off - whites, warm pastels, and light earthtone colors are common to Spanish Mediterranean homes. The chapter addresses color in a manner that will aid in its selection. Three categories, principal building color, trim color, and accent color have been established that correspond to color application for various architectural features. (2) Approved colors may be appropriate for one style of architecture but may be inappropriate for another (see article VII, Predominant Architectural Styles). An example of an inappropriate use of color would be a blue Spanish Mediterranean style home. A complete color sample chart displaying all approved colors is available at the Town Hall. A complete list of approved principal building and trim colors follows, and an explanation of color terms and the methodology of the color selection process is included in section 70 -300. (3) The fallowing colors are approved for all single -family homes. Colors are approved for the principal building and building trim. The color specifications referenced are from the Benjamin Moore Color Selector Kit, which is used as a reference only. The kit was selected based on completeness, ease of use, and availability. The town does not recommend or endorse any specific paint product or manufacturer. The kit, along with the color selection chart located in the Town Hall, shall serve as a basis for comparison, where any paint sample can be compared and classified as approved or prohibited. (b) Principal building. (1) Considerations. Many factors affect the application of color. Careful consideration should he exercised when selecting a color based on a color sample or color chip. Considerations include, but are not limited to, size, texture, and fenestration of the surface. Colors usually appear darker and more intense when applied over a large surface. The texture of the surface can cast shadows, CD70:60 GULF STREAM DESIGN MANUAL 4 70 -106 making colors appear darker. The arrangement of the windows and various other elements define the amount of solid wall surface to consider. In general, colors should exemplify a high to medium -high value and a low to medium -low chrome. (see section 70 -300, Color). (2) Definition. "Principal building color" shall refer to the predominant color application to all walls of the principal building and associated accessory structures. Principal building colors are subject to review and must be on the approved color list. (3) Approved color list. The following colors are approved as principal building colors on all homes except for the Spanish Mediterranean style. For Spanish Mediterranean style, yellow - greens, toned yellow - greens, toned greens, greens, blue - greens, toned blue- greens, blues, and blue - violets (colors #365 through 840) referenced herein shall be prohibited. a. Red- oranges ltoned red - oranges: 001, 008, 009, 015, 016, 017, 022, 023, 024, 029, 030, 036, 037, 038, 043, 044, 045, 050, 051, 052, 053, 057, 058, 059, 060, 064, 065, 066, 067, 071, 072, 073, 078, 079, 080, 085, 086, 087, 092, 093, 094, 095, 099, 100, 101, 106, 107, 108, 113, 114, 115, 116, 120, 121, 122, 127, 128, 129, 134, 135, 136. b. Yellow-oranges ltoned yellow- oranges lgolds: 141, 142, 143, 148, 149,150, 155, 156, 162, 163, 164, 169, 170, 176, 177, 183, 184, 185, 190, 191, 192, 197, 198, 199, 204, 205, 206, 207, 211, 212, 213, 214, 218, 219, 220, 221, 225, 226, 227, 232, 233, 234, 239, 240, 241, 242, 246, 247, 248, 253, 254, 255, 260, 261, 262, 263, 267, 268, 269, 270, 274, 275, 276, 281, 282, 283, 284, 288, 289, 290, 295, 296, 297, 302, 303, 304, 305. C. Yellowltoned yellows: 309, 310, 311, 316, 317, 318, 323, 324, 325, 330, 331, 332, 333, 337, 338, 339, 344, 345, 346, 347, 351, 352, 358, 359. d. Yellow-greens /toned yellow - greens (prohibited for Spanish Mediterranean): 365, 366, 367, 372, 373, 374, 375, 379, 380, 386, 387, 388, 393, 394, 400, 407, 408, 414, 421, 428. e. Toned greens (prohibited for Spanish Mediterranean): 435, 436, 437, 442, 449, 456, 457, 463, 464, 470, 471, 477, 478, 484, 485, 491, 492, 498, 499, 505, 506, 512, 513, 519, 520, 521, 526, 527, 533, 534. f. Greens (prohibited for Spanish Mediterranean): 547, 582, 596, 617, 624. g. Blue- greens ltoned blue - greens (prohibited for Spanish Mediterranean): 645, 652, 666, 673, 680, 694, 701, 708, 715. h. Blues /blue - violets (prohibited for Spanish Mediterranean): 771, 792, 793, 806, 807, 813, 834, 835. i. Off- whites 1pastels: 841 thru 973 (all). j. Warm neutrals lbeiges: 974, 975, 976, 981, 982, 983, 984, 988, 989, 990, 995, 996, 1002, 1003, 1004, 1005, 1009, 1010, 1011, 1016, 1017, 1018, 1023, 1024, 1025, 1030, 1031, 1032, 1037, 1038, 1039, 1044, 1045, 1046, 1051, 1052, 1053, 1058, 1059, 1060, 1065, 1066, 1067, 1068, 1072, 1073, 1074, 1079, 1080, 1081, 1086, 1087, 1088, 1093, 1094, 1095, 1100, 1101, 1107, 1108, 1109, 1114, 1115, 1121, 1122. k. Browns lred- browns. 1156, 1157, 1158, 1163, 1164, 1165, 1166, 1170, 1171, 1172, 1177, 1178, 1184, 1185, 1186, 1191, 1192, 1198, 1205, 1206, 1212, 1213, 1214, 1215, 1219, 1226, 1240, 1241, 1247, 1248. 1. Reds/red- violets: 1261, 1268, 1275, 1282, 1289, 1317, 1331. m. Violets /toned violets: All not allowed. CD70:61 § 70 -106 GULF STREAM CODE n. Cool neutrals /toned gray- greens: 1457, 1458, 1464, 1465, 1471, 1472, 1478, 1479, 1485, 1492, 1493, 1499, 1500, 1506, 1507, 1508, 1513, 1514, 1515, 1516, 1520, 1521, 1522, 1527, 1528, 1529, 1530, 1534, 1535, 1536, 1541, 1542, 1548, 1549, 1550, 1555, 1556, 1557, 1562, 1563, 1569, 1570, 1576, 1577. 0. Grays/blue- grays. 1583, 1584, 1585, 1590, 1591, 1597, 1598, 1604, 1611, 1612, 1618, 1619, 1625, 1626, 1632, 1633, 1639, 1640, 1646, 1647, 1653, 1660, 1661, 1667, 1674, 1675. (c) Trim. (1) Considerations. In addition to the principal building surface, the trim constitutes an important part of the home. Color selection should differentiate the trim from the walls, but contrast should be appropriate to the architectural style. Creating contrast helps to highlight the building articulation, while at the same time reduces the potential box -like appearance. Care should be exercised in selecting a color that will not overpower or dominate the home. (2) Definition. "Trim color" shall refer to the color application to any or all building trim elements such as eaves, soffits, overhangs, cornices, friezes, fascias, windows, sills, brackets, and gutters (if painted). Trim colors are subject to review and must be on the approved color list and be consistent with the principal building color. (3) Approved color list. The following colors are approved as trim colors on all homes except for the Spanish Mediterranean style. For Spanish Mediterranean style, yellow - greens, toned yellow - greens, toned greens, greens, blue- greens, toned blue - greens, blues, and blueMolets (colors #365 through 840) referenced herein shall be prohibited. All approved principal building colors are approved as building trim colors. a. Red- oranges/toned red - oranges: 002, 010, 018, 025, 031, 039, 046, 054, 061, 068, 074, 081, 088, 096, 102, 109, 117, 123, 130, 137. b. Yellow-oranges /tonedyellow- oranges /golds: 144, 151, 157,165, 171, 178, 186, 193, 200, 208, 215, 222, 228, 235, 249, 243, 256, 264, 271, 277, 285, 291, 298, 306. C. Yellow /toned yellows: 312, 319, 326, 334, 340, 348, 353, 360. d. Yellow-greens /toned yellow - greens (prohibited for Spanish Mediterranean): 368, 376, 381, 389, 395, 401, 415, 409, 422, 429. e. 7bned greens (prohibited for Spanish Mediterranean): 438, 443, 450, 458, 465, 472, 479, 486, 493, 500, 507, 514, 522, 528, 535. f. Greens (prohibited for Spanish Mediterranean). 540, 548, 554, 561, 568, 575, 583, 589, 597, 603, 610, 618, 625, 631. g. Blue- greens /toned blue- greens (prohibited for Spanish Mediterranean): 638, 646, 653, 659, 667, 674, 681, 687, 695, 702, 709, 716, 722, 729, 736. h. Bluesl blue-violets (prohibited for Spanish Mediterranean): 743, 750, 757, 764, 772, 778, 785, 794, 799, 808, 814, 820, 827, 836. i. Warm neutrals /beiges: 977, 985, 991, 997, 1006, 1012, 1019, 1026, 1033, 1040, 1047, 1054, 1061, 1069, 1075, 1082, 1089, 1096, 1102, 1110, 1116, 1123. j. Brownslred- browns: 1159, 1167, 1173, 1179, 1187, 1193, 1199, 1207, 1216, 1220, 1227, 1233, 1242, 1249, 1254. k. Reds /red - violets: 1262, 1269, 1276, 1283, 1290, 1296, 1303, 1310, 1318, 1324, 1332, 1338. 1. Pmletsltoned violets: 1380, 1387, 1394, 1401, 1408, 1415, 1422, 1429, 1436, 1443, 1450. m. Cool neutralsltoned gray-greens. 1459, 1466, 1473, 1480, 1486, 1494, 1501, 1509, 1517, 1523, 1531, 1537, 1543, 1551, 1558, 1564, 1571, 1578. CD70:62 § 2-42 GULF STREAM CODE (4) Attend all town commission meetings and he shall have the right to take part in discussion but may not vote. (5) Administer all laws, provisions of the char- ter and acts of the town commission sub- ject to enforcement by him or by officers subject to his supervision. (6) Prepare and submit the annual budget and capital programs to the town commis- sion. (7) Submit to the town commission and make available to the public a complete report on the finances and administration activ- ities of the town as of the end of each fiscal year. (8) Make such other reports as the town commission may require concerning the operations of town departments, offices and agencies subject to his direction and supervision. (9) Keep the town commission fully advised as to the financial condition and future needs of the town and make such recom- mendations to the town commission con- cerning the affairs of the town as he deems desirable. (10) Sign contracts on behalf of the town as directed by the town commission. (11) Perform such other duties as are specified in the charter or ordinances of the town or as may be required by the town commis- sion. (12) The town manager shall represent the town before appointive officers of other governmental bodies except when the town commission shall have designated some other person to act. (Ord. No. 89 -3, § 1, 5 -5 -89) Secs. 2- 45 -2 -55. Reserved. ARTICLE M. BOARDS AND COAMSSIONS DIVISION 1. GENERALLY Secs. 2- 56 -2 -65. Reserved. DIVISION 2. CODE ENFORCEMENT Sec. 2.66. Title. This division may be known and cited as the "Code Enforcement Ordinance of the town of Gulf Stream, Florida." (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -67. Special magistrate term. (a) There is hereby established a special mag- istrate who shall be designated by the town commission. (b) The special magistrate shall be appointed for a term of two years and shall be appointed to serve in an ex- officio capacity if the special mag- istrate serves other local governments as a special magistrate. Such service to other local govern- ments does not create duties inconsistent with serving as special magistrate to the Town of Gulf Stream. (c) The special magistrate shall be an attorney and a member of the Florida Bar. (d) The special magistrate shall serve at the pleasure of the town commission. (e) The special magistrate shall preside over code enforcement matters scheduled to be heard from time to time. W Minutes shall be maintained at all hearings presided over by the special magistrate; all hear- ings shall be open to the public. The town shall provide clerical and administrative personnel as may be required by the special magistrate for the proper performance of his/her duties. (g) The town attorney or his/her designee shall represent the town by presenting cases before the special magistrate. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -68. Jurisdiction. (a) The special magistrate shall have the juris. diction and authority to hear and decide any alleged violations of the following chapters of the Code and ordinances of the town as the same may be amended from time to time: Supp. No. 1 CD2:4 (1) Chapter 6, Animals; ADMINISTRATION (2) Chapter 10, Businesses, Professions and Occupations; (3) Chapter 18, Emergency Systems; (4) Chapter 22, Nuisances; (5) Chapter 26, Offenses; (6) Chapter 38, Waterways; (7) Chapter 42, Buildings and Building Reg- ulations; (8) Chapter 52, Marine Facilities, Structures and Places; and (9) Chapter 66, Zoning. (10) Chapter 70, Design Manual. (b) The jurisdiction of the special magistrate shall not be exclusive. Any alleged violation of any of the aforesaid codes and ordinances may be pursued by appropriate remedy in the court at the option of the administrative official bearing re- sponsibility for enforcement of that respective code or ordinance. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -69. Enforcement procedure. (a) An employee of the town who is duly au- thorized by the town manager and responsible for the enforcement of such ordinances, hereinafter referred to as a 'bode enforcement officer," may initiate code enforcement proceedings and issue citations or notices of violation to a person or persons to appear in front of the special magis- trate when the code enforcement officer, upon personal investigation, has reasonable cause to believe that the person or persons are in violation of the codes cited in this division. Employees who may be designated as code enforcement officers may include but are not limited to, code inspec- tors, law enforcement officers, public works in- spectors, fire safety inspectors, and zoning inspec- tors. (b) If a violation of the codes is found, the code inspector shall notify the violator, unless subsec- tion (c) below applies, and give such violator a reasonable time, which shall not exceed 30 days, to correct the violation. Should the violation con- tinue beyond the time specified for correction, the code inspector shall notify the special magistrate Supp. No. 1 § 2 -70 and request a hearing. The special magistrate shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in section 2 -75 to the violator. At the option of the special magistrate, notice may addi- tionally be served by publication or posting as provided in section 2 -75. If the violation is cor- rected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the special magistrate even if the violation has been corrected prior to the special magistrate hearing, the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not re- quired to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the special magistrate and request a hear- ing. The special magistrate shall schedule a hear- ing and shall provide notice pursuant to section 2 -75. The case may be presented to the special magistrate even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been cor- rected, the special magistrate retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay the costs as determined by the special magistrate. A repeat violation is a violation of a provision of a code or ordinance by a person whom the special magistrate has previously found to have violated the same provision within five years prior to the violation. (d) If the code inspector has reason to believe a violation of the condition causing the violation presents a serious threat to the. public health, safety, and welfare or if the violation is irrepara- ble or irreversible in nature, the code inspector shall make a reasonable effort to notify the viola- tor and may immediately notify the special mag- istrate and request a hearing. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -70. Conduct of hearings. (a) At the hearing, the burden of proof shall be upon the town to show by substantial competent evidence that a violation did occur or does exist, CD2:5 § 2.70 GULF STREAM CODE or has been repeated. Assuming proper notice of hearing has been given to the respondent, either as actual notice or as provided herein, a hearing may proceed in the absence of the respondent. (b) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial and unduly repeti- tious evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible at a trial in the courts of the state. Documentary and physical evidence may be admitted. (c) The special magistrate may inquire of any witness who is testifying before him/her. The respondent, or his attorney and the town attorney and his/her designee shall be permitted to inquire of any witness before the special magistrate. The special magistrate may call any witness deemed necessary to provide a full and fair hearing of the case. (d) At the conclusion of the hearing, the spe- cial magistrate shall issue findings of fact based on evidence on the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the alleged violator within ten working days after the hearing. The order may include a notice that it must be complied with by a specified date and that a fine, as well as the cost of repairs, may be imposed if the order is not complied with by such date. A certified copy of such order may be re- corded in the public records of the county and shall constitute notice to any subsequent purchas- ers, successors in interest, or assigns if the viola- tion concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers or successors in interest or assigns. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -71. Powers. The special magistrate shall have the power to: (1) Adopt rules for the conduct of his/her meetings and hearings. (2) Subpoena alleged violators and witnesses to his/her hearings. (3) Subpoena evidence as necessary for his/ her hearings; including, but not limited to physical and documentary evidence such as records, surveys, plats and photo- graphs. (4) Take testimony under oath. (5) Issue orders having the force and effect of law which can command whatever steps are necessary to bring a violation into compliance, such decision to be made at the hearing and reduced to writing and mailed to the respondent(s) within ten working days thereafter. (6) Establish and enforce fines pursuant to section 2 -72. (7) Authorize the town attorney to foreclose on liens imposed pursuant to section 2 -72 which remain unpaid after a period of three months. (8) Authorize the reduction of any fine he/she has imposed. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -72. Administrative fines, costs of re- pair-, liens. (a) The special magistrate, upon notification by the code inspector that an order of the special magistrate has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the special magistrate for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the special magistrate. In addition, if the violation is a violation described in subsection 2 -69(d) of this division, the special magistrate shall notify the local governing body, which may make all reason- able repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. If a finding of a violation or a repeat violation has Supp. No. 1 CD2:6 been made as provided in this section, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, a special magistrate finds a violation to be irrep- arable or irreversible in nature, it may order the violator to pay a fine as specified in subsection (b), below. (b) A fine imposed pursuant to this section shall not exceed $250.00 per day for a first viola- tion, and shall not exceed $500.00 per day for a repeat violation, and, in addition may include all costs of repairs pursuant to subsection (a), above. However, if the special magistrate finds the vio- lation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. (c) In determining the amount of the fine, if any, the special magistrate shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to cor- rect the violation; and (3) Any previous violations committed by the violator. (d) A certified copy of an order imposing a fine may be recorded in the public record and thereaf- ter shall constitute a lien against the land on which the violation exists, and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judg- ment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursu- ant to this section shall continue to accrue until the violator comes into compliance or until a judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the town and the town may execute a satisfaction or re- lease of a lien entered pursuant to this section. After three months from the filing of any such lien which remains unpaid, the town may authorize the town attorney to foreclose on the lien. No lien created pursuant to the provisions of this section § 2 -75 may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -73. Duration. No lien provided under this division shall con- tinue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on alien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosures. The town shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The contin- uation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of Us pendens is recorded. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -74. Appeals. An aggrieved party, including the town, may appeal a final administrative order of the special magistrate to the circuit court of Palm Beach County, Florida. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the special magistrate. The appeal shall be filed within 30 days of the execution of the order to be appealed. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -75. Notices. (a) All notices required by this section shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. Supp. No. 1 CD2:7 § 2 -75 GULF STREAM CODE (b) In addition to providing notice as set forth in this section, at the option of the special magis- trate, notice may also be served by publication or posting, as follows: (1) Such notice shall be published once dur- ing each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Palm Beach County, Florida. The newspaper shall meet such requirements as are pre- scribed under F.S. ch. 50 for legal and official advertisements. (2) Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. (3) In lieu of publication as described in this section, such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at town hall. (4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under this section. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in this section, together with proof of publication or post- ing as provided in this section shall be sufficient to show that the notice requirements of this section have been met, without regard to whether or not the alleged violator actually received such notice. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2.76. Procedure to request that a fine or lien imposed pursuant to sec- tion 2 -72 be reduced; conditions and criteria therefor. (a) The owner of real property against which a fine has been imposed pursuant to section 2 -72 may apply to the special magistrate, through the town attorney or his/her designee, for a satisfac- tion of the fine with less than full payment thereof. No such application shall be considered by the special magistrate until the applicant has first shown that: (1) All ad valorem property taxes, special assessments, town utility charges and other government - imposed liens against the sub- ject real property have been paid. (2) The applicant is not personally indebted to the town for any reason. (3) All town code violations have been cor- rected under necessary permits issued therefor. (b) In considering an application to reduce a fine or lien imposed pursuant to section 2 -72, no satisfaction thereof shall be approved by the spe- cial magistrate with less than full payment thereof, unless the special magistrate shall make a spe- cific finding that no violation of any ordinance de- scribed in section 2 -68 of this Code exists on the subject real property. (c) The balance of any fine or lien imposed pursuant to section 2 -72 that is reduced by the special magistrate shall be paid on such terms as approved by the special magistrate. (d) If the property for which an application for a fine reduction is being considered is owned by a government or quasi - government entity, the spe- cial magistrate may reduce such fine even if the violation has not been corrected. (e) Where recording has occurred and a lien filed against the property, any request for a sat- isfaction of the lien with less than full payment shall be considered by the town commission not the special magistrate. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -77. Provisions supplemental and cu- mulative. Nothing contained in this division shall in any way bar or prohibit the maintenance of a suit at law or in equity by the town to enjoin or correct any violation of the ordinances of the town, nor to bar or prohibit the town from Sling charges against any person, firm or corporation violating any town ordinance as provided by existing laws. This Supp. No. 1 CD2:8 ADMUMTRATION division shall be construed to be supplemental and cumulative with any and all other remedies available to the town and not exclusive. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -78. Alternative code enforcement pro- cedures. The town may employ other methods of code enforcement including, but not limited to, the issuance of a notice to appear in county court or arrest for violation of municipal ordinances as provided for in F.S. ch. 901. Unless otherwise specifically authorized and provided for by law, a person convicted of violating a municipal ordi- nance may be sentenced to pay a fine not to exceed $500.00, and may be sentenced to a defi- nite term of imprisonment not to exceed 60 days, in a municipal detention facility or other facility as authorized by law. (Ord. No. 06 -02, § 1, 5 -5 -06) ARTICLE IV. INSURANCE PREMIUMS Sec. 2 -80. Property insurance premiums tax. (1) There is hereby assessed and imposed on every insurance company, corporation or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on, the business of property insur- ance as shown by the records of the State Department of Insurance, an excise tax in addition to any lawful license or excise tax now levied by the Town, in the amount of one and eighty -five hundredths (1.85) percent of the gross amount of receipts of premiums from policyholders on all pre- miums collected on property insurance policies covering property within the cor- porate limits of the Town. In the case of multiple -peril policies with a single pre- mium for both the property and casualty coverages in such policies, seventy (70) percent of such premium shall be used as the basis for the one and eighty -five hun- dredths (1.85) percent tax. This excise tax shall be payable annually on March 1 of each year. Supp. No. 1 CD2:9 § 2 -80 (2) All money derived from this tax shall be appropriated to the City of Delray Beach's Firefighter Relief and Pension Fund to provide fire- rescue services pursuant to the InterlocalAgreement between the Town of Gulf Stream and the City of Delray Beach. (Ord. No. 06 -08, § 1, 11- 17 -06) FAXCover Sheet TO: Martin O'Boyle Phone: Fax Phone: 954 - 360 -07 "I /l, � n, Date: July 15, 2013 Number of pages including cover sheet. I FROM: 4 Rita Taylor, Town Clerk Phone: 561- 276 -5116 Tax Phone: 561- 737 -0188 IREMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP I have enclosed a copy of the Agenda for the Code Enforcement Hearing being held by the Special Magistrate on July 16, 2013 at 8:00 A.M. Driginals to Follow by Mail: Yes CC: Fax Phone: No NOTICE AND AGENDA IN REGARD TO THE STATEMENT OF VIOLATION, CASE NO. CE2 -13, AND THE ORIGINAL NOTICE OF HEARING BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM DATED MAY 14, 2013, THIS IS TO ADVISE THAT THE HEARING ORIGINALLY SCHEDULED FOR JUNE = 4,2013 I$ RE- SCHEDULED TO BE HEARD ON JULY 16, 2013 AT 8:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. PLEASE BE ADVISED THAT THE TOWN IS DISMISSING THE CHARGE OF VIOLATION OF SECTION 66 -446. CHARGES OF VIOLATIONS OF SECTIONS 66- 141(1)d. & e. AND 70- 106(b)(3) WILL BE HEARD AS ORIGINALLY LISTED. AGENDA I. Call to Order. II. Case No. CE 2 -13. Martin E. O'Boyle, 23 Hidden Harbour Drive, Gulf Stream, Florida 33483 had prohibited colors painted on the north and south sides on the exterior walls of his home in violation of the following sections of the Gulf Stream Code of Ordinances: A. Sec. 66- 141(1)d. & e. requires that any change in exterior wall color must have a Level 1 Architectural /Site Plna Review. B. Sec. 70- 106(b)(3) requires exterior paint colors be from those listed as "approved" colors for Spanish Mediterranean architectural style structures. III. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OFTHE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 Date: July 15, 2013 Transmission Report Date /Time 07 -15 -2013 07:57:45a.m. Transmit Header Text Local ID 1 5617370188 Local Name 1 Fax This document: Confirmed (reduced sample and details below) Document size : 8.5 "x11 " IFAXCover Sheet IDete: July 15 2013 INnmbm ofpagw including cover sheet 2 Martin O'Boyle Phone: Rita Taylor, To-an Clerk .shone: 561- 276.5176 rax Phone: 561 - 737 -0188 o As Requested c Urgent c FYl o For Your Review o Reply ASAP I have enclosed a copy of the Agenda for the Code Enforcement Hearing being held by the Special Magistrate an July 16, 2013 at 8:00 A.M. to CC: Fax Pbone: Total Panes Scanned : 2 Total Pates Confirmed: 2 No No. IJob I Remote Station I Start Time Duration I Pages Line Mode Job Type I Results 001 1225 15612433581 07:56:22 a.m. 07 -15 -2013 00:00:47 2/2 11 JEC IHS 014400 Abbreviations: H5: Host send PL: Polled local HR: Host recelve PR: Polled remote W5: Waiting send MS: Mailbox save MP: Mailbox print CP: Completed TS: Terminated by system RP: Report FA: Fall G3: Group 3 FF: Fax Forward TU: Terminated by user EC: Error Correct Transmission Report Date /Time 07 -15- 2013 08:22:23 a.m. Transmit Header Text Local ID 1 5617370188 Local Name 1 Fax This document : Failed (reduced sample and details below) Document size : 8.5 "x11 " FAXCaver Sheet (Date: July 15 2013 ,N=tw of pages ineluding "over sheet 2 114_tin O'auyle I Rita Taylor, Town Clark rnone• 561- 276-5136 Fax Pbane: 954 - 360 -0708 jr2xPho ne: 561- 737 -o368 o As Requested o Urgent o FYI o Far Your Review o Reply ASAP I have enclosed a copy of the Agenda for the Code Enforcement Hearing being held by the Special Magistrate on July 16, 2013 at 8:00 A.M. to Follow by Mail: CC: Fax Phase: Total Paces Scanned : 2 Total Pates Confirmed : 0 No No. IJob I Remote Station Start Time Duration Pages I Line I Mode IJobType I Results 001 224 19543600708 07:43:43 a.m. 07 -15- 2013 00:00:00 0/2 1 -- HS FA Abbreviations: HS: Host send PL: Polled local MP: Mailbox print CP: Completed T5: Terminated by system HR: Host receive PR: Polled remote RP: Report FA: Fall G3: Group 3 WS: Waiting send MS: Mailbox save FF: Fax Forward TU: Terminated by user EC: Error Correct Transmission Report Date /Time 07 -15 -2013 09:00:23 a.m. Transmit Header Text Local ID 1 5617370188 Local Name 1 Fax This document: Failed (reduced sample and details below) Document size : 8.5 "x11" f� FAXCVVcrshcct_ (Date: July 15 2013 INumber of Pages including cover sheeL• 2 TO: Martin O'Boyle Phone: Fax Phone: Rice Taylor, Ttn a Clerl, 'hone: 561 - 275 -5116 pax Phone: 561 - 737_0199 o As Requested Urgent c FYI o For Your Review o Reply ASAP I have enclosed a copy of the Agenda for the Code Enforcement Hearing being held by the Special Magistrate on July 16, 2013 at B:00 A.M. Originals to Follow by Mail: Yea No CC: Phone: Total Pages Scanned :2 Total Pages Conflrmed:0 No. IJob I Remote Station I Start Time I Duration I Pages I Line I Mode I Job Type I Results 001 1227 119543600708 08:00:33 a.m. 07 -15 -2013 00:00:00 0/2 11 -- IHS IFA Abbrevlatlons: HS: Host send PL: Polled local MP: Mailbox print CP: Completed TS: Terminated by system HR: Host receive PR: Polled remote RP: Report FA: Fall G3: Group 3 WS: Waiting send MS: Mallboxsave FF: Fax Forward TU: Terminated by user EC: Error Correct FAX Cover Sheet TO: Date: 7 -15 -13 Number of pages including cover sheet. FROM: Attny. William Ring, Jr. 1280 W. Newport Center Dr ve Deerfield Beach, F1. 3343 Phone: pax Phone: 954 - 360 -0807 2 Rita Taylor, Town Clerk Phone: 561- 276 -5116 Fax Phone: 561- 737 -0188 (REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review o Reply ASAP I have enclosed a copy of the Agenda for the Code Enforcement Hearing being held by the Special Magistrate on July 16, 2013 at 8:00 A.M. Originals to Follow by Mail: Yes CC: Fax Phone: O Transmission Report Date/Time 07 -15 -2013 08:56:14 a.m. Transmit Header Text Local ID 1 5617370188 Local Name 1 Fax This document: Confirmed (reduced sample and details below) Document size: 8.5 "x11 " FAXCoversheet Attny. William Ring 1280 W. Newport Can Deerfield Reach, F1 Fax Phone: ,F `r r (Date: 7 -15 -13 INttmber of pages including rover sheet• 2 Rita Taylor, Town Clerk rnone. 561 - 276-3116 Fax Phone: 561- 737 -0] 8a o As Requestedo Urgent o FYI o For Your Review o Reply ASAP I have enclosed a copy of the Agenda for the Code Enforcement Nearing being held by the Special Magistrate on July 16, 2013 at 8:00 A.M. Originals to Follow by Mail: Fax Phone: Total Pates Scanned : 2 Total Pates Confirmed : 2 No No. Job I Remote Station I Start Time I Duration I Pages I Line I Mode Job Type Results 001 1231 11954360CI807 08:55:22 a.m. 07 -15 -2013 00:00:22 2/2 11 1 EC IHS ICP24000 Abbreviations: HS: Host send PL: Polled local HR: Host receive PR: Polled remote WS: Waiting send MS: Mallboxsave MP: Mailbox print CP: Completed TS: Terminated by system RP: Report FA: Fall G3: Group FF: Fax Forward TU: Terminated by user EC: Error Correct NOTICE AND AGENDA IN REGARD TO THE STATEMENT OF VIOLATION, CASE NO. CE2 -13, AND THE ORIGINAL NOTICE OF HEARING BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM DATED MAY 14, 2013, THIS IS TO ADVISE THAT THE HEARING ORIGINALLY SCHEDULED FOR JUNE = 4,2013 I$ RE- SCHEDULED TO BE HEARD ON JULY 16, 2013 AT 8:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. PLEASE BE ADVISED THAT THE TOWN IS DISMISSING THE CHARGE OF VIOLATION OF SECTION 66 -446. CHARGES OF VIOLATIONS OF SECTIONS 66- 141(1)d. & e. AND 70- 106(b)(3) WILL BE HEARD AS ORIGINALLY LISTED. AGENDA I. Call to Order. II. Case No. CE 2 -13. Martin E. O'Boyle, 23 Hidden Harbour Drive, Gulf Stream, Florida 33483 had prohibited colors Dainted on the north and south sides on the exterior walls of his home in violation of the following sections of the Gulf Stream Code of Ordinances: A. Sec. 66- 141(1)d. & e. requires that any change in exterior wall color must have a Level 1 Architectural /Site Plna Review. Sec. 70- 106(b)(3) requires exterior paint colors be from those listed as "approved" colors for Spanish Mediterranean architectural style structures. III. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OFTHE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 Date: July 15, 2013 J fAXCover Sheet TO: Attny. Robert Gershman 2160 W. Atlantic Ave. Delray Beach, FL 33445 Phone: Tax Phone: 998 -5868 Date: July 15, 2013 Number of pages including cover sheet: 2 FROM: Rita Taylor, Town Clerk Phone: 561- 276 -5116 Fax Phone: 561- 737 -0188 IREMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP I have enclosed a copy of the Agenda for the Code Enforcement Hearing being held by the Special Magistrate on July 16, 2013 at 8:00 A.M. Driginals to Follow by Mail: Yes CC: Fax Phone: No X Transmission Report Date /Time r 07 -15 -2013 09:04:16 a.m. Transmit Header Text Local ID 1 5617370188 Local Name 1 Fax This document: Confirmed (reduced sample and details below) Document size : 8.5 "x11" I FAX Caver9heet TO: Atthy. Robert Gershman 2160 W. Atlantic Ave. Delray Beach, FL 33445 (Phone: Fax Phone: 998 -5868 (Date: July 15, 2013 Number of pages including cover sheet: 2 FROM: Rita Taylor, Tawn Clerk Phone: 561- 276 -5116 Fax Phone: 561- 737 -0188 o As Requested= Urgent = FYI m Far Your Review o Reply ASAP I have enclosed a copy of the Agenda for the Code Enforcement Hearing being held by the Special Magistrate on July 16, 2013 at 8:00 A.M. to Follow by Mail: Yes_ No I CC: Pox Phone: Total Pages Scanned : 2 Total Pages Confirmed : 2 No. Job Remote Station I Start Time Duration Pages Line Mode I Job Type I Results 001 234 561+998 +5868 09:02:48 a. m. 07 -15 -2013 00:00:46 2/2 1 EC HS CP14400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print CP: Completed TS: Terminated by system HR: Host receive PR: Polled remote RP: Report FA: Fail G3: Group 3 WS: Waiting send MS: Mailbox save FF: Fax Forward TU: Terminated by user EC: Error Correct CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, JUNE 4, 2013 AT 2:00 P.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, FULF STREAM, FLORIDA. AGENDA Call to Order. II. Case No. CE 2 -13. Martin.E. O'Boyle, 23 S. Hidden Harbour Drive, Gulf Stream, Florida 33483 had a sign painted on the south side of his home at this address and multi - colored stripes painted on the north side of his home in violation of the following sections of the Gulf Stream Code of Ordinances: A. Sec. 66 -446 prohibits any sign not listed in this section as being permitted. B. Sec. 66- 141(1)d. &e. requires that any change in exterior wall color must have a Level 1 Architectural /Site Plan Review. C. Sec. 70- 106(b)(3) requires exterior paint colors be from those listed as "approved" colors for Spanish Mediterranean architectural style structures. III... Adj ournment . SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OF THE PROUEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 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Color, material, and roof consistent with principal building (preferred). (Ord. No. 00 -1, § 44, 3- 10 -00) Sec. 70.106. Color. (a) Generally. (1) Color should be representative of the architectural style of the structure. Various pastel colors characterize Gulf Stream- Bermuda style homes, while off-whites, warm pastels, and light earthtone colors are common to Spanish Mediterranean homes. The chapter addresses color in a manner that will aid in its selection. Three categories, principal building color, trim color, and accent color have been established that correspond to color application for various architectural features. (2) Approved colors may be appropriate for one style of architecture but may be inappropriate for another (see article VII, .Predominant Architectural Styles). An example of an inappropriate use of color would be a blue Spanish Mediterranean style home. A complete color sample chart displaying all approved colors is available at the Town Hall. A complete list of approved principal building and trim colors follows, and an explanation of color terms and the methodology of the color selection process is included in section 70 -300. (3) The following colors are approved for all single- family homes. Colors are approved for the principal building and building trim. The color specifications referenced are from the Benjamin Moore Color Selector Kit, which is used as a reference only. The kit was selected based on completeness, ease of use, and availability. The town does not recommend or endorse any specific paint product or manufacturer. The kit, along with the color selection chart located in the Town Hall, shall serve as a basis for comparison, where any paint sample can be compared and classified as approved or prohibited. (b) Principal building. (1) Considerations. Many factors affect the application of color. Careful consideration should be exercised when selecting a color based on a color sample or color chip. Considerations include, but are not limited to, size, texture, and fenestration of the surface. Colors usually appear darker and more intense when applied over a large surface. The texture of the surface can cast shadows, CD70:60 If m m �C� p y L ~ i j s — m y 2 a 3 m mp (1) Color should be representative of the architectural style of the structure. Various pastel colors characterize Gulf Stream- Bermuda style homes, while off-whites, warm pastels, and light earthtone colors are common to Spanish Mediterranean homes. The chapter addresses color in a manner that will aid in its selection. Three categories, principal building color, trim color, and accent color have been established that correspond to color application for various architectural features. (2) Approved colors may be appropriate for one style of architecture but may be inappropriate for another (see article VII, .Predominant Architectural Styles). An example of an inappropriate use of color would be a blue Spanish Mediterranean style home. A complete color sample chart displaying all approved colors is available at the Town Hall. A complete list of approved principal building and trim colors follows, and an explanation of color terms and the methodology of the color selection process is included in section 70 -300. (3) The following colors are approved for all single- family homes. Colors are approved for the principal building and building trim. The color specifications referenced are from the Benjamin Moore Color Selector Kit, which is used as a reference only. The kit was selected based on completeness, ease of use, and availability. The town does not recommend or endorse any specific paint product or manufacturer. The kit, along with the color selection chart located in the Town Hall, shall serve as a basis for comparison, where any paint sample can be compared and classified as approved or prohibited. (b) Principal building. (1) Considerations. Many factors affect the application of color. Careful consideration should be exercised when selecting a color based on a color sample or color chip. Considerations include, but are not limited to, size, texture, and fenestration of the surface. Colors usually appear darker and more intense when applied over a large surface. The texture of the surface can cast shadows, CD70:60 V ,i r GULF STREAM DESIGN MANUAL § 70 -106 making colors appear darker. The arrangement of the windows and various other elements define the amount of solid wall surface to consider. In general, colors should exemplify a high to medium -high value and a low to medium -low chrome. (see section 70 -300, Color). (2) Definition. 'Principal building color" shall refer to the predominant color application to all walls of the principal building and associated accessory structures. Principal building colors are subject to review and must be on the approved color list. (3) Approved color list. The following colors are approved as principal building colors on all homes v except for the Spanish Mediterranean style. For Spanish Mediterranean style, yellow - greens, >,ilK toned yellow - greens, toned greens, greens, blue- greens, toned blue- greens, blues, and blue - violets (colors #365 through 840) referenced herein shall be prohibited. a. Red-oranges /toned red - oranges: 001, 008, 009, 015, 016, 017, 022, 023, 024, 029, 030, 036, 037, 038, 043, 044, 045, 050, 051, 052, 053, 057, 058, 059, 060, 064, 065, 066, 067, 071, 072, 073, 078, 079, 080, 085, 086, 087, 092, 093, 094, 095, 099, 100, 101, 106, 107, 108, 113, 114, 115, 116, 120, 121, 122, 127, 128, 129, 134, 135, 136. b. Yellow - oranges l toned yellow- oranges /golds: 141, 142, 143, 148,149, 150, 155, 156, 162, 163, 164, 169, 170, 176, 177, 183, 184, 185, 190, 191, 192, 197, 198, 199, 204, 205, 206, 207, 211, 212, 213, 214, 218, 219, 220, 221, 225, 226, 227, 232, 233, 234, 239, 240, 241, 242, 246, 247, 248, 253, 254, 255, 260, 261, 262, 263, 267, 268, 269, 270, 274, 275, 276, 281, 282, 283, 284, 288, 289, 290, 295, 296, 297, 302, 303, 304, 305. C. Yellow /toned yellows: 309, 310, 311, 316, 317, 318, 323, 324, 325, 330, 331, 332, 333, 337, 338, 339, 344, 345, 346, 347, 351, 352, 358, 359. d. Yellow- greens/toned yellow - greens (prohibited for Spanish Mediterranean): 365, 366, 367, 372, 373, 374, 375, 379, 380, 386, 387, 388, 393, 394, 400, 407, 408, 414, 421, 428. e. Toned greens (prohibited for Spanish Mediterranean): 435, 436, 437, 442, 449, 456, 457, 463, 464, 470, 471, 477, 478, 484, 485, 491, 492, 498, 499, 505, 506, 512, 513, 519, 520, 521, 526, 527, 533, 534. f. Greens (prohibited for Spanish Mediterranean): 547, 582, 596, 617, 624. g. Blue- greens/toned blue - greens (prohibited for Spanish Mediterranean): 645, 652, 666, 673, 680, 694, 701, 708, 715. h. Blues /blue- violets (prohibited for Spanish Mediterranean): 771, 792, 793, 806, 807, 813, 834, 835. i. Off- whites 1pastels: 841 thru 973 (all). j. Warm neutrals / beiges: 974, 975, 976, 981, 982, 983, 984, 988, 989, 990, 995, 996, 1002, 1003, 1004, 1005, 1009, 1010, 1011, 1016, 1017, 1018, 1023, 1024, 1025, 1030, 1031, 1032, 1037, 1038, 1039, 1044, 1045, 1046, 1051, 1052, 1053, 1058, 1059, 1060, 1065, 1066, 1067, 1068, 1072, 1073, 1074, 1079, 1080, 1081, 1086, 1087, 1088, 1093, 1094, 1095, 1100, 1101, 1107, 1108, 1109, 1114, 1115, 1121, 1122. k. Browns l red- browns: 1156, 1157, 1158, 1163, 1164, 1165, 1166, 1170, 1171, 1172, 1177, 1178, 1184, 1185, 1186, 1191, 1192, 1198, 1205, 1206, 1212, 1213, 1214, 1215, 1219, 1226, 1240, 1241, 1247, 1248. 1. Reds /red - violets: 1261, 1268, 1275, 1282, 1289, 1317, 1331. m. Violets /toned violets: All not allowed. CD70:61 § 70 -106 GULF STREAM CODE n. Cool neutrals /toned gray-greens: 1457, 1458, 1464, 1465, 1471, 1472, 1478, 1479, 1485, 1492, 1493, 1499, 1500, 1506, 1507, 1508, 1513, 1514, 1515, 1516, 1520, 1521, 1522, 1527, 1528, 1529, 1530, 1534, 1535, 1536, 1541, 1542, 1548, 1549, 1550, 1555, 1556, 1557, 1562, 1563, 1569, 1570, 1576, 1577. 0. Grays/blue- grays. 1583, 1584, 1585, 1590, 1591, 1597, 1598, 1604, 1611, 1612, 1618, 1619, 1625, 1626, 1632, 1633, 1639, 1640, 1646, 1647, 1653, 1660, 1661, 1667, 1674, 1675. (c) 7HM. (1) Considerations. In addition to the principal building surface, the trim constitutes an important part of the home. Color selection should differentiate the trim from the walls, but contrast should be appropriate to the architectural style. Creating contrast helps to highlight the building articulation, while at the same time reduces the potential box -like appearance. Care should be exercised in selecting a color that will not overpower or dominate the home. (2) Definition. "Trim color" shall refer to the color application to any or all building trim elements such as eaves, soffits, overhangs, cornices, friezes, fascias, windows, sills, brackets, and gutters (if painted). Trim colors are subject to review and must be on the approved color list and be consistent with the principal building color. (3) Approved color list. The following colors are approved as trim colors on all homes except for the Spanish Mediterranean style. For Spanish Mediterranean style, yellow - greens, toned yellow - greens, toned greens, greens, blue- greens, toned blue - greens, blues, and blue - violets (colors #365 through 840) referenced herein shall be prohibited. All approved principal building colors are approved as building trim colors. a. Red- oranges/toned red- oranges: 002, 010, 018, 025, 031, 039, 046, 054, 061, 068, 074, 081, 088, 096, 102, 109, 117, 123, 130, 137. b. Yellow- oranges /toned yellow- orangeslgolds: 144, 151, 157,165,171, 178, 186, 193, 200, 208, 215, 222, 228, 235, 249, 243, 256, 264, 271, 277, 285, 291, 298, 306. C. Yellow/ toned yellows: 312, 319, 326, 334, 340, 348, 353, 360. d. Yellow-greens /toned yellow - greens (prohibited for Spanish Mediterranean): 368, 376, 381, 389, 395, 401, 415, 409, 422, 429. e. 7bned greens (prohibited for Spanish Mediterranean): 438, 443, 450, 458, 465, 472, 479, 486, 493, 500, 507, 514, 522, 528, 535. f. Greens (prohibited for Spanish Mediterranean): 540, 548, 554, 561, 568, 575, 583, 589, 597, 603, 610, 618, 625, 631. g. Blue - greens /toned blue - greens (prohibited for Spanish Mediterranean): 638, 646, 653, 659, 667, 674, 681, 687, 695, 702, 709, 716, 722, 729, 736. h. Blues /blue - violets (prohibited for Spanish Mediterranean): 743, 750, 757, 764, 772, 778, 785, 794, 799, 808, 814, 820, 827, 836. i. Warm. neutrals /beiges: 977, 985, 991, 997, 1006, 1012, 1019, 1026, 1033, 1040, 1047, 1054, 1061, 1069, 1075, 1082, 1089, 1096, 1102, 1110, 1116, 1123. j. Brownslred- browns: 1159, 1167, 1173, 1179, 1187, 1193,1199, 1207, 1216, 1220, 1227, 1233, 1242, 1249, 1254. k. Redslred- violets: 1262, 1269, 1276, 1283, 1290, 1296, 1303, 1310, 1318, 1324, 1332, 1338. 1. Violets /toned violets. 1380, 1387, 1394, 1401, 1408, 1415, 1422, 1429, 1436, 1443, 1450. m. Cool neutrals /toned gray greens. 1459, 1466, 1473, 1480, 1486, 1494, 1501, 1509, 1517, 1523, 1531, 1537, 1543, 1551, 1558, 1564, 1571, 1578. CD70:62 § 66 -136 ARTICLE V. SITE PLANS' DIVISION 1. GENERALLY Secs. 66- 136-66 -139. Reserved. GULF STREAM CODE DIVISION 2. ARCHITECTURAL/SITE PLAN REVIEW— LEVELS 1, 2 AND 3 Sec. 66 -140. Purpose and intent. This division sets forth procedures and stan- dards for the appropriate review authorities to review and approve, approve with conditions, or deny applications for architectural/site plan re- view. The purpose of these provisions is to pro- mote harmonious, functional relationships among the various elements within any development such as the location of activities, vehicular and pedestrian circulation systems, and visual form to insure physical, social, and economic compatibil- ity with neighboring developments and condi- tions, as well as with the community at large and to prevent detrimental impacts to the natural environment on and off the site by providing for review and evaluation of site and building plans for all developments of the types listed in this division and elsewhere in this chapter. Although certain minimum standards are prescribed by specific provisions of this article and other sec- tions of this Code, architectural/site plan review will permit maximum flexibility in evaluating each plan on its merits and encourage variety and innovation within the intent and purpose speci- fied for each zoning district while insuring pri- vacy and safety on all levels. (Ord. No. 95 -1, § 2, 1- 30 -95) *Editor's note—Ord. No. 95 -1, § 2, adopted Jan. 30, 1995, repealed the former Art. V, and enacted a new Art. V as set out herein. The former Art. V, §§ 66 -151 -66 -154, pertained to similar subject matter and derived from Ord. No. 83 -1, §§ 2(Y, M, 1--4), adopted April 8, 1983; Ord. No. 91 -2, § 1, adopted Jan. 21, 1991; Ord. No. 91 -23, §§ 1 -3, adopted Oct. 21, 1991. Cross references— Coastal construction code, § 4251 at seq.; site plan required for marinas, § 52 -51 at seq. CD66:36 Sec. 66 -141. Applicability. For purposes of administering the require- ments of this article, development projects are classified as follows: (1) Projects requiring level 1 architectural/ site plan review. a. Minor accessory structures, with the exception of any detached, habitable structures; b. Expansions of existing primary or accessory structures of up to ten percent of the existing total floor area on the property but not to ex- ceed 300 square feet; C. Demolitions of existing primary or accessory structures of up to ten percent of the existing total floor area on the property but not to ex- ceed 300 square feet; d. Changes in exterior wall, roofing, window, door, mailboxes, awning, or column material, which are signifi- cantly different in color, texture, or appearance than the existing mate- rials. '�/e. Changes in exterior wall, roofing, window or door colors which do not require a building permit; f. Increases or decreases in impervious surface areas or changes in impervi- ous surface materials; g. Walls, fences and driveway gates not within the North Ocean Boulevard Overlay District. h. Minor improvements and landscap- ing along AIA and fences or walls along side property lines that are within the 50 -foot North Ocean Bou- levard Overlay District. i. Removal of up to two trees over eight inches in caliper, provided that rea- sonable replacement tree(s) are pro- posed. This section shall not be ap- plicable to clubs located within the Town which maintain golf courses which require removal and replace- r § 2-42 GULF STREAM CODE (4) Attend all town commission meetings and he shall have the right to take part in discussion but may not vote. (5) Administer all laws, provisions of the char- ter and acts of the town commission sub- ject to enforcement by him or by officers subject to his supervision. (6) Prepare and submit the annual budget and capital programs to the town commis- sion. (7) Submit to the town commission and make available to the public a complete report on the finances and administration activ- ities of the town as of the end of each fiscal year. (8) Make such other reports as the town commission may require concerning the operations of town departments, offices and agencies subject to his direction and supervision. (9) Keep the town commission fully advised as to the financial condition and future needs of the town and make such recom- mendations to the town commission con- cerning the affairs of the town as he deems desirable. (10) Sign contracts on behalf of the town as directed by the town commission. (11) Perform such other duties as are specified in the charter or ordinances of the town or as may be required by the town commis- sion. (12) The town manager shall represent the town before appointive officers of other governmental bodies except when the town commission shall have designated some other person to act. (Ord. No. 89 -3, § 1, 5 -6 -89) Secs. 2- 43 -2 -55. Reserved. ARTICLE M. BOARDS AND COMMISSIONS DIVISION 1. GENERALLY Secs. 2- 56 -2 -65. Reserved. DIVISION 2. CODE ENFORCEMENT Sec. 2 -66. Title. This division may be known and cited as the "Code Enforcement Ordinance of the town of Gulf Stream, Florida." (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -67. Special magistrate term. (a) There is hereby established a special mag- istrate who shall be designated by the town commission. (b) The special magistrate shall be appointed for a term of two years and shall be appointed to serve in an ex- officio capacity if the special mag- istrate serves other local governments as a special magistrate. Such service to other local govern- ments does not create duties inconsistent with serving as special magistrate to the Town of Gulf Stream. (c) The special magistrate shall be an attorney and a member of the Florida Bar. (d) The special magistrate shall serve at the pleasure of the town commission. (e) The special magistrate shall preside over code enforcement matters scheduled to be heard from time to time. W Minutes shall be maintained at all hearings presided over by the special magistrate; all hear- ings shall be open to the public. The town shall provide clerical and administrative personnel as may be required by the special magistrate for the proper performance of his/her duties. (g) The town attorney or his/her designee shall represent the town by presenting cases before the special magistrate. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -68. Jurisdiction. (a) The special magistrate shall have the juris- diction and authority to hear and decide any alleged violations of the following chapters of the Code and ordinances of the town as the same may be amended from time to time: Supp. No. 1 CD2:4 (1) Chapter 6, Animals; J � I• ADMINISTRATION (2) Chapter 10, Businesses, Professions and Occupations; (3) Chapter 18, Emergency Systems; (4) Chapter 22, Nuisances; (5) Chapter 26, Offenses; (6) Chapter 38, Waterways; (7) Chapter 42, Buildings and Building Reg- ulations; (8) Chapter 52, Marine Facilities, Structures and Places; and (9) Chapter 66, Zoning. (10) Chapter 70, Design Manual. (b) The jurisdiction of the special magistrate shall not be exclusive. Any alleged violation of any of the aforesaid codes and ordinances may be pursued by appropriate remedy in the court at the option of the administrative official bearing re- sponsibility for enforcement of that respective code or ordinance. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -69. Enforcement procedure. (a) An employee of the town who is duly au- thorized by the town manager and responsible for the enforcement of such ordinances, hereinafter referred to as a "code enforcement officer," may initiate code enforcement proceedings and issue citations or notices of violation to a person or persons to appear in front of the special magis- trate when the code enforcement officer, upon personal investigation, has reasonable cause to believe that the person or persons are in violation of the codes cited in this division. Employees who may be designated as code enforcement officers may include but are not limited to, code inspec- tors, law enforcement officers, public works in- spectors, fire safety inspectors, and zoning inspec- tors. (b) If a violation of the codes is found, the code inspector shall notify the violator, unless subsec- tion (c) below applies, and give such violator a reasonable time, which shall not exceed 30 days, to correct the violation. Should the violation con- tinue beyond the time specified for correction, the code inspector shall notify the special magistrate § 2 -70 and request a hearing. The special magistrate shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in section 2 -75 to the violator. At the option of the special magistrate, notice may addi- tionally be served by publication or posting as provided in section 2 -75. If the violation is cor- rected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the special magistrate even if the violation has been corrected prior to the special magistrate hearing, the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not re- quired to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the special magistrate and request a hear- ing. The special magistrate shall schedule a hear- ing and shall provide notice pursuant to section 2 -75. The case may be presented to the special magistrate even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been cor- rected, the special magistrate retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay the costs as determined by the special magistrate. A repeat violation is a violation of a provision of a code or ordinance by a person whom the special magistrate has previously found to have violated the same provision within five years prior to the violation. (d) If the code inspector has reason to believe a violation of the condition causing the violation presents a serious threat to the. public health, safety, and welfare or if the violation is irrepara- ble or irreversible in nature, the code inspector shall make a reasonable effort to notify the viola- tor and may immediately notify the special mag- istrate and request a hearing. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -70. Conduct of hearings. (a) At the hearing, the burden of proof shall be upon the town to show by substantial competent evidence that a violation did occur or does exist, Supp. No. 1 CD2:5 § 2 -70 GULF STREAM CODE or has been repeated. Assuming proper notice of hearing has been given to the respondent, either as actual notice or as provided herein, a hearing may proceed in the absence of the respondent. (b) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial and unduly repeti- tious evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible at a trial in the courts of the state. Documentary and physical evidence may be admitted. (c) The special magistrate may inquire of any witness who is testifying before him/her. The respondent, or his attorney and the town attorney and his/her designee shall be permitted to inquire of any witness before the special magistrate. The special magistrate may call any witness deemed necessary to provide a full and fair hearing of the case. (d) At the conclusion of the hearing, the spe- cial magistrate shall issue findings of fact based on evidence on the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the alleged violator within ten working days after the hearing. The order may include a notice that it must be complied with by a specified date and that a fine, as well as the cost of repairs, may be imposed if the order is not complied with by such date. A certified copy of such order may be re- corded in the public records of the county and shall constitute notice to any subsequent purchas- ers, successors in interest, or assigns if the viola- tion concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers or successors in interest or assigns. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -71. Powers. The special magistrate shall have the power to: (1) Adopt rules for the conduct of his/her meetings and hearings. (2) Subpoena alleged violators and witnesses to his/her hearings. (3) Subpoena evidence as necessary for his/ her hearings,-including, but not limited to physical and documentary evidence such as records, surveys, plats and photo- graphs. (4) Take testimony under oath. (5) Issue orders having the force and effect of law which can command whatever steps are necessary to bring a violation into compliance, such decision to be made at the hearing and reduced to writing and mailed to the respondent(s) within ten working days thereafter. (6) Establish and enforce fines pursuant to section 2 -72. (7) Authorize the town attorney to foreclose on liens imposed pursuant to section 2 -72 which remain unpaid after a period of three months. (8) Authorize the reduction of any fine he/she has imposed. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -72. Administrative fines, costs of re- pair; liens. (a) The special magistrate, upon notification by the code inspector that an order of the special magistrate has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the special magistrate for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the special magistrate. In addition, if the violation is a violation described in subsection 2 -69(d) of this division, the special magistrate shall notify the local governing body, which may make all reason- able repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. If a finding of a violation or a repeat violation has Supp. No. 1 CD2:6 J ADMINISTRATION been made as provided in this section, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, a special magistrate finds a violation to be irrep- arable or irreversible in nature, it may order the violator to pay a fine as specified in subsection (b), below. (b) A fine imposed pursuant to this section shall not exceed $250.00 per day for a first viola- tion, and shall not exceed $500.00 per day for a repeat violation, and, in addition may include all costs of repairs pursuant to subsection (a), above. However, if the special magistrate finds the vio- lation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. (c) In determining the amount of the fine, if any, the special magistrate shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to cor- rect the violation; and (3) Any previous violations committed by the violator. (d) A certified copy of an order imposing a fine may be recorded in the public record and thereaf- ter shall constitute a lien against the land on which the violation exists, and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judg- ment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursu- ant to this section shall continue to accrue until the violator comes into compliance or until a judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the town and the town may execute a satisfaction or re- lease of alien entered pursuant to this section. After three months from the filing of any such lien which remains unpaid, the town may authorize the town attorney to foreclose on the lien. No lien created pursuant to the provisions of this section Supp. No. 1 § 2 -75 may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -73. Duration. No lien provided under this division shall con- tinue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on alien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosures. The town shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The contin- uation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -74. Appeals. An aggrieved party, including the town, may appeal a final administrative order of the special magistrate to the circuit court of Palm Beach County, Florida. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the special magistrate. The appeal shall be filed within 30 days of the execution of the order to be appealed. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -75. Notices. (a) All notices required by this section shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. CD2:7 § 2 -75 GULF STREAM CODE (b) In addition to providing notice as set forth in this section, at the option of the special magis- trate, notice may also be served by publication or posting, as follows: (1) Such notice shall be published once dur- ing each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Palm Beach County, Florida. The newspaper shall meet such requirements as are pre- scribed under F.S. ch. 50 for legal and official advertisements. (2) Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. (3) In lieu of publication as described in this section, such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at town hall. (4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under this section. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in this section, together with proof of publication or post- ing as provided in this section shall be sufficient to show that the notice requirements of this section have been met, without regard to whether or not the alleged violator actually received such notice. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -76. Procedure to request that a fine or lien imposed pursuant to sec- tion 2 -72 be reduced; conditions and criteria therefor. (a) The owner of real property against which a fine has been imposed pursuant to section 2 -72 may apply to the special magistrate, through the town attorney or his/her designee, for a satisfac- tion of the fine with less than full payment thereof. No such application shall be considered by the special magistrate until the applicant has first shown that: (1) All ad valorem property taxes, special assessments, town utility charges and other government - imposed liens against the sub- ject real property have been paid. (2) The applicant is not personally indebted to the town for any reason. (3) All town code violations have been cor- rected under necessary permits issued therefor. (b) In considering an application to reduce a fine or lien imposed pursuant to section 2 -72, no satisfaction thereof shall be approved by the spe- cial magistrate with less than full payment thereof, unless the special magistrate shall make a spe- cific finding that no violation of any ordinance de- scribed in section 2 -68 of this Code exists on the subject real property. (c) The balance of any fine or lien imposed pursuant to section 2 -72 that is reduced by the special magistrate shall be paid on such terms as approved by the special magistrate. (d) If the property for which an application for a fine reduction is being considered is owned by a government or quasi- government entity, the spe- cial magistrate may reduce such fine even if the violation has not been corrected. (e) Where recording has occurred and a lien filed against the property, any request for a sat- isfaction of the lien with less than full payment shall be considered by the town commission not the special magistrate. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -77. Provisions supplemental and cu. mulative. Nothing contained in this division shall in any way bar or prohibit the maintenance of a suit at law or in equity by the town to enjoin or correct any violation of the ordinances of the town, nor to bar or prohibit the town from filing charges against any person, firm or corporation violating any town ordinance as provided by existing laws. This Supp. No. 1 CD2:8 ADMINISTRATION division shall be construed to be supplemental and cumulative with any and all other remedies available to the town and not exclusive. (Ord. No. 06 -02, § 1, 5 -5 -06) Sec. 2 -78. Alternative code enforcement pro- cedures. The town may employ other methods of code enforcement including, but not limited to, the issuance of a notice to appear in county court or arrest for violation of municipal ordinances as provided for in F.S. ch. 901. Unless otherwise specifically authorized and provided for by law, a person convicted of violating a municipal ordi- nance may be sentenced to pay a fine not to exceed $500.00, and may be sentenced to a defi- nite term of imprisonment not to exceed 60 days, in a municipal detention facility or other facility as authorized by law. (Ord. No. 06 -02, § 1, 5 -5 -06) ARTICLE IV. INSURANCE PREMIUMS Sec. 2 -80. Property insurance premiums tax. (1) There is hereby assessed and imposed on every insurance company, corporation or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on, the business of property insur- ance as shown by the records of the State Department of Insurance, an excise tax in addition to any lawful license or excise tax now levied by the Town, in the amount of one and eighty -five hundredths (1.85) percent of the gross amount of receipts of premiums from policyholders on all pre- miums collected on property insurance policies covering property within the cor- porate limits of the Town. In the case of multiple -peril policies with a single pre- mium for both the property and casualty coverages in such policies, seventy (70) percent of such premium shall be used as the basis for the one and eighty -five hun- dredths (1.85) percent tax. This excise tax shall be payable annually on March 1 of each year. Supp. No. 1 CD2:9 § 2 -80 (2) All money derived from this tax shall be appropriated to the City of Delray Beach's Firefighter Relief and Pension Fund to provide fire - rescue services pursuant to the Interlocal Agreement between the Town of Gulf Stream and the City of Delray Beach. (Ord. No. 06 -08, § 1, 11- 17 -06) 6 a t 6 i i 9q 5 s s S 3 {55 3j f }s 5(T 2 �5j —� _� � i :o i. F .: x .._� e I� << F i z r � - � � � f E Y t// KF M1 �� S a,. i i ��_.;: s i't7 �'O --� � ti N � 1 'r �' er O O fJJ �_ V � � � n I eV i O � O O Con x S s _ tl _ S' 3 8 i E E 8 ! � v f s c ? { s A i" C r A f M f w r f O J' V �i 11 z G ti e� O ti O � (� 1 1 �� 1 s g 1 ' p � N � �j ' ti � P p v � L7 CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA TOWN OF GULF STREAM, Petitioner, V. Case No. CE 2 -13 MARTIN E. O'BOYLE, Respondent. ORDER DISMISSING WITH PREJUDICE Upon the Agreement of the Parties this case is hereby dismissed with prejudice. ' DONE AND ORDERED this 29`h day of July, 2013. IL TOWN OF GULF STREAM CODE ENFORCEMENT GLEN TORCIVIA, Special Magistrate Copies furnished to: John Randolph, Esq., Town Attorney, 505 S. Flagler Drive, West Palm Beach, FL 33402 Robert S. Gershman, Esq., Respondent's Attorney, 2160 W. Atlantic Ave, 2nd Floor, Delray Beach, FL 33445. p 1docO 3147\00013\pid \1 gs7100.docx Fran: (561) 6868700 Glen Torcivia 701 NorthpointParkway Suite 209 West Patin Beach, FL 33407 Origin ID: PBIA SHIPTO: (561)2765116 Rita Taylor, Town Clerk Town of Gulf Stream 100 Sea Road GULF STREAM, FL 33483 41" BILL SENDER Ship Data: 01AUG13 AciWgt 1.0 LB CAD: 103457947ANET3370 Delivery lAddress III I I II II II I II I I II I I I II I I III I I Ref# Gulf Stream Invoice # Po # Dept # TRH# 7963 7182 0309 0201 32 BCTA Page 1 of 1 MON - 05 AUG AA ** 2DAY ** 33483 FL -US FLL After printing this label: 1. Use the 'Print! button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non - delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Mazimum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. https: / /www.fedex.com/ shipping /html /en/ /PrintIFrame.html 8/1/2013 TOWN OF GULF STREAM, Petitioner, V. Respondent, MARTIN E. O'BOYLE CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA Case No. CE 2 -13 1. Page from Merriam- Webster online dictionary defining "predominant". 2. Online page from MacMillan dictionary defining "predominant". 3. Email from Bill Thrasher to Marty Minor dated 4/18/13 attaching 4 pictures. 4. Email from Marty Minor to Bill Thrasher dated 4/18/13 regarding new pies. 5. Excerpt (page 91) of Deposition of Marty Minor taken on 6/5/13 with attached email from Marty Minor to Bill Thrasher dated 4/17/13. 6. Reduced version of elevations of respondent's home dated 1/15/13. a. Full size elevations of respondent's home dated 1/15/13. b. Square foot calculations for project 23 Hidden Harbor- O'Boyle Residence dated 7/17/13. 7. 14 pages of various colors and sizes in relation to other colors on each page. a. Thrasher Cheat Sheet (relative to various colors in the proportion to paper area) (introduced for identification purposes -not admitted) 8. Photo of O'Boyle residence with 3 garage doors open showing rainbow stripes on columns between garage doors. 9. A -C. Envelope containing several hand drawn sketches dated 7/22/13. 10. Newspaper articles printed from the Internet regarding Westboro Baptist Church dated 7/17/13 TOWN OF GULF STREAM CODE ENFORCEMENT BY: ,S i gal Magistrate ?redomlinant - Vetlnitlon and More from the tree Merriam-Webster Uictlonary ?age 1 of L DEFENDANT'S EXHIBIT Crowne Pima Resort & Golf Club $150.00- Crowneplaza,mm Best Price Guarantee CIUMS a Garnet WOW of Me Oy VNeu New Olives My F..M UWrmticin Spr Spmrlxh CcntrnL - predominant subr m -w.com predominant "°' Oulz i.? NamcIlmit'Thing Arta by GOaPa San tles erad Wo FvrbR Tab Our lDQeseon Quiz Fly Vlroin America NlWre on ist FSabooKyanenedyloga Nonstop Room ton Cities, Orio a31$ Ainut3ble. Estate Today. AAC-.A. lb VaginAmericazonnWiphd pre-dom -i -nant adjective t -nvm\ Definition of PREDOMINANT h4 1 t Navin a srler sOm N, Infillma , a authority r PREVAILING being most lent or common Crowns Plaza p See predominant defined for English- language learners > 6159 $159 A Golf .00 See Predominant defined for kids = Crowneplaza.com Beg Price 1 mpiev of PREDOMINANT Guarantee Religion is the Predominant theme of the play. She is oracle minant amona new writers. Origin of PREDOMINANT Middle French, from Medieval Latin prxedwninant -, pmedominans, present participle of pDredominarl to predominate, from Latin pros- +dominad to rule, govern — RIM at DOMINATE First Known Lim: 1576 Related to PREDOMINANT Synonyms arch, big, capltal, cardinal, central, chief, dominant, first, grand, great, greatest. highest, key, leading, main, master, number one (also No. 1), numaro uno, overbearing, avermastering, overriding, paramount, foremost, preeminent, premier, primal, primary, principal, prior, sovereign (also sovra t). supreme Antonyms last, least Related Words distinguished, eminent, illustrious, noble, notable, noteworthy, outstanding, prestigious, signal, star, stellar, superior; high- level, senior, tap; Important, Influential, major, mighty, momentous, significant, Incomparable, matchless, unequaled (or unequalled): unparalleled, unsurpassed; celebrated, famed, famous, renowned Neer Antonyms Inconsequential, Inconsiderable, insignlflcant, minor, negligible, slight, trifling, trivial, unimportant; collateral, Inferior, secondary, subordinate, subsidiary more See Synonym Discussion at dominant Rhymes with PREDOMINANT http:// www.meniain- webster.com/dictionwy /predominant Aw.hdree la Crowne Plaza Resort b Golf Club $159.00 - Crowneplaza., Best Prize Guarantee .f Crowne Plaza Resort 8 Golf Club yi36.0e - E;:padla.ccm Expedla Guarantees the Best Price. aucTar.a la MORE GUIZIES span M W{ The 40tnmoraY mMlpeAed aordagab Hear K. even it VocabuWry Quiz How atraq b yowvora[Mleryl • • Take the Club, PHOTO CONTEST: THE WINNERS za: Flabbetgnet MwarMwlm wM MUrk, fa NlrprYp,Mepder __— Sea All Top IS Foul. NTuen l)id That "Frisbee" Q >mc Plrom3 { Tm lnwaK,dFmw,w owTap m Worth for Idnf; ADl CnlarTi Worth ImWng At PakbeA Fkavee, Fleas a More 1�4 r e STAY CONNECTED Oct On Prue Apps Volm Seams, Favdbs, Vitrd of ere my, and Mom Phone l IPad l Ameold l Mao KMJoin Us on FTl ar Tenter Cxl ea N1xd ofea Day W Mae Piund mk l TWmar 7/13/2013 0 Fl predommant - definition of predommant by Macmillan Uicttonary EXHIBIT predommant - definition AaECnvE /prs'domr 1' the mo &common or greatest In numberoramount rnepnobminanrNewwasthatshe -a.gu y. Thesaurus entry for this meaning of predominant 2 most Important or powerful Mypredominant feetng was one of surprise. Thesaurus entry for this meaning of predominant Share this definition of predominant 1-2 learn English if live English VlkzzVJoYd curate to select. organize and maintain a collection of resources BfzzNbrd Article More B=Words coraemlarm toll m- loamina SEO hatflp MOOC Bacon meme Beare Su&Mrd archive Word of the Day loganberry Yage 1 of l MACMILLAN DICTIONARY View thesaurus entry for aradominarrc Uslno the thesaurus Crowne Plaza Resort k Golf Club $150.00 - Crowneplaza.com Best Price Guarantee AdCholms rb t love English I Open Dictionary chainwatch to watch several episodes of a N aeries one after the other add a wore More submissions menise CFO :.aver fox datawillance augend COO mumhiecare videogmpher addend hyperpolyglot slallf Nordic rmir view entries er httv:// www. macmil landictionary .com/dictionarAritish/Dredominant 7/13/2013 P)( ; Marty - Ainor' From: Bill Thrasher <bthrasher @gulf- stream.org> Sent: Thursday, April 18, 2013 9:01 AM To: Marty Minor Subject: FW: new pics Attachments: 4 -18 pics.PDF Any ideas. From: Kelly Avery Sent: Thursday, April 18, 2013 8:45 AM To: Bill Thrasher Subject: new pits KeAy Avery Accountant /Assistant to the Finance Director Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 -7427 561 -276 -5116 561- 737 -0188 fax ki+=b'4dif- sirennL nCY DEFENDANT'S EXHIBIT a � 9 f 1 Marty, Mim, r From: Marty Minor Sent: Thursday, April 18, 2013 9:28 AM To: 'Bill Thrasher' Subject: RE: new pics Dear lord..... First, I think he is violating Section 70 -106 (e) which requires homes to use colors from the approved color list, which I am assuming these colors don't comply. The prohibition on signs may apply, but he is going to respond with a First Amendment argument, so we have to be careful with that. I am headed out to a meeting, but will look more into the code later. Unbelievable,marty Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida 33401 -5758 561- 366 -1100 urban The Offices at CityPlace North ph. (561) 366.1106 477 S. Rosemary Avenue, Suite 225 f. (561) 366.1111 ki I design West Palm Beach, Florida 33401 www.udkstudios.corr da S T U D 10 BY Urban Planning and Design ) Landscape Architecture I Communication Graphics From: Bill Thrasher [mailto:bthrasher(c gulf- stream.ora] Sent: Thursday, April 18, 2013 9:01 AM To: Marty Minor Subject: FW: new pics Any ideas. From: Kelly Avery Sent: Thursday, April 18, 2013 8:45 AM To: Bill Thrasher Subject: new pics Kelly Avery Accountant /Assistant to the Finance Director Town of Gulf Stream DEFENDANT'S 100 Sea Rd. L EXHIBIT r, LJ Gulf Stream,FL33483 -7427 561 - 276 -511,6 561- 737 -0188 fax kfl=Bqul/- sbwnj.orb EXHIBIT 9 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502013CA006750XXXXMB AO MARTIN E. O'BOYLE, Plaintiff, Li+ZcC TOWN OF GULF STREAM, Defendant. DEPOSITION OF MARTY MINOR TAKEN ON BEHALF OF THE PLAINTIFF Wednesday, June 5, 2013 9:14 - 11:55 a.m. 100 Sea Road Gulf Stream, Florida 33483 NOWorted by: Kathleen Lusz, RPR Job #377575 OESQUIRE 800.211.DEPO (3376) S 0 U r F 0 N= EsquireSolutions.com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM 1 1 BY MR. O'BOYLE: June 05, 2013 91 2 Q.. Just out of curiosity, I'm looking at an 3 e -mail that you sent to Mr. Thrasher April 17, 2013 at 4 9:33 a.m. And you're talking about Section 66 -431, 5 which is near and dear to my heart. 6 Have there been any changes? I see you've 7 recommended changes to the code here. Have there been 8 any changes? 9 MR. RANDOLPH: Objection. It does not relate 10 to any admissible evidence in this case. 11 You can answer. 12 THE WITNESS: Yeah. 13 MR. RANDOLPH: Do you have an exhibit number 14 you're referring to there? 15 MR. O'BOYLE: 8 -D. 16 1 MR. RANDOLPH: Thanks. 17 THE WITNESS: No. 18 MR. O'BOYLE: Okay. The documents that we 19 gave you as, I guess, Exhibits 1 through 9, can we 20 give those back to the witness, young lady? 21 BY MR. O'BOYLE: 22 Q. And, Mr. Minor, I have one just quick question 23 for you, which you can probably get through in 30 24 seconds. And that is are any of those documents to your 25 knowledge not available electronically? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com Ryan Witmer From: Marty Minor Sent: Wednesday, April 17, 2013 9:33 AM To: Bill Thrasher (bthrasher @gulf- stream.org) Subject: AIA Bill, As you and Rita thought, Section 66 -431 of the Code which prohibits the construction of buildings and "improvements" within 78 feet of the centerline of North Ocean Boulevard is not consistent with the Design Manual. In particular, Section 70 -297 of the Design Manual (page CD70:110) features Table 70- 297 -A which lists various development projects and the approval procedures. One of the listed development projects is: "Walls, fences, driveway gates, landscaping and structures within 50 feet of AIA." For this project, a Level 1 review is required. This is consistent with the Town's approval processes and past review actions. Typically, when two sections of a code conflict with each other, the more stringent provision would prevail. The more stringent provision would by Section 66 -431. Section 66 -431 should be revised or eliminate to eliminate these conflicts with the Design Manual. m a rty Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida 33401 -5758 561- 366 -1100 urban design k� I dad The Offices at CifyPloce North 477 S. Rosemary Avenue, Suite 225 West Palm Beach, Florida 33401 ph. (561) 366.1100 f. (561) 366.1 1 1 1 www.udkstudios.com Urban Planning and Design I Landscape Architecture I Communication Graphics DEVELOPMENT APPROVAL SET 1/15/2013 T s� x F . I i:_9gp4 a � ... 8�8f8�E l�� a. .. m ©D L'• f+ u T I- C DEVELOPMENT APPROVAL SET 1y? /15 20 ;13 W I ���L�aI nnon � x F+ � � ia�l� p•`6a6�� � � i �T �r a a m 5 0 � = p9..16 ®aa F7 u_ 0 a_ 0 F n. ti N c M 0 N n 3 v 0 Q w J } 0 O N 0 m N Project 7/17/2013 23 Hidden Harbor - Oboyle Residence O Iq s.f. 60 s.f. p 60 s.f. 271 5.f. C 60 5.f. 52 5.f. 342 s.f. 23 5.f.— FRENG14 DOOR 23 s.f. ON THIS WALL 128 s.f. 54 5.f. 42 s.f. 41 5.f. 72 s.f. 113 s.f. 44 s.f. + 26 s.f. 244 s.f. 515 s.f. Ext. Doors 125 5.f. A O 636 s.f. 23 5.f. C1 s.f. B 23 S.F. 12 s.f. II 5.f. 515 5.f. Ext. Doors 25 S.F. 765 s.f. Ext. Windows 12 s.f. 45 s.f. 4062 5.f. Bldg. Wall 23 s.f. + Goverage Iq 5.f. 30 5.f. 23 s.f. 5342 s.f. total wall 265 s.f. 30 s.f. Goverage 11 s.f. 32 5.f. 30 5.f. 358 s.f. 27 s.f. 58 s.f. 122 s.f. 12 5.f. 68 s.f. 108 s.f. 23 s.f. 23 5.f. 462 s.f. 30 s.f. 30 s.f. 18 s.f. 30 a.f. 60 s.f. 30 51. 18 s.f. 36 s.f. + 36 s.f. 14q s.f. 765 s.f. Ext. Wlndow5 + 588 5.f. 4062 s.f. BLD6. WALL COVERAGE (less doors and Windows) CURRIE SOWARDS AGUILA architects 185 N.E. 4th Avenue, Suite 101 Delray Beach, Florida 33483 TEL: 561 276 -4951 FAX: 561 243 -8184 E —mail: office ®csa— architects.com �t �e�en5� u F F F F F W M V M In A W N N A w N F O a 0 0 0 0 0 0 N� O O O H N f N w A to Ol Ul Vl Ul w In O 0 0 0 0 0 0 01 F-' O O O O m N F A LO F) N W N N N N N N In Ql Ul 01 VI (n In In In N w A N A+ A LO O Lu 0 0 0 0 0 W w A W&D W A co V O O O w co A V l0 Vt Ol N W Vl W W W W W VI W lu N V lO V N W F+ A A A li Oo w 1-+ A LO (n A In 0 o a o oe off° of off° o 0 it o it it rl O d w z C 3 c m a C N mm En a m A 7 r+ S 3 IF- 0 a C d N N a A d .r O O M a C d A D R d O d n 7c' w 0 O C 7 CL o sw � N � n m v a a D w M Ln � x C W Ir S � m m D M w i a H o 0 AD it 0 A a C ]� d m N d w z C 3 c m a C N mm En a m A 7 r+ S 3 IF- 0 a C d N N a A d .r O O M a C d A D R d O d n 7c' w 0 O C 7 CL o sw � N � n m v a a D w M Ln � x C W Ir S � m m D M w i H AD 14 NJ C V N O W O) LO `T N V w m fD V 7 N J W N (p A'+ S A A K pe�e�5e mpront buys ttouse across from Westooro ttapnst t,nurcn ana paints It... nttp ✓ /www.nydauynews.con vnews /natlonavrainbow- patntea- house -re i&A DAILYINEWS BEST CITY APP I ,, r • • ':.:;i IN THE WORLD! ME= Wednesday, July 17, 2013 NYDaIIyNowa..m /US Like Follow SIGNIN Jobs Classifieds Contests Reader Offers Hone Delivery services Apps search see WE WEB BLOGS news ponucs spans snowo¢ opinion living pnotos WDeo autos Mveor Nasys: us WORLD DESI 2013NYCELECTDNS CRW THE WEEK NEWS PIGS SLO Ls Nonprofit buys house across from Westboro Baptist Church and paints it colors of gay pride flag Planting Peace bought the house directly across the street from the notoriously anti -gay Westboro Baptist Church In Topeka, Kan. and painted It the rainbow colors of the pride flag. It will be used for volunteers helping With the nonprofits and - bullying Initiative. Cummcnh (27) BY VICTORIA TAYLOR I NEW YORK DAILY NEWS 1LESDAY. MARCH 19, 2013, 256 PM 7K 199 33 Nonprofit Planting Peace painted a home It recently purchased In the colors of the gay pride flag. The home sits across from the anti -gay Westboro Bapfist Church. The Westboro Baptist Church has a colorful new neighbor, and Roy G. Biv refit going anywhere soon. Planting Peace, a Destin, Fla.-based nonprofit, has purchased a house drectly across from the notoriously homophobic Westboro Baptist Church, and today it is being painting with the rainbow pattern of the gay pride Flag. W estbom Baptis[Ch uch bean ...4. .L�W,......:..e ceremony officiated by lesbian Baptist minister direedy aurae the street in Topeka, Kansas Westboro Baptist Church protons at Santa Mania High MOST POPULAR MOST READ MOST SHARED 1 AI Sharplon's new love is decades younger 2 B3Ts fellow jurors bash her for going on TV 3 slater of Swedish- speaking amresb patient: 'He just disappeared' 4 Girl sliced In hall by shark while snorkeling p w -polar nson..u. son 6 Missing girl found dead In New Orleans 7 Hospital staff allegedly terrorized black orderlies 8 In trial, Milwaukee ram recounts shooting of son, 13 9 Whalb that sound In my head? Flesh - va lily „uYYr�a 10 Ea kills Warren, himeff as B- year -old looks on r> 1> W('5e E.A� L 10 ,9 7/17/2013 2:15 PM ninprout buys house across from westboro Baptist t,nurcn ana paints It... ntip: uwww. nycaijynews. coffvnews /nationat/rainbow- paintea- house -ri President and founder Aaron Jackson, 31, told the Daily News that this all started when he came across the picture of nine - year -old Josef Miles countering the Westboro Baptist Church's Pickering with a small sign written in pencil that simply said'Gods hates no one.' Jackson checked to see where the infamous fire and brimstone church was located. While messing around with Google Maps' street view feature, he sawthat the house across the street from the church's Topeka, Kan. location was up for sale. School in Los Angeles over its tolerance of spy stn dents Former W estbom Baptist Church memberspeaks out:'1 wus urumwmncn Petition to label western Baptist Church a'hatc gmup u meet popular on White House website Inform T ECAPITPL.IOLRN Planting Peace, a Florida -based nonprofit, now owns the house across the street from the Westboro Baptist Church, and on Tuesday they started painting n the colors of the rainbows 'The idea came right away: buy it and paint it the colors of the pride flag,' Jackson said RELATED: FORMER W ESTBORO BAPTIST CHURCH MEMBER: 'I WAS BRAINWASHED' Jackson called the reaper, only to find out that the house wasn't for sale —but a neighboring one Ms. EDITORS' PICKS The average penis Sim of American A new study published lest week in the Journal of �•� Sexual Medicine finds that the average American man's PICTURES OF THE DAY: T1he most snmrtirf$ news pirows nvfnl aromd theworld Tibetan spirdual leader the Dalai Lane is silhouetted as Al Sharptm finds new love is dcendes younger The dill rinhM adived end MSNBC star, 58, Is dating 35- year -akt Aisho McShaw, a Westchester personal Snooki shows off so pomd weight loss Snmki conthmes to shrink! The pint -size reality starlet. real Snead continues to shdnkl The pintalze reality starlet, She's how old ?I Who's that wor an - err - gld? Tinsehownb underage set Is looking older than ever thanks to high<nd Check our the starlets wha11 Girl Sliced in half by sharkwhlle snorkeling A teen girl was sited In hall by a shark as she snorkeled just 15 -feet fromthe shore PHOTOS: Hottest celebritypicsofthe week See what all the stars were up to this week ... Ohio man beaten by six teens last year dies Six teens who savagely beat an Ohio men last year because they were bared may face additional charges What's dlatsm nd in my head? Flesh- eating me... Rochelle Harris, 27, of Derby, England Initially thought nothing of it when She stared suffering Boobs: NYPD cops se fne nhnt. —ith nude woman Two NVPD cops are facing an Internal investigation after posing fora racy picture with a topless F a [ 9 7i i NLIJ i 3 G: l 5 YD onprout buys nouse across from Westooro tdapust t nurcn ano paints it... ntt p:// www .nyclaliynews- cominews/nationai /rainbow- painteci- nouse -rt TIECW[TAWp1eNN. The Kansas -based Westboro Baptist church Is a small but wee -known group who preach messages like "God hates fags." After about six months of negotiations, Jackson's nonprofit bought the house for approximately $83,000. Jackson said painting was supposed to take place In December, but it was too cold Everything went ahead as planned Tuesday morni ng, despite some flumes in Topeka. Jackson said that they hired a comparry to hands the pain8ng. 'We cidn't want this to be a sideshow thing," he said. 'We knew this was going to be a dg deal, so we needed it to look good I'm not out to make upset neighbors' r' n � r � Y A member of the Westboro Baptist church said that thev aren't vwrried about the "aoofv rainbow house" and that he "thanks God" for IL RELATED: 265K SIGN PETITION TO LABEL WESTBORO A'HATE GROUP' Tennessee woman diagnosed with 'ghetto booty' ATennessee woman copinp wan a severe rower oalK problem endured even more pain when a doctor FEELING HOT, HOC, HOTI See how NerwYorkersstly cool in the dog days ofsunmer as Temperatures are nsirp and New Yorkers are finding Seeing sternal Rachel Bilson sports new colorfid neck ink Rachel &Han debWd a took on Tuesday that many of me fomer'O.C.'sbues fans probably werent Acting like childmnt Adults brawl over stolen puree at Chuck E. Cheese in Long Island during Things gal ugly at a Chuck E. Cheese restaurant in 'He told Darius that he's going to tmeh him not to steal... And he shot him': Milwaukee mother She watched horrified last year as her 78- year -old Relative admits to slaying 6-year-old A suburban New Orleans family Is shattered after a young relative was arrested and charged with stabbing his 6-year-old step-cousin Man shraas tmn over loud music Michael Dunn, 45, shot and killed teen Jordan Davis In Jacksonville on Friday, caps said. His lawyer said he acted In self- defense. Ex kills woman, laimmlraa 8-year-old looks o... M enraged ex- boyhlend broke Into an Ohio women's house and stabbed her to death before killing himself Hospitalsmff allegedly terrorized 1.1-A. ..- .1..- 1:.... An aneathealolegbt and a surgical technician at North Shore UniveraQy, Hospital terrorized black oderllea THROWINGTHE BOOK: Juror B37 in Trayvon Martin pitch for tell-ail on The look proposal Initially draw the abentim of Martin v I` e. a.-- _ I K The search for a pissing suburban New Orleans gld .79 7/17/2013 2:15 Pb Inpront buys house across from Westboro Idapust unurcn ana paints It.. nttp:fiwww.nycailynews.conynews/ nab onai/raint)ow -pai nteo- nouse -re The home, which has been named the Equality House, will be used to house volunteers that will push Planting Peace's and - bellying iNtiative to combat the messages that being gay is wrong and makes you 'less than; Jackson said 'We thought there was no better place to start than the Westboro Baptist Church. Obviously, they aren't the most powerful group, but they are the poster child," he added. Jackson said that his organization hired painters to handle the job so that the house looked good. Vie wmrt want tats to oe a siuesnow mmg, ne sam. As for their neighbors, Steve Drain, a member of the Westboro Baptist Church, told the Daily News that they aren't worried about the *goofy rainbow horse.' 'I think it's amazing. I thank God for that house; he said, 'became what it does is shine a brighter and brighter light on our message.' RELATED: ANONYMOUS WAGES WAR ON W ESTBORO BAPTIST CHURCH He said that if the church was not preaching that 'God hates fags' and 'God hates fag - enablers,' there wouldn't be anything unique about painting a rainbow house across the street from them "This is just another instance where someone is declaring their sin as Sodom,' he said, referencing Isaiah 3:9,'but that doesn't change Gods word' I ne vvestooro eapust � nurcn, wmmn was iouncee in moo oy rreo rnelps, Is Imamous rot its pcnets and protests in which supporters hold signs declaring slogans like'Thank God for Dead Solders" and 'God Hates America.' Its website's url is www.godhatesfags.com Planting Peace was started by Jackson and John Dieubon in 2004. The organization's other initiatives include dewoming projects, minforest conservation and opening orphanages. Learn more about the Equality House here. Bodyofmissing r 6- year -old New Orleans girl I endedgdnry Tuesdaywhen ' her body was found in a fraeh ran near her than - Labor Odom's alleged mistress spotted partying in Hollywood Is this n tiaeface ofthe b his Me lace of the women wWs caning In Sister of Swedisli- speaking mnnesta patient `He test disappeared' The sbter Or an .mnesia. stricken Florida man living In hellish limbo In a NEWSVIDEO 17 '9 7/17/2013 2:15 PN mprofit buys house across from Westboro Baptist Church and paints it... http:// www .nydailynews.conVnews /nafional /rainbow - painted- house -re POST A COMMENT s FROM AROUND TH r If you donl speak Spanish you should we this video to Team this one sneaky linguistic trick... Dallas Pastor Reseals 7 Shocking Biblical Truths on Investing; See Flow He Turned $40K into $396K E WEB Did you know that Boca Raton New your record is public? trick allows Florida Search anyone drivers to get auto instantly! Check insurance as low as anyone in Florida! $9 a week. i7 *za Boo Raton -All Myrtle Beach on Florida diners should sale. Rates as low not oav their as $69 oar nlaht 8 insurance bill, until package specials at they read this. select resorts. P RnSEWM fw1 What happens to your body when you take a free testosterone supplement? Cu m nbersoe CPAPJ nachres or risky suaary are not the only answers to solving sleep apnea. COMMENTS Commentsf' =1 tin•:W C...... s [Uivlvssiun lnlidelin�s] POST A FEW COMMENT JUCOLYII I I'O UYV> ✓JU LAL1f) "' Reply POST ') n n n m /ll /ILU IJ G. LJ LLY Inprout buys house across from westooro ldapust t;nurcn and paints it... SLACKU T- Dn9daysagn nt tp: uwww. nyaauynews .conilnewstnationauratnbow -pai ntea- house -re w'hy would anyone want to live or work anywhere near those psychos? Never mind provoke them with house paint colon? Reply alrtdhn 119 days ego Michael, don't be such a Ian $$y. Are van afraid of these mutated inbred toothless false prophets of Chlista Good News? Even though you got balanced from the job, I'll have your back if you make a stand alongside the good guys for a change. Mlemplion is a free gift to ALL men from Christ. Works for non - Christians nlsa if they wish to be spiritual over self serving. Pence rvyry 11Yl h BLACKLISTED 119 days ago You still have me mistaken for hlickanm. We are two different people, both of whom got whacked fie: permanently fired and blacklisted) from all law enforcement and all other government work tinder Ghouliani and Don hrrik. You have no idea of just how dangerous tlmse religious westhom nutrasrs are. Besides verbally protesting fit the funerals of soldiers they also line people and use n fain of mental conditioning on their so- called parissioners. If that's the nond of God its sure changed a bit since f went to Stmdny school! Some of them cau become violent. Nbuld you want them knmving where you live and work? Never mind Painting the house an it is emil y recognimble for them to firebomb? Tint non -profit agency is needlessly putting their employees in harms way! MS— SPARXX 119daysago Jackson and his organization are opportunists and their intention was to stir the ire of the Westboro Baptist Church nod cause horror in that neighborb and. Races parpl— CHRISTIENNE 119 days ago +2 From the Planting Peace AVebsite: `Noe too long, the ly estlwm Wiltist Cfiurcn fins need mtgeting the dTlJ 10 mnantmity frith messages of hate and discrimination. Often, protesting American sollirrs' fimemis and otganimtions that support equality. This faction Preaches extremism in our communities and directly targets our youth. To combat their messages of hate and to support equality and anti - bullying initiatives in schools and in our community, Planting Peace has established the Spadity Houw in Topeka, PS." `Located directly arenas (mat the lVes boo Baptist Church, the House is a symbol of equality, peace, and Positive change. The house, which is hinted the colors of the Pride tmg, will serve as me resource center far all Alluring Peace equality anti anti- nullting initiatives and will stand as a visual reminder of our commitment, as global citizens, to equality for all. We invite you to support otw movement and caroling van m don ate today m these equaBq- and anti- btdlvinginitiatives." P,Ppy a-a:lj- VOICEINTHEWILDERNESS 119danaan You go girl' 79 7/17/2013 2:15 Ph )nprout buys nouse across from westooro tsapust t_Ituren ana paints It... n ttp: / /www.nyclallynews.com/newst national /rainbow- paintea- nouse -rt HORSEHEAD2 119 days ago 0 .anti bullying "MMI the sowed "IfgrQ community" does is busy! CHRISTIENNE 119daysago 0 No Horsehead, yvu see, what we arc doing is pushing lark- against tram of rodefied instead of bullying, what we do is orgunize. From the Human Rights Campaign, to Outserve /SLDN, GLAAD, down to the pry - straight allianres in schools, we arpnize.If yon disapMm'e of this, and believe that years ofsysternir marginalization, then there are many pvrgrs dint van enn join and rvntributr to that oppose the pnnpis mentioned above. NOAi, FRC, Phyllis Srhaffley's Engle Foram VOICEINTHEWILDERNESS 119 drys ago DJ is correct, and you Goppers will never understand what n civil right is. You're lost the gm marriage battle out of ignorance and same old, same old, fear mongering. .3 Heres n rase for the GOP to embrace sincerity, and would result in o return to your party's lase platform: Repeal about 9;T % of the Pntriot.ArL That's grans take a set, and the left leanin g press will be all over it. Potriot dr[ has a million times more Potential for abuse or "'ploitation by unknown individuals in authority, than any drone use on the drnericen citizenry, so we won't need Rind's binds nest puss jabbering on CSRAN holding his ore in. RpM Mf.waGrrlM- peaMrlrl rxru Ito 0�",., aq lie not deceived; God is not mocked: for whatsoever a man soweth, that shall he also reap. And the loons at the Westboro Bnptist Church are receiving all the hatred they soared. RrpN WE MCOUIRE 119 days ago ♦5 Lax it! Way to go, guys!!! Rapt JUST 131 days ago a2 The Westborough Baptists are a hoax They urre originally beicg used to increase securin• near terrorist targets. Today, they just smear Political enemies. I guess the terrorists won. R * •.T:," BUTTERS 119dwsaoo 0 Ind, hah? tapes VOICEINTHEWILDERNESS 119danitoo t2 9 7/17/2013 2:15 PN mpront buys house across from Westboro Baptist cnurcn ano paints It... nttp:/ fwww. nyeallynews. convnewsinat !onavrainbow- pa!ntea- nouse -re 0 Pat the Imng down and step nwgc ........ _.. RepN MANINTHEMIDOLE 120daysago ♦8 This is beyond mresome. These freaks deserve harrnsment and this just fits the bill. Yeah baby! RepN voij, RUCKUS TOM 119 days ago a Which set of freaks? Rapti I=L, VOICEINTHEWILOERNESS Its daysago .3 The Westboro church members And y in rsister, uncle Rucker, and courant blind eye doofus self! MOLLYTOO 120 days ago +3 Gay marriage is a civil issue. bocce think that mo atheists need to be married in a religious acremouy? Churches can decide to man or not man' whomever they choose. Cities 101 R" r,it. RBCREWSER 119dzv.sm 41 While I agree with your sentiment, I do really suggest you look into what the Westboro Baptist Church stands for. Just google it still yon71 find their humepnge goes by a clisguwling name of gm$atesfrp its. p..otg— . go ware their banners around at funerals of soldiers. You renlly think they desert any kind of respect? They nut the exact type of organized religions group that should NEVER he Allmtcd to edst order ourira roles. Take mvny the religions aspect And correctly lapel it hnhcd, take ntmy the financial inducement for this hale Small. RICHAROC43 12u days aao Awesome. Looks great, too! "Pry Rer,N shawmare comments -3 HOWTOWINMEGA MORTGAGE RATES HIT PREPAID NSA CARD MII.WONS 2.50% OFFERS Professor Reveals How To Win Ifyou owe under$Mk you No Activation Peet No Credit Mega MilliOM2TimeslnA may qualify for 2.90 % APR Checkt $ly Bonus with Flee 79 7/17/2013 2:15 Ph mpront buys nouse across from westooro tsapust Lnurcn anti paints it... fittp:)) www. nycailynews .com/news /nationat/rainDow- painted - nouse -rc Row. Govt Refi Plans. Direct Deposit. (www.winning- (www.Hefin=w.Lowe Afyad6.mr. (http: / /credit -boxmm numbars.ts /or/Lt) /account -nowl) (J Media Kit Autos Harris Delivery Nevrsletters Businesses Place an Ad About our Ads Contact Us FAC's Feeds Site Map Use of Ws vataite signifies your agreenent to Ce Terns of Service and Privacy PoNcy. O Copyright 2013 WDelyNsas.com All rights reserved. '9 7/17/2013 2:15 PN V N U„ N T� �1 f A 0 �rA i N ■ 0 5 � ' c z s � n o + � tti A W O J„ A N < ■ m r v F n n 0 m z n O (1 c 0 i 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 Glen J. Torcivia Lara Donlon Christy Goddeau* Jennifer H.R. Hunecke Barbara Alterman Lisa M. Conforti - FLORIDA BAR BOARD CERTIFIED CITY COUNTY AND LOCAL GOVERNMENT ATTORNEY August 1, 2013 VIA FED -EX Rita Taylor, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Re: Town of Gulf Stream vs. Martin O'Boyle Case No. CE 2 -13 Dear Ms. Taylor, Telephone (561) 686.8700 Telefaz (561) 686.8764 wwwaarcivialaw.com As you are probably aware, the Town and Mr. O'Boyle have resolved this matter and I have entered a stipulated Order dismissing this case. As you are also aware, I have the exhibits that were introduced into evidence which I am now returning to you as the custodian of the records. Attached is a listing of the exhibits that were offered by the Town and the exhibits that were offered by the Respondent Mr. O'Boyle. I am not retaining a copy of any of these documents. Please note that I have not returned caselaw submitted by the parties as those were not exhibits, Unless I hear from either you or the attorneys regarding said caselaw by August 7, 2013, 1 will dispose of said caselaw. Sincerely, 6EEN J. TORCIVIA, ESQ. GJT /vm enclosures- All Exhibits cc: John Randolph, Esq. Robert S. Gershman, Esq. CODE ENFORCEMENT ORDER TOWN OF GULF STREAM, FLORIDA TOWN OF GULF STREAM, Petitioner, V. Respondent, MARTIN E. O'BOYLE Case No. CE 2 -13 1. Photo of the wall of the Respondent's home with painting with the captions Tweedle Dee and Tweedle Dum. 2. Photo of the Respondent's home with rainbow stripes across the three garage doors. 3. Notice and Agenda for Case No. CE2 -13. 4. April 30, 2013, courtesy letter from Ms. Taylor to Mr. O'Boyle with attached certified mail receipt. 5. Statement of Violation and Notice of Hearing, Case #2 -13 dated 5/14/13 and signed by Mr. Thrasher. 6. Color board of red - oranges (the clerk retained the originals). 7. Copies of 4 color boards (the clerk retained the originals): red -orange /toned red - oranges (001 to 077), oranges /toned oranges (078 to 140), red/red- violets (1261 to 1379) and browns /red - browns (1156 to 1260). 8. Page 409 from Webster Dictionary defining "predominant ". 9. A photo of Respondent's home showing 2 garage doors painted in rainbow colors (3'd garage door is open) with partial painting of Shrek and a donkey above the garage doors, dated 7/15/13. 10. Notice and Agenda for Case No. CE2 -13 dated 7/15/13. 11. Pages 66:36, 66:37 and 66:38 of the Town's Code, specifically Sections 66 -140 through 66 -143 of the Town's Code. 12. Pages CD 70:60, 70:61 and 70:62 of the Town's Code, specifically Section 70 -106 of the Town's Code. 13. Application for Development Approval dated 1/15/13 submitted for 23 Hidden Harbor Drive by William Ring. TOWN OF GULF STREAM CODE ENFORCEMENT BY: Special Magistrate Page 1 of 1 http: / /www.cbsl2.com/news /top- stories /stories / /images /Garage_f3eTQ jpg 4/19/2013 -7c, , .— / x )- 5617370188 Fax 10• ":19 a.m. 07 -14 -2013 2/12 f NOTICE AND AGENDA IN REGARD TO THE STATEMENT OF VIOLATION, CASE NO. CE2 -13, AND THE ORIGINAL NOTICE OF HEARING BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM DATED MAY 14, 2013, THIS IS TO ADVISE THAT THE HEARING ORIGINALLY SCHEDULED FOR .TUNE 4,2013 I$ RE- SCHEDULED TO BE HEARD ON JULY 16, 2013 AT 8:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. PLEASE BE ADVISED THAT THE TOWN IS DISMISSING THE CHARGE OF VIOLATION OF SECTION 66 -446. CHARGES OF VIOLATIONS OF SECTIONS 66- 141(1)d. & e. AND 70- 106(b)(3) WILL BE HEARD AS ORIGINALLY LISTED. AGENDA Call to Order. II. Case No. CE 2 -13. Martin E. O'Boyle, 23 Hidden Harbour Drive, Gulf Stream, Florida 33483 had prohibited colors painted on the north and south sides on the exterior walls of his home in violation of the following sections of the Gulf Stream Code of Ordinances: A. Sec. 66- 141(1)d. & e. requires that any change in exterior wall color must have a Level 1 Architectural /Site Plna Review. B. Sec. 70- 106(b)(3) requires exterior paint colors be from those listed as "approved" colors for Spanish Mediterranean architectural style structures. III. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OFTHE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE'THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 �Uc✓ l'� 3 USPS - The United States Postal Service (U.S. Postal Service) � r CO Ln II O m ru ft) ru Postage S l . C Certified Fee �j ra O Return Recalpl Fee p (E clop ement Required) You entered: 70120470000122230559 Your =9 Status, Me allemptM ti, deliver your dam at 4.07 pm on May 17 2013 in OELRAY BEACH FL 33403 and is notice urea lea. You may amenge mdelivny by visiting had 115h.9 lindWhttpa lAw.w uses coMnEelner, da c m , had II. uses ram ; redellveryL! /aag, or calling 9 ASK -I1SPS or may pick up the gem at me Post ORce Indicated on the notice. 11 this gem is undmmed deer 15 business days ihan It yell be returned b sender Infrnmagon. it avagatile is updated penodcelly throughout the day. Reese check again later -� Pmbnark a % Here Y r- 1.06 ' 0261 ' S Total Postage S Fe" O 7tin O'Boyle ru r -_ - - r c.polsiodw 23 Hidden li to b3YldVS013------------ Sbb. bx ---- - - - - -- - -- -- _ Gulf Strewn FL 33483 PS F.rdn 3801) AuguM 21)(1r, See Reverse for Instructions https: / /www.usps.com/ Page 1 of 1 6/2/2013 COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice Mayor MURIEL J. ANDERSON W. GARRETT DERING ROBERT W. GANGER April 30, 2013 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COURTESY LETTER Telephone (561) 276­5116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Mr. Martin O'Boyle 23 Hidden Harbour Drive Hand Delivery Article #171 Gulf Stream, Florida 33483 Dear Mr. O'Boyle: It has come to our attention that a large sign has been painted on one side of your home located at the above address and a series of multi - colored stripes painted on another side of your home. This is in violation of the Gulf Stream Code of Ordinances as follows: Section 66 -446: Prohibits any sign that is not listed in this section as being permitted. This sign is not listed in the permitted section. Section 70- 106(b)(3): Lists the approved colors for Spanish Mediter- ranean structures and the colors used are not on this list. Section 66- 141(1)d. &e.: Changes in exterior wall colors require a Level 1 Architectural /Site Plan Review, which is a staff review and permit. There is no charge. These violations are to be corrected no later than the close of business on Friday, May 3, 2013 by restoring the walls to their original color prior to the introduction of the signs. Failure to comply shall result in further action as provided in Chapter 2 Division 2, Code Enforcement, of the Gulf Stream Code of Ordinances. Regards, Ri a L. Taylor ✓�' `- Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 = E2 Ear do-1' W'ouuT Lu'- _ mTy t -e V6a wr_ emVWm L,� o O .nj•'L. qq E `o. 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CE2 -13, AND THE ORIGINAL NOTICE OF HEARING BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM DATED MAY 14, 2013, THIS IS TO ADVISE THAT THE HEARING ORIGINALLY SCHEDULED FOR JUNE 4,2013 I$ RE- SCHEDULED TO BE HEARD ON JULY 16, 2013 AT 8:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. PLEASE BE ADVISED THAT THE TOWN IS DISMISSING THE CHARGE OF VIOLATION OF SECTION 66 -446. CHARGES OF VIOLATIONS OF SECTIONS 66- 141(1)d. & e. AND 70- 106(b)(3) WILL BE HEARD AS ORIGINALLY LISTED. AGENDA Call to Order. II. Case No. CE 2 -13. Martin E. O'Boyle, 23 Hidden Harbour Drive, Gulf Stream, Florida 33483 had prohibited colors painted on the north and south sides on the exterior walls of his home in violation of the following sections of the Gulf Stream Code of Ordinances: A. Sec. 66- 141(1)d. & e. requires that any change in exterior wall color must have a Level 1 Architectural /Site Plna Review. B. Sec. 70- 106(b)(3) requires exterior paint colors be from those listed as "approved" colors for Spanish Mediterranean architectural style structures. III. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN OF GULF STREAM SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SAID PARTY WILL NEED A RECORD OFTHE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 Date: July 15, 2013 r Y �0 § 66 -136 ARTICLE V. SITE PLANS* DIVISION L GENERALLY Secs. 66-136 -66 -139. Reserved. GULF STREAM CODE DIVISION 2. ARCHITECTURAL/SITE PLAN REVIEW— LEVELS 1, 2 AND 3 Sec. 66 -140. Purpose and intent. This division sets forth procedures and stan- dards for the appropriate review authorities to review and approve, approve with conditions, or deny applications for architectural/site plan re- view. The purpose of these provisions is to pro- mote harmonious, functional relationships among the various elements within any development such as the location of activities, vehicular and pedestrian circulation systems, and visual form to insure physical, social, and economic compatibil- ity with neighboring developments and condi- tions, as well as with the community at large and to prevent detrimental impacts to the natural environment on and off the site by providing for review and evaluation of site and building plans for all developments of the types listed in this division and elsewhere in this chapter. Although certain minimum standards are prescribed by specific provisions of this article and other sec- tions of this Code, architectural/site plan review will permit maximum flexibility in evaluating each plan on its merits and encourage variety and innovation within the intent and purpose speci- fied for each zoning district while insuring pri- vacy and safety on all levels. (Ord. No. 95 -1, § 2,1-30-95) *Editor's note—Ord. No. 95 -1, § 2, adopted Jan. 30, 1995, repealed the former Art. V, and enacted a new Art. Vas set out herein. The former Art. V, §§ 66- 151 -66 -154, pertained to similar subject matter and derived from Ord. No. 83 -1, §§ 2(X, M, 1-4), adopted April 8, 1983; Ord. No. 91 -2, § 1, adopted Jan. 21, 1991; Ord. No. 91 -23, §§ 1-3, adopted Oct. 21, 1991. Cross references — Coastal construction code, § 42 -51 at seq.; site plan required for marinas, § 52 -51 at seq. Sec. 66 -141. Applicability. For purposes of administering the require- ments of this article, development projects are classified as follows: CD66:36 (1) Projects requiring level 1 architectural) site plan review. a. Minor accessory structures, with the exception of any detached, habitable structures; b. Expansions of existing primary or accessory structures of up to ten percent of the existing total floor area on the property but not to ex- ceed 300 square feet; C. Demolitions of existing primary or accessory structures of up to ten percent of the existing total floor area on the property but not to ex- ceed 300 square feet; d. Changes in exterior wall, roofing, window, door, mailboxes, awning, or column material, which are signifi- cantly different in color, texture, or appearance than the existing mate- rials. e. Changes in exterior wall, roofing, window or door colors which do not require a building permit; f. Increases or decreases in impervious surface areas or changes in impervi- ous surface materials; g. Walls, fences and driveway gates not within the North Ocean Boulevard Overlay District. h. Minor improvements and landscap- ing along AlA and fences or walls along side property lines that are within the 50 -foot North Ocean Bou- levard Overlay District. i. Removal of up to two trees over eight inches in caliper, provided that rea- sonable replacement tree(s) are pro- posed. This section shall not be ap- plicable to clubs located within the Town which maintain golf courses which require removal and replace- ZONING ment of trees as a matter of mainte- nance and improvement of the golf course. This exemption shall not ap- ply, however, in the event of the removal and replacement of trees located within a perimeter of 100 feet of any boundary of the golf course. (2) Projects requiring level 2 architectural l site plan review. a. Detached, habitable, minor acces- sory structures; b. Expansions of existing primary or accessory structures of greater than 300 square feet or ten percent of the existing total floor area on the prop- erty, but not larger than 50 percent; C. Demolitions of existing primary or accessory structures of greater than 300 square feet or ten percent of the existing total floor area on the prop- erty but not more than 50 percent; d. Projects which utilize design styles, elements or materials in a manner classified as discouraged by the Gulf Stream Design Manual in the appli- cable zoning district; e. Removal of more than two trees of over eight inches in caliper, or re- moval of any trees where replace- ment trees are not proposed. This provision shall not be applicable to clubs located within the Town which maintain golf courses which require removal and replacement of trees as a matter ofmaintenance and improve- ment of the golf course. This exemp- tion shall not apply, however, in the event of the removal and replace- ment of trees located within a perim- eter of 100 feet of any boundary of the golf course. Notwithstanding the foregoing, removal or alteration of more than 50 percent of vegetation on a site requires level III approval. f. New entrance gates along AlA, ma- jor landscaping additions or removal CD66:37 § 66 -141 and perimeter walls parallel to AlA that are within the 50 -foot North Ocean Boulevard Overlay District; g. Development proposals which other- wise would require a level 1 archi- tectural/site plan review but which also require a sign review; h. Development proposals which other- wise would require a level 1 archi- tectural/site plan review but which, in the opinion of the planning and building administrator, warrant a level 2 architectural/site plan review due to the development's potential impacts. (3) Projects requiring level 3 architectural/ site plan review. a. New primary structures; b. Expansions of existing primary or accessory structures of greater than 50 percent of the existing total floor area on the property; C. Demolitions of existing primary or accessory structures of greater than 50 percent of the existing total floor area on the property; d. Development proposals which re- quire a variance; e. Development proposals which re- quire a special exception; f. Development proposals which are the subject of a development agreement; g. Development proposals which re- quire a subdivision; h. Development proposals which re- quire an amendment to the official zoning map; i. Development proposals which re- quire an amendment to the future land use map of the comprehensive plan; j. Development proposals which are deemed developments of regional im- pact pursuant to F.S. § 350.06 or which are subject to review for extra - jurisdictional impacts under the pro- § 66 -141 GULF STREAM CODE visions of the intergovernmental co- ordination element of the adopted comprehensive plan; k. Clearing of more than 50 percent of a site's existing vegetation; 1. Development proposals which other- wise require a level 2 architectural/ site plan review but which in the opinion of the architectural review and planning board warrant a level 3 architectural/site plan review due to the project's potential impacts. (Ord. No. 95 -1, § 2, 1- 30 -95; Ord. No. 00 -1, §§ 10- 13, 3- 10 -00; Ord. No. 10 -1, § 2, 9- 10 -10) Sec. 66 -142. Review authorities. (a) Level 1 architectural /site plan review. The planning and building administrator shall act as the final review authority on all applications for level 1 architectural/site plan reviews pursuant to the provisions of the section. (b) Level 2 architectural I site plan review. The architectural review and planning board shall act as the final review authority on all applications for level 2 architectural/ site plan reviews pursu- ant to the provisions of the section after receipt of a recommendation from the planning and build- ing administrator. (c) Level 3 architecturallsite plan review. The board of adjustment shall act as the final review authority on all applications for level 3 architec- tural/site plan reviews pursuant to the provisions of the section after receipt of recommendations from the planning and building administrator and the architectural review and planning board. (Ord. No. 95 -1, § 2, 1- 30 -95) Sec. 66 -143. Action by final review author- ity. (a) Level 1 architectural/ site plan review. The Planning and building administrator shall hear, review and consider each application for a level 1 architectural/site plan review and take one of the following actions: (1) Grant the application in full. (2) Deny the application in full. (3) Grant the application in part. (4) Grant a modification of the application in such form as the planning and building administrator deems proper and consis- tent with the applicable standards for architectural/site plan review approval. (5) Establish such conditions as the planning and building administrator deems neces- sary to ensure conformance with the ap- plicable architectural/site plan review stan- dards. (6) Return the application to the applicant with specific instructions as to additional information, evidence, or testimony de- sired in order to make a decision consis- tent with the applicable architectural/site plan review standards. (b) Level 2 and level 3 architectural /site plan review. (1) The applicable review authority shall hear, review and consider each application for a level 2 or level 3 architectural/site plan . review and shall recommend or take one of the following actions: a. Grant the application in full. CD66:38 b. Deny the application in full. C. Grant the application in part. d. Grant a modification of the applica- tion in such form as the review au- thority deems proper and consistent with the applicable standards for architectural/site plan review ap- proval. e. Establish such conditions as the re- view authority deems necessary to ensure conformance with the appli- cable architectural/site plan review standards. f. Return the application to a recom- mending review authority or appli- cant with specific instructions as to additional information, evidence, or testimony desired in order to make a decision consistent with the applica- ble architectural/site plan review standards. 09:OLQD 'smopags Ism ueo aae•Ians ag3 3o aanlxeq aq,L •aas•Ians 92ael s S0n0 pagdde uagm asuaTm aaom pus aaVup asadde Sllensn saolo0 •aaujaus ag} ;o uoclBa;saua; pus'aanwj'azts'o; pagmnl Sou ale 3nq `apnlam saopuaaplsuo0 •dtgo aoloo ao aldums aolm a uo paseq aoloa a 2uT alas uagm paslaaaxe eq Plnogs uoquiaplsuoa lnpxuo •aoloo ;o uoquallddu aq; pagu saopuj Suulq •suayDaapisuoj (T) •Pu ?ppnq 1Ddtoua.rd (q) paTcgtgoad ao panoaddu se pai0sssln pure peasdmoo aq uuo aldmus gulud Sus aaagm `uosLredmoo ioj slseq a su -anaas -Hugs `IpsH umgL 9q3 ul pa3saol atega uoclaalas aoloa aq3 q'4lm 2uopr `;pI aqL a9at4aslrtusm so 4anpoad gttced agtaads Sue asaopua m puammooaa;ou saop umol 9%L Sqijtgslten8 puu leen ;o asue 'ssauagaldmoa uo paeeq pa;oalas sum 17 aq,L fluo a3uaaa3aa a se pasn sl golgm `Irg lope S iolo0 aaooN umrefuag aT moa; axe peauaaapi suoquagmads aoloo 9%L •mu; 2urpllnq pau 2urplmq ludcauud aq; ao3 panoadds aas saolo0 •samoq SITms;a12ms Ilu ao; panoadde am sioloa 2ulmollo; eq,L (g) •00g-0L uolpas m papnlom st ssaaoad uogoalas aoloa aqq 3o S2olopoggam atp pus sauel aoloa ;o uonuueldxa uu pus 'smollo3 saoloo ur!4 Pus 2trr pIT nq ledlaurad panoadde ;o 3sll a3aldmoo y •IluH umgL aqg le algsltane st saoloo panoadde UU 2mSaldstp atega aldmes aoloa agaldmoa y amoq alS ;s n8ausua ;tpaN gscusdg anlq s aq pinom xoloa 3o asn alupdoadduul us ;o alduruxe uy •(salf4S [umWa}tgaay }ueumtopaad'IIA alaL aas) aaxpous ao3 aleudoaddeul aq Sem 3nq aanpa3cgoxu ;o alS ;s euo ioj a;audoidds aq Sem sioloo panoiddV (ti) •seanpa3 laatt3aa4tgaas snoLm ao; uor;sagdde aoloa o� puodsaaaoa lsq� pagsllge ;sa uaaq °nag aoloa 3uaaas pue `aoloa a `aoloa 2ucplmq IBdcauud 'sauo2aM aaagy uoasT pc Im eg3 aauem p m a a a ut aoloo sassaappe ae4daga aq,L •samoq usausaaap pal�I gsuedg of uommoo are saoloo augip ms 3gig Pus `sla3sed uraem `sa ;cgmgo altgm `samog alS3s epnauag- ur8aqg ;lrt0 aztaa3auaega saoloa 193ssd snous� aattlana3s age ;o alils p;an3aa }Igaas ag33o aA4u4uasaadaa aq Plnogs aolo0 (T) •S11D.raua,0 (u) 10100 '90T-OL 'aaS (00-OT-0 `" § `T-00 'ON •Pj0) •(paxlapad) 2ulpllnq judlautad q]!m lualslsuoa loo° pus `leujutu <lolo0 ;ooa algs2 2ulgaleut gllm a2sas2 alfls lselnag usaasaaa{lpayu lsald,(j, MOD FivaILLS =0 COI OL a GULF STREAM DESIGN MANUAL 4 70 -106 making colors appear darker. The arrangement of the windows and various other elements define the amount of solid wall surface to consider. In general, colors should exemplify a high to medium -high value and a low to medium4ow chroma (see section 70 -300, Color). (2) Definition. "Principal building color" shall refer to the predominant color application to all walls of the principal building and associated accessory structures. Principal building colors are subject to review and must be on the approved color list. (3) Approved color list. The following colors are approved as principal building colors on all homes except for the Spanish Mediterranean style. For Spanish Mediterranean style, yellow - greens, toned yellow - greens, toned greens, greens, blue - greens, toned blue- greens, blues, and blue - violets (colors #365 through 840) referenced herein shall be prohibited. a. Red- oranges/toned red - oranges: 001, 008, 009, 015, 016, 017, 022, 023, 024, 029, 030, 036, 037, 038, 043, 044, 045, 050, 051, 052, 053, 057, 058, 059, 060, 064, 065, 066, 067, 071, 072, 073, 078, 0797 080, 085, 086, 087, 092, 093, 094, 095, 099, 100, 101, 106, 107, 108, 113, 114, 115, 116, 120, 121, 122, 127, 128, 129, 134, 135, 136. b. Yellow-oranges ltoned yellow- oranges lgolds: 141, 142, 143, 148, 149, 150, 155, 156, 162, 163, 164, 169, 170, 176, 177, 183, 184, 185, 190, 191, 192, 197, 198, 199, 204, 205, 206, 207, 211, 212, 213, 214, 218, 219, 220, 2217 225, 226, 227, 232, 233, 234, 239, 240, 241, 242, 246, 247, 248, 253, 254, 255, 260, 261, 262, 263, 267, 268, 269, 270, 274, 275, 276, 281, 282, 283, 284, 288, 289, 290, 295, 296, 297, 302, 303, 304, 305. C. Yellow /toned yellows: 309, 310, 311, 316, 317, 318, 323, 324, 325, 330, 331, 332, 333, 337, 338, 339, 344, 345, 346, 347, 3512 352, 358, 359. d. Yellow- greens /toned yellow - greens (prohibited for Spanish Mediterranean): 365, 366, 367, 372, 373, 374, 375, 379, 380, 386, 387, 388, 393, 394, 400, 407, 408, 414, 421, 428. e. Toned greens (prohibited for Spanish Mediterranean): 435, 436, 437, 442, 449, 456, 457, 463, 464, 470, 471, 477, 478, 484, 485, 491, 492, 498, 499, 505, 506, 512, 513, 519, 520, 521, 526, 527, 533, 534. f. Greens (prohibited for Spanish Mediterranean): 547, 582, 596, 617, 624. g. Blue - greens/ toned blue - greens (prohibited for Spanish Mediterranean): 645, 652, 666, 673, 680, 694, 701, 708, 715. h. Blues/blue- violets (prohibited for Spanish Mediterranean): 771, 792, 793, 806, 807, 813, 834, 835. i. Off-whites /pastels: 841 thru 973 (all). j. Warm neutrals l beiges: 974, 975, 976, 981, 982, 983, 984, 988, 989, 990, 995, 996, 1002, 1003, 1004, 1005, 1009, 1010, 1011, 1016, 1017, 1018, 1023, 1024, 1025, 1030, 1031, 1032, 1037, 1038, 1039, 1044, 1045, 1046, 1051, 1052, 1053, 1058, 1059, 1060, 1065, 1066, 1067, 1068, 1072, 1073, 1074, 1079, 1080, 1081, 1086, 1087, 1088, 1093, 1094, 1095, 1100, 1101, 1107, 1108, 1109, 1114, 1115, 1121, 1122. k. Browns /red - browns: 1156, 1157, 1158, 1163, 1164, 1165, 1166, 1170, 1171, 1172, 1177, 1178, 1184, 1185, 1186, 1191, 1192, 1198, 1205, 1206, 1212, 1213, 1214, 1215, 1219, 1226, 1240, 1241, 1247, 1248. 1. Redslred- violets: 1261, 1268, 1275, 1282, 1289, 1317, 1331. m. Volets /toned violets: All not allowed. CD70:61 $ 70 -106 GULF STREAM CODE n. Cool neutrals /toned gray-greens. 1457, 1458, 1464, 1465, 1471, 1472, 1478, 1479, 1485, 1492, 1493, 1499, 1500, 1506, 1507, 1508, 1513, 1514, 1515, 1516, 1520, 1521, 1522, 1527, 1528, 1529, 1530, 1534, 1535, 1536, 1541, 1542, 1548, 1549, 1550, 1555, 1556, 1557, 1562, 1563, 1569, 1570, 1576, 1577. 0. Grayslblue- grays: 1583, 1584, 1585, 1590, 1591, 1597, 1598, 1604, 1611, 1612, 1618, 1619, 1625, 1626, 1632, 1633, 1639, 1640, 1646, 1647, 1653, 1660, 1661, 1667, 1674, 1675. (c) Trim. (1) Considerations. In addition to the principal building surface, the trim constitutes an important part of the home. Color selection should differentiate the trim from the walls, but contrast should be appropriate to the architectural style. Creating contrast helps to highlight the building articulation, while at the same time reduces the potential box -like appearance. Care should be exercised in selecting a color that will not overpower or dominate the home. (2) Definition. "Trim color" shall refer to the color application to any or all building trim elements such as eaves, soffits, overhangs, cornices, friezes, fascias, windows, sills, brackets, and gutters (if painted). Trim colors are subject to review and must be on the approved color list and be consistent with the principal building color. (3) Approved color list. The following colors are approved as trim colors on all homes except for the Spanish Mediterranean style. For Spanish Mediterranean style, yellow - greens, toned yellow - greens, toned greens, greens, blue - greens, toned blue - greens, blues, and blue - violets (colors #365 through 840) referenced herein shall be prohibited. All approved principal building colors are approved as building trim colors. a. Red- oranges/toned red - oranges: 002, 010, 018, 025, 031, 039, 046, 054, 061, 068, 074, 081, 088, 096, 102, 109, 117, 123, 130, 137. b. Yellow - oranges /toned yellow- oranges lgolds: 144, 151, 157, 165, 171,178, 186, 193, 200, 208, 215, 222, 228, 235, 249, 243, 256, 264, 271, 277, 285, 291, 298, 306. C. Yellow /toned yellows: 312, 319, 326, 334, 340, 348, 353, 360. d. Yellow - greens /toned yellow-greens (prohibited for Spanish Mediterranean): 368, 376, 381, 389, 395, 401, 415, 409, 422, 429. e. 4bned greens (prohibited for Spanish Mediterranean): 438, 443, 450, 458, 465, 472, 479, 486, 493, 500, 507, 514, 522, 528, 535. f. Greens (prohibited for Spanish Mediterranean): 540, 548, 554, 561, 568, 575, 583, 589, 597, 603, 610, 618, 625, 631. g. Blue - greens /toned blue -greens (prohibited for Spanish Mediterranean): 638, 646, 653, 659, 667, 674, 681, 687, 695, 702, 709, 716, 722, 729, 736. h. Blues /blue - violets (prohibited for Spanish Mediterranean): 743, 750, 757, 764, 772, 778, 785, 794, 799, 808, 814, 820, 827, 836. L Warm neutrals /beiges: 977, 985, 991, 997, 1006, 1012, 1019, 1026, 1033, 1040, 1047, 1054, 1061, 1069, 1075, 1082, 1089, 1096, 1102, 1110, 1116, 1123. j. Brownslred- browns: 1159, 1167, 1173, 1179, 1187, 1193, 1199, 1207, 1216, 1220, 1227, 1233, 1242, 1249, 1254. k. Reds /red- violets: 1262, 1269, 1276, 1283, 1290, 1296, 1303, 1310, 1318, 1324, 1332, 1338. 1. Violets /toned violets: 1380, 1387, 1394, 1401, 1408, 1415, 1422, 1429, 1436, 1443, 1450. m. Cool neutralsltoned gray-greens: 1459, 1466, 1473, 1480, 1486, 1494, 1501, 1509, 1517, 1523, 1531, 1537, 1543, 1551, 1558, 1564, 1571, 1578. CD70:62 ��C i�� A r S t J M M r r �� P O J V n r L Z r\ f 1 ��. Ja Article #173 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Building Planning and Ph. (561) 276 -5116 Zoning Department Fax (561) 737 -11188 CODE ENFORCEMENT SPECIAL MAGISTRATE TOWN OF GULF STREAM, FLORIDA CASE NO: CE 2 -13 5 -14 -13 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL MAGISTRATE of the Town. 1. Location/Address where violation(s) exist(s): 23 Hidden Harbour Drive 2. Legal Description: Lot 5 Hidden Harbour Estates 3. Name and address of owner /person in charge where violation(s) exist(s): Martin E. O'Boyle, 23 S Hidden Harbour Drive Gulf ram Flnrirta T1481 Sign painted on S side of dwelling 4. Violation of Town Code Section(s) and description(s): & multi- colored stripes painted on N s Sec. 66 -446 prohibits any sign not listed as being permitted. This sign not listed. Sec. 70- 106(b)(3) lists approved colors for Spanish Mediterranean structures 4 colors Mat are use are nor on truls approvezI list. Sec. - e, prove es rrot changes in exterior wall colors require a Level 1 Architectural /Site Plan Review, which is a st gf .:ew and perarit N a a ne ppr-mi_# d r-eview was r these changes. (SEE ATTACHED "EXHIBITS OF VIOLATION ") 5. Date of First Inspection: April 30. 2013 Faxed notice on 5 -1 -13. Refused to accept hand delivered notice 5 -1 -13 6. Date owner fast notified of violation(s): Accepted notice at Town Hall on 5 -8 -13 Was given 48 hours which was May 3, 2013 7. Date on/by, which violations are to be corrected: in the notice he refused but was sent via fax. * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * ** * ** * * * * * * * * * ** Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561- 276 -5116 to verify COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HERBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf Stream Code Enforcement Special Magistrate on 6 -4 -13 at 2 P.M. or as soon thereafter as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf Stream, Florida. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Magistrate may base his /her findings solely upon presentation by the Town Code Inspector William H. Thrasher, Town Manager Town of Gulf Stream Tow— 01� f 9I15-9LZ(199) £8b££ 'Id ` =ailS3ln0 psog nos 001 utuailS3tnO ;o umoy 3I.Ift iIM /JJJO -1, `SOIAE,l, "I El. d :Ag A'IDMCrI000V dIHS2 OA N2IHAOJ HSVHlcl '(S0i0'98Z Sd) passq aq of st Isadds gotgm uodn aouaptna pus Auoutpsal sopniout paooai gotgm uodn `opuui st sgutpaaooid oql 3o pmoa.t uitlegtaA s lugl amsua of paau Asut Aagl `asodmd-gons io3 pus `sSutpaaootd ogl3o pi000i u paau Ipm Aaql `8uilaaut loafgns lu paiaptsuoo sialluut ,Sus of loodsa.t gltM alsJQSTSuW IutoadS agl Aq apuut uotstoap Aus Imadds of soptoop uos.tad s 3I 'HSVO NROA UR IISNOOg2I Ol H.LV dJ SIDVJN Tv IOHdS HH,L 'dog IRN Hg LSfIW ,LSg OHO HOPIS 2IOd SJ NHWMfli)3W TIV •S LSgnbn HOPIS ANV Nod WVgUJ S J-IfI9 d0 NMOI FIH.L 01 QH.L.LIWEnS HE JSfIW Hgd FILV UcIONddV HH.L QNV NOIIVOI'IddV us `HNId M NOI.LOfIQHU u lsonbat of gstm noA pus aoumidmoo ut Mon st pus oug ui sum osuo inoA 3t .to uosmai ,Cum .to3 assn moA NHC[[SNOOgU olunstsuN pgoodS oql ansq of gstm noA 3I 'pa.taluo st .tapi0 s,alsustS9W IutoadS oql .tags SAVQ 0£ uttil!m kJMOO HOVHg W-IVCI d0 jUnOO •LIfIO2IIO otp of Imaddu Awn noA `alsnstSvW lstoodS otp jo uotstoap u gltm ooBlastp noA 3I 'NMO•L HH.L Ag NOI.LOV NOI.LOH1I'I00 QNV awfIS0'IOH2IOd NI .L'IfISHw NVO SHNIA HORS AVd Ol MM'IIVd 'flOA Ag QHNMO kJWRJOWcl 'IVNOS2IHd NO 'IVaU ANV NO NHII V aJf1.LILSNOO'I'IVHS SgAIId HOPIS 'H.LVdiSIDVIAI'IVIOgdS 9HL Ag QHSOJM Hg 'I'IIM SHNId `alsnst$uW IutoadS agl aaojoq osuo moA 2utlnoosold ui in;ss000ns st umol otp 3I •aouutldutoo -uou ui Sututsutat uotluiOIA gauo iO3 AVQ Ngd 00.OSZ$ O'L CM d0 gmd V gSOCT II uua aqs /oq `utaiagl quo; Jos pouad acn.1 oql utgltm zapio Bons tlltm Aldutoo of Its3 noA 3t pus opoO oql gltM HONVI IdWOO gyyi(IgWM .tap.to AM aqs /ag `uotlsiotA s palltunuoo anuq no,( lmgl sputl oluilsiguK IutoadS aql 3I •NOLLV'IOIA NI HE Ol SHFMINOO flOA Ag QHNMO (INV NIHNHH QHOINDSHQ A,LNRcIO id 'IV9N 30 'IgD'UVd gHI LVHL H.LVNLSIJVIAI 'IVIOHdS LN9W3DNOJNFI 9000 HH.L AEI QgWnSgHd HS TIIM •LI `WV9NlS JIM 30 NMO.L 9HI AALLON O,L'IIVd flOA dI TJNRIVHH FIIVdISIDVW'IVIOgdS HHL Ol NOINd QHLDMMOO N399 HAVH (S)NOI,LV'IOIA HH.L dI NHAg g,LVII.LSIDVW 'IVIOgdS HILL Ol (19JNgSJUd gg AVM FISVO HH.L `(S)IMDHW NHHI QNV (19109UH00 UHV /SI (S)NOI,LV'IOIA HH,L dI UO `NOI.LMHUOO NOd GaIdIOHdS 9MI 9HL NI QH.LOHXUOO ION allV /SI (S)NOILV'IOIA HHZ dI 'NOI.LOHdSN RN V DMI.LSanog'a aNv flOA .LVH,L CINV SHQOO NMO.L d0 NOIJ VIOIA NI 2IH0N0'I ON SI HOIJ ON SIH,L NI QHfiRIOSHQ QNV flOA AEI M QHNO AINFId011d 'IVaH AO 'IgO'IVd alu, JVHL '— t7GZ 9NOdgS NO NO 9I 19-9LZ ( I9S) J V WVaU LS ATIO A0 "Ol gH L AALLON J Sf W flOA I own of TOWN OF GULF STREAM P e«N JAIN 15 1013 s, Tc%yn of G t i APPLICATION FOR DEVELOPMENT APPROVAL This form is to be used for all development review applications to be heard by the Town of Gulf Stream .Architectural Review and Planning Board, Board of Adjustment, andlor Town Commission. To complete the form properly, please review the accompanying Town of G61f Stream Inst cffon Manual forApplicaflon !or Development Review Form. Failure to cbmplete this form Properly will delay Its consideration. To be completed by all applicants. A. Project Information I.A.1. PART II. GENERAL INFORMATION ARPB File ff LA-2. ProJectAddress:2 ( pp "bg.l 11 ?FAIVI I.A.3. Project Property Legal Descdpllan: f 0T S t 4+IDDW e-tAi I.A.4. I.A.5. 1.A6. 1.A.7. ripDlrlo�l � �N� f�}TU1� �' o "� f � wlrN NEw�nlrnv �mA? +sll� rraurc Square Footage at Now Structure or Addition: Ea A-f=T. - IM11MUTI04., Architectural Style: —qAt4r0 ( MFblR41NXW WIVA L Check all that apply:�ArchileclurollSile plan Review O Land Cleadng D North r.rd Overlay (complete sect n B) X Demolition of Structures 0 Non -residential u (complete secli4n GJ ZSpeclal Exception ( commplete section E) (a) Proposed F.F.E.: NQ CflhN&ti 41 qg Type of Foundation: &KNb �WTt lJ B. Owner Information I.B.I. Owner Address:_ _ MA KTI N b' fJ & I.B.2. Owner Phone Number c�I-JO -ns Fax:g5 -U -DWI I.B.3. Owner Sinnahva• C. Agent Information 61 RM �, � �P r I.C.I. Agent Name and Firm Name; WIUTAYY� I�IN6 61KOP(V6 I.C.2. Agent Address: I.C.3. Agent Phone Number: 1.C.4. Pre -App Dale: App Date: Cam Dale: Decision: ARPB Dale: _ Recommendation: TC Date: Application for Development Approval Form ADA.2000 revised 6113100 MD1 Page 2 Town of Gulf Stream PART III. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by all applicants after pre - application conference with Town Staff. please 6e concise but question Oft lclr additional sheets only when necessary and be sure to include the appropriate and complete question numberforeach response. A, Project Description and Justification III.A.1. In what zoning district is the project site located? LORfirl il S�U� III.A.2. Is the project compatible with the intent of the zoning district? 114yes 0 No III.A.3. Comprehensive Plan? 0 Yes ❑ No Map and goals, objectives and policies of the III.A.4. How are Ingress and egress to the property to be provided? NU C III.A.S. How are the following utilities to be provided to the property? a. Stormwater Drainage {p ('.Fff�Nt1F b. Sanitary Sewer c. Potable Water NU f4lAA1LrG d. Irrigation Water D -- - - -- e, Eleclricily D A f. Telephone D N N g. Gas No C:3 h. Cable relavicinn "I .. .... _ III.A.6. If the project involves the erection of one or more structures, please describe how the structures are consistent with the criteria In section 66 -144 of the Town of Gulf Stream Code, (Attach additional sheet if necessary.) VA PART IV. ADDITIONAL INFORMATION N Section A is to be completed by all applicants after pre - application conference with Town staff. Answering "Yes "to any question in Section A requires the completion of additional Sections as indicated. A. Additional ApprovalslRequiremeuts IV.A.1. Does the projec volve land area within fifty feet (50') of the A1A (North Ocean Boulevard) dghl -of- way7 0 Yes lNo (If "Yes ", section B of [his pad must be completed.) IV.A.2. Does the project involve the demolition of one or more structures? Yes 0 No (If "Yes ", section C of this part must be completed.) IV.A.3. Does the project involve the clearing or filling of any portion of an ext vacant lot or more than fifty percent (50 %) of the landscaped area of a developed lot? 0 Yes N0 (If "Yes ", section D of [his part must be completed.) IVA.S. D s the project require approval of a Special Exception? KYes 0 No (If "Yes ", section E of this part must be completed.) IV,A.6.`Isf he project at variance with any regulations contained in the Zoning Code? XYes 0 No (If "Yes ", section G of this part must be completed.) Applicalton for Development Approval Form ADA.32000 Page 3 u B. Projects Requiring North Ocean Boulevard Overlay Permit 't IV-B-1. What significant landscape features or architectural features are to be disturbed or added and to what extent? IV.B.2. Describe the need and justification for the disturbanceladdilion: IV.B.3. Will the dislurbanceladdition destroy or seriously impair visual relationships among buildings, landscape features and open space, or introduce incompatible landscape features or plant material that destroys or impairs significant views or vistas within the North Ocean Boulevard Overlay District? Yes No Explain: IV.13.4. How is the design consistent with the A1A Landscape Enhancement Project? IV-8-5. What miligallon Is proposed so that the disturbanceladditlon has the least impact posslble to the visual and aesthetic quality of the North Ocean Boulevard Overlay District:. 'C. Projects Requiring a Demolition Permit' IV.C.1. When are the existing structures to be demolished? MEN PERMIT 15 Q Tfl INED IV.C.2. When are the proposed structures to be constructed ?WO PERMIT j5 D &TRINE'U IV.C.3. What is the landmark status of the structures to be demolished? MNE D. Projects Requiring a Land Clearing Permit 1V.D.1. Describe those vegetative materials of 0 inches in diameter and greater to be North Ocean Boulevard Overlay IV.D,2. Describe the need and justification for the removallrelocallon: IV.D.3. 'How is the removal from the project site of vegetation in be mitigaled: IV.D.4. How are the remaining and relocated vegetative materials to be protected and preserved during the land clearing and constriction activities and thereafter? IV.D.5. What replacement materials are proposed? Application for Development Approval, Form ADA.32000 Page 4 February 2002 E. Projects RequiringaSpecla ,Exception. W.E.J. Is the proposed use a permitted special exception use? Yes p No Code Section: IV-E.2. Haw is the use D Welfare, and designed, located and proposed to be operated so that (Ile b morals v411 be protected? dN Public health, safety, IV,E.3, tMll the use cause substantial in u be located? ❑Yes 7 XNo ry f0 the value of other property in the neighborhood where it Is to Explain. OWA3'rr� IV•EA. How will the use be com is to be located? d? �r Patible with "Joining development and the character of the District where II 16N OF NV ;Ml m r-ld. i _ IV-E,5. What landscaping and screening are provided? NT N6w LqN AP UCH - ND plNCO,. IV.E.6. Does the use ce orm with all applicable reghlalions governing the, District wherein It is to foaled? ❑Yes (No be Explain. -069A L)_ L1,l:iAtj -r �r 2��o ZS- 13�1'r �. :__To AVDI IV �wK�IT/ON. -TFfF EHVE and cry C'D/JKIICtIIvh Wl iH EC157 ANr Rf F. Non - Residential Projects and Residential Projects of Greater than 2 U 't W.F.I. If common area facilities are to be provided, describe them and how they are to be maintained. —, l V11.1 IV.17.2. If recreation facilities are to be provided, describe them and their potential Impacts on surrounding properties. IV.F.3. For each of the following, list the number provided and them dimensions, Loading Spaces: Standard Parking Spaces: Small Car Parking Spaces: Handicapped Parking Spaces: Driveways /Aisles: Application for Development Approval Form ADA.32000 Page 5 . , .:. ; - 'cant SIKCIAG - ET&CK. E• Projects Requiring a Special Exception. IV.E.1. Is tho proposed use a Permitted special exception use? �ye5 ❑ No Code Section: IV,C,2, How is the use walfare, and morals w II he protected? ( d proposed to be operated so that the public health, safely, NONE Aar IV.E.3. Will the use cause substantial be "'Jury to the value of other groped in the be located? ❑ yes )(No Property neighborhood where it Is to Explain. IT IAIII 1 AI I..., _ _••r.n N(�t, 7 N - wit -u�IV IV,E,4 How WITH N IE,H Is to be Iocflathe use be compatible with adjoining Bevel ��D _ development and the character of the Dls(dct whore it IHIS tAnt I , _. . IV-E-5- What landscaping and screening are provided? r -vnA j ND (�I TD G�1rrD- I E1 15 �pp05t✓n 1-vlc�r:.1� .... _ MEA Does the use confo located? ❑ yes wdh all applicable regulations governing (he District wherein It is to be �tJo Explain. I (AL ' rD4 1 IAAIIICO F. Non-Residential projects and Residential Protects of Greater than 2 Units t a l It IV,F.1. If common area facilities are to be provided, describe them and how they are to be Maintained. IV,F.2. If recreation facilities are to be provided, describe them and their potential impacts on surrounding Properties, IV.F.3. For each of the following, list the number provided and their dimensions Loading Spaces: Standard parking Spaces: Small Car parking Spaces: Handicapped parking Spaces: DrivewayslAlsles; Application for Development Approval Form ADA.32000 Page 5 ' Tbwn'of Gulf Stream _ VRKIAN6 G. Projects Requiring a Variance (code Section 66 -150 through 157) IV.G.1. From what specific Zoning Code regulation is a variance requested? _JQ- 14 SETBKI& IV.G.2. What does the Zoning Code require for this specific site? !&NT 4Zi13ACK, - W% F&M "Er=F 70TI Ell LDT LINE TI-!E "FIFFEECTIVE" WT ONE IV.G.3. What Is proposed? SEE REV I; SSf 51 DE OF Tk 15 PKIEfE y IV.G.4. What is the total variance requested? VWE V ENC9, ft M NT WIT(-I 2r IV.G.5. The following 8 mandatory variance findings from Section 66 -154, mu tINICaddressed: �" ach additional sheet if necessary.) (1) What specific conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district? THE ME M-5 CN-AN61M AND A NON NNEORMIN VAS — (2) Did the special conditions and circumstances result from the actions of the applicant? Yes No (3) Will granting the variance confer upon the applicant any special privilege that is deyed by the Zoning Code to other lands, buildings, or structures In the same zoning district? Yes No Explain: WHEN f5ETWK LAWACKE NP6 8RAKfD AU, �DUS> 5 51wlI�w�2Ly PeATED WOULD 6F RM ODNFDOIN . (4) How would a literal interpretation of the provisions of the Zoning Ordinance deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the same terms of the Ordinance and work unnecessary and undue hardship on the applicant? TOE M51(4 S TWK 6 AD.I MT UNDER THE )LD CD BUT NSW ftVI'51 DN PAMR05 eall WK AS 110' f EVEN TKOLM NOTHIN(i NA5 PH" A 01 r^NAN6M. (5) Is the Variance request a minimum variance (hat makes possible the reasonable use of the land, building c No Explain: UNDER OLD 60DE5 Ef —EIVE LOT UNE ITNIS fff ft)9C WOULD CONFDR►Yt 4 5EEM5 MOMR, WREN TWee 15 ffgpy. aD fi� PW FAVEWIENT. (6) Will granting the variance permit any prohibited use to be established or re- established: Yes (7) Is the requested variance consistent wit goals, policies, and objectives of the future Land Use Map of the adopted Comprehensive Plan? Ya No (8) Will the variance be in harmony with the general intent and purpose of the Zoning O�dltilince and not be Injurious to the area Involved or otherwise detrimental to the public welfare? e f No Explain: IT WILL ENHANCE AffEARAN& AND �E brAPPTIM WITH -Me NEORWHooD Application for Development Approval, Form ADA32000 Page 6 February 2002 ' ' Tbwn'of Gulf Stream VARIANCE - 2NP F11nK G. Projects Requiring a Variance (code Section 66 -150 through 157) IV.G.1. From what specific Zoning Code regulation is a variance requested? ID " 100 — IF EA 'E 15 2.4 �" ble WWf to' f It W000 PHY51CAUJ IV.G.2. What does the Zoning Code require for this specific site? THE PROPoSEb fwmNCE fATURk 15 N fllIS„Tflt 50' HE16HT ALLMAN& 6Ur THf- EiVE WOMM I eMit)M - ►3 /4'rTa GDMP -Y. i IV.G.3. What Is proposed? ttAVE 4 -fl6RT " 1�q '- ruG."H bVpM l kElhq( IS OK. IV.G.4. What is the total variance requested? t V "513 rr IV.G.5. The following 6 mandatory variance findings from Section 66.154, must oe addreslod:- -fAllach additional sheet if necessary.) (1) What specific conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district? DlS(IN=t UILD+ ROOF UNE &ALT UNDER PR MM5 CODtr (2) Did the special conditions and circumstances result from the actions of the applicant? Yes 10 (3) Will granting the variance confer upon the applicant any special privilege that is de kKle by the Zoning Code to other lands, buildings, or structures In the same zoning district? Yes -0 Explain: THE HEAPT i f ACI tZATIUN OF TH15 HDM� 15 UNIQUE. (4) How would a literal interpretation of the provisions of the Zoning Ordinance deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the same terms of [lie Ordinance and work unnecessary and undue hardship on the applicant? TH15 HMF DE5I61N IS UNIRUE,60 IT CANTS ACSTKTICAU,`I ENHANCED WITNDVI f CREATIN(a PDTENI IAL LEA 06f AND RURTlN6 THE AMAW 1LE OF THE I•loUnF,. (5) Is the Variance requ a minimum variance [hat makes possible the reasonable use of the land, building or structure Ye No Explain: MINIYV M VARIAW lb IESHANCF, TBE APPEt O (6) Will granting the variance permit any prohibited use to be established or re- established: Yes & (7) Is the requested variance consistent wit oals, policies, and objectives of the future Land Use Map of the adopted Comprehensive Plan? Ye No (0) Will the variance be in harmony with the general intent and purpose of the Zoning�nce and not be Injurious to the area Involved or otherwise detrimental to the public welfare? Yes No Explain:_ It ENHANCES THE APGE99AISI AND IMC15A565 TH15 ANb H A91% PPDPE�Rty Application for Development Approval, Form ADA.32000 Page 6 February 2002 THERE 15 AN EXISTIN6 ATMUM THAI- EXTEI\ID5 V FMM ITf4 DNT DFTHr HDUSEITHAt WILL 9E "RWWEb AN VEPI,ACED by AN bkMN c5 -tI5IvtF4W TOT EXTt;Nf 6 ONLY 2' FkM TW Fr1DN1 FAcr - T+��+ou . . - I DWI] of Liulf Stream H. Projects Requiring Rezoning IV.H.t. What Is the Future Land Use designation of the project site? IV,H,2. If the project involves a rezoning, Zoning Code text change, Comprehensive plan est. change, Or any combination thereof, justlficallon for the request. Future Land Use Map change, Please describe the need and PART V. OPTIONAL INFORMATION This entire pert Is optional for all appllcarrfs. Applicants are encouraged, but not required, to provide any additional relevant Information regarding the project that was nbt covered elsewhere re this door or on a any the ofhermalerlals submitted with the appycafton. Application for Development Approval Form ADA.2000 revised 010100 Page 7 Condensed Transcript In the Matter Of: O'BOYLE vs. TOWN OF GULF STREAM 502013CA00675OXXXXMB AO WILLIAM H. THRASHER, CGFO June 19, 2013 Vol. II SCANNED 1DESQUIRE 800.211. DEPO (3376) EsquireSolutions.com S O L U T I O N S N WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM June 19, 2013 123 -126 WILLIAM H. THRASHER, CGFO Page 123 Page 125 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT 1 INDEX OF EXAMINATION IN AND FOR PALM BEACH COUNTY, FLORIDA 2 WITNESS: 3 WILLIAM H. THRASHER, CGFO Case No. 502013CAD067SOXXXXMB AO Page 9:40 a.m. -11:50 a.m. 4 4 5 CONTINUED DIRECT EXAMINATION MARTIN E. O'BOYLE, 5 By Mr. O'Boyle 5126 Plaintiff, 6 Gulf Stream, FL 33483 7 vs. 23 6 TOWN OF GULF STREAM, 9 Defendant. 10 7 INDEX TO EXHIBITS X (NO EXHIBITS MARKED) e 12 VOLUME II Pages 123 -199 13 CONTINUED DEPOSITION OF 14 WILLIAM H. THRASHER, CGFO 15 Page 124 16 TAKEN ON BEHALFOFTHE PLAINTIFF 17 June 19, 2013 19 9:40 a.m. -11:50 a.m. 19 4 5 20 100 Sea Road 4 CONTINUED DIRECT EXAMINATION 21 Gulf Stream, FL 33483 P2 Jennifer DlLorenzo, court reporter 23 24 25 1 APPEARANCES OF COUNSEL Page 124 Page 126 1 Continued deposition of WILLIAM H. THRASHER, CGFO 2 2 June 19, 2013 3 On behalf of the Plaintiff: 3 4 5 COMMERCE GROUP BY: MARTIN E. O'BOYLE�� ppro Be and MARRETT W. HANNA, ATTORNLY limited 4 CONTINUED DIRECT EXAMINATION -AT -LAW, 5 BY MR. O'BOYLE: 6 e eemnce 60 West Newport Center Drive 6 Q. Good morning, Mr. Thrasher. Deerfield Beach, FL 33442 7 954.570 -3505 moboyle ®commerce- group.com 7 A. Good morning. e mhanna ®commerce- gmup.com 8 Q. Today is Wednesday, the 19th of June, and this 9 On behalf of the Defendant: 9 is a continuation of your deposition from this past 10 11 JONES FOSTER JOHNSTON & STUBBS, P.A. BY: JbHN C. RANDOLPH, ESQ. 10 Monday. 11 Where I would like to start is I think the 505 S. Flagler Drive 12 suite 11 W West Palm Beach, FL 33401 12 record, perhaps caused by me, became somewhat 13 561 - 659 -3000 irandolphOlones4oster.com 13 discombobulated when trying to determine the exhibits 14 14 which you produced and the exhibits which Mr. Minor 15 ALSO PRESENT: 15 produced, so what I would like to do is rather than me 16 Ryan Witmer. 16 get involved and perhaps confuse things more is for you 17 17 to tell me what exhibits that Mr. Minor produced that you 1s 18 didn't and what exhibits that you produced that Mr. Minor 19 19 didn't. 20 20 A. Okay. 21 21 Q. So go ahead. 22 22 A. Do you want me to show you or — 23 23 Q. Sure, you can show them to me. Yeah. 24 24 MR. RUDOLPH: Can we go off the record for 25 25 a second; can we? OESQUIRE 800.211. DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013 O'BOYLE vs. TOWN OF GULF STREAM 127 -130 Page 127 Page 1 MR. O'BOYLE: Yeah. 1 BY MR. O'BOYLE: 2 MR. RUDOLPH: Just to ask procedurally. 2 Q. May I see it? 3 (Discussion off the record.) 3 A. Yes. 4 MR. RUDOLPH: Let's go back on the record. 4 Q. The document that is in the Thrasher and not 5 THE WITNESS: Do I open these up? 5 in the Minor pile has been identified as Plaintiff 6 MR. RUDOLPH: You do what you need to to 6 Exhibit 3; is that correct? 7 respond to his question. 7 A. Yes. 8 A. Okay. I feel somewhat comfortable these 8 Q. Okay. And this document is called, "Part 1. 9 are the documents, some I can't be for sure, I'm not 9 Application Requirements," and there's 24 typewritten or, 10 sure, but the ones I -- 10 I'm sorry, 24 rows of which 23 of them have a 11 Q. Excuse me one second, Mr. Thrasher. There was 11 description, the 24th is left blank under the heading 12 a exhibit that was missing and I actually had it and 1 12 "Application Material," and at the tap under "Review and 13 thought I gave it to Ms. Hanna and it's still missing; is 13 Approval Processes" there are 16 of which 15 have what 14 that now part of that package? We still don't have it. 14 I'm going to call "headings" or "titles," and the 16th 15 MR. RUDOLPH: Off the record. 15 just says, "Other." 16 (Discussion off the record.) 16 At the top there's writing next to where it 17 BY MR. O'BOYLE: 17 says, "Town of Gulf Stream, Mark Timothy," and underneath 18 Q. Mr. Thrasher, I'm going to give this to you, 18 that, "3211 NOB, LLC," and then, "address 3211 NOB," and 19 that's a Minor deposition exhibit, 8K, that we somehow 19 a received stamp of February 141h; does that look correct 20 had misplaced and Mr. Randolph was kind enough to give us 20 to you? 21 a copy out of his deposition. 21 A. Yeah. 22 A. Okay. Question? 22 Q. Okay. 23 Q. Yes. I'm sorry, I thought I asked the 23 A. Yes. 24 question at the outset. Are there any -- 24 Q. Is this part of an application? 25 A. Oh, yeah. 25 A. It is -- I'd say, yes. Page 128 Pagel 1 Q. You should have two piles of exhibits in front 1 Q. Okay. And the writing on there, whose writing 2 of you, one from the Minor deposition and one from the 2 would that be? 3 Thrasher deposition of Monday; would that be correct? 3 A. Some of it is mine and I believe Rita's. 4 A. Yeah. 4 That may be Rita's writing that says, "Mark Timothy, 5 Q. Okay. Are there any in the minor pile that 5 3211 NOB, LLC," all the rest is mine. 6 are not in the Thrasher pile? 6 Q. Okay. And -- 7 A. No. No. 7 A. I'm sorry, no, that's incorrect. The 8 Q. No? So I assume then -- 8 dates that you see on the column of it actually says, 9 A. Oh, wait. Ask me that again. Are there 9 "received," that is also I believe Rita's writing, 10 any in the Minor that's not in the Thrasher? No. 10 that is not my writing. 11 Q. Okay. And are there any in the Thrasher pile 11 Q. Okay. And where did that document come from? 12 that are not in the Minor pile? 12 A. Pre -app; pre - application meeting. 13 A. Yes. Oh, wait. 13 Q. Okay. Before the pre - application meeting 14 Q. Okay. 14 where did it come from? 15 A. Ask me that again. 15 A. The blank form you mean? 16 Q. Are there any exhibits or any documents in the 16 Q. No. Between the blank form and pre -app 17 Thrasher pile that are not in the Minor pile? 17 meeting I think - I say, "I think," I don't know - but 18 A. Yes. 18 there had to be some occurrences. It was submitted to 19 Q. Okay. I apologize for the confusion. 19 Fred who then reviewed it who submitted it to Ted who 20 A. This is one. 20 then collected a fee from Ned and so that's what I'm -- 21 Q. Would you be kind enough to share it? 21 The sequence; what happened? 22 MR. RANDOLPH: Excuse me, where's SK? Do 22 A. The applicant came into apply for 23 you want to staple it? Before we get lost, do 24 you want to staple it? 23 approval on a project. 24 Q. Okay. And when he came in, did he have the 25 MR. O'BOYLE: Sure. 25 application filled out? QESQUIRE 800.211.DEPO (3376) a L " T I " " s F.aniiira.Snhitinnc rnm C WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013 O'BOYLE vs. TOWN OF GULF STREAM 131 -134 1 A. No, no, it was not filled out. Page 131 1 instructions, Level 3 is a different packet. Page 133 2 Q. Okay. So he started with coming in and 2 Q. Okay. So you have then three different 3 getting a blank application? 3 packets for three different levels. 4 A. He came in to discuss an application and 4 A. Correct. 5 we provided this document to him after that of the 5 Q. Okay. May I have that back? 6 things that he would need to proceed. 6 A. (The witness complied.) 7 Q. Okay. So the applicant came in. And that 7 Q. The top part where it says, "Part 1," it has 8 applicant, would that have been Mr. Pulte himself? 8 X's, and it looks like numbers 1, 2, 5, 10, and 14; does 9 A. I believe Mr. Pulte and his architect came 9 that look right to you? 10 in. He might have -- He might have also had his 10 A. One, 2, 5, 10, 14. 11 landscape architect, I cannot be for sure. 11 Q. Yes? 12 Q. Okay. So if I said -- 12 A. Yes. 13 A. I'm for sure the architect and the owner 13 Q. Okay. Could you show me No. 1? 14 were here. 14 A. May I see it again? Could I show you No. 15 Q. Okay. So they came in and then he gave them 15 1, which is a North Ocean Overlay Permit? That would 16 the application? 16 be a -- Normally it would, I believe, only be a Level 17 A. I gave them this document -- 17 2, but I don't have it here. I don't have it here, 18 Q. Okay. 18 no. 19 A. -- completed, circled, letting him know 19 Q. Is there one? 20 what we need. 20 A. Yes. 21 Q. Now, my recollection is, and I may be wrong, 21 Q. Okay. 22 that the application was a packet -- 22 A. I'm just not clear right now whether it's 23 A. Correct. 23 a Level 2 or Level 3. 24 Q. -- of multiple pages. 24 Q. Okay, but unless I'm -- I don't understand, so 25 A. Yes. 25 please excuse me if I say something that doesn't sound Pa ye 132 1 Q. When you gave him and his architects or he Page 134 1 right, but whether it's a Level 2 or a Level 3, if there 2 folks he was with, just generally stated, did you give 2 is one, it doesn't know whether it's a Level 2 or a Level 3 him more than that or just that? 3 3, it either exists or it doesn't exist. 4 A. Just this. 4 A. It's a packet that we would give them 5 Q. Okay. Did you ever give him the balance of 5 which has a composite of things required to obtain a 6 the package? 6 North Ocean Overlay Permit. 7 A. Oh, yes, we gave him a -- Absolutely. We 7 Q. 1 see, but has the permit been issued? 8 gave him a Level 3 application blank form packet. 8 A. This approval for the entire application 9 Q. And when did you do that? 9 has been issued, which includes all of these items 10 A. Same time as we gave him this. 10 listed, 1, 2, 5, 10, and 14. 11 Q. Okay. So concomitant with Exhibit B you gave 11 Q. Right, but has the permit been issued? 12 him a Level 3 application form? 12 A. I don't know. I believe it has, yes. 13 MR. RANDOLPH: Is that Exhibit 3, Marry? 13 Q. Okay. 14 MR. O'BOYLE: I said, "Exhibit 3." I'm 14 A. Yes. 15 sorry. Yes, Exhibit 3, I'm sorry. 15 Q. And is it in either your or Mr. Minor's - the 16 A. Yes. 16 two piles of exhibits that we started the day with? 17 Q. Okay. And my recollection, which again could 17 A. No. 18 be wrong, are there different applications for 1, for 2, 18 Q. Why would it not be there? 19 for 3, or are they one size fits all and you only fill 19 A. I think that the date of this application 20 out a certain section? 20 is after the public records request. It is an item 21 A. There are three different levels, each 21 which is handled through an individual in our office 22 have different forms. 22 that I review and make sure that the items that 23 Q. Okay. 23 individuals applying for a permit have been provided 24 A. In one case, Level 1 is just a single 24 and that they meet the - and are the same that which 25 sheet of paper, Level 2 has a packet with 25 is requested by the applicant. 4)ESQUIRE 800.211.DEP0 (3376) " 0 L" T 1 0 " S F_.SnuiraSnhitinnsrnm WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013 O'BOYLE vs. TOWN OF GULF STREAM 135g -138 Page 135 waits 1 Q. Okay. And is there a date on that? 1 the FAA and they say, "Okay," you might have to 2 A. No. It was received February 14, 2013. 2 18 months for a response. The Commission, do they 3 Q. Okay. 3 respond that afternoon, the next morning? You strike 4 A. I don't know the date. 4 me -- 5 Q. And the request was made April 15th, so it was 5 A. The Commission -- 6 before the request. 6 Q. -- as very, very prompt. 7 A. What, this? 7 A. -- doesn't do anything to respond. The 8 Q. Yes. 8 approval given, if given, is at a commission level or 9 A. This document, yes. 9 at a public hearing and their engagement after that 10 Q. Okay. 10 is over. 11 A. I don't know about the permit itself. 11 Q. Okay. I'm reading here where it says 12 Q. I see. I see. So what you're saying is the 12 Commissioner Daring moved and Commissioner Stanley 13 application was February 14th, the request was 13 seconded to approve the Level 3 - I'm just going to 14 April 151h, the date of the permit is unknown. 14 abbreviate. This is from the minutes of April 12, 2013, 15 A. Yes. 15 and this is on Page 4. 16 Q. Okay. 16 A. Okay. 17 A. I mean, I assume April 15th is the correct 17 Q. They seconded to approve the Level 3 18 date. A permit would not be issued until after 18 Architectural /Site Plan Review to permit the construction 19 approval was provided through the Town Commission, 19 of a home with a swimming pool and a roof pursuant to the 20 whenever that was. 20 type of manufacturer displayed here, all voted aye. Does 21 Q. Okay. 21 that constitute the Site Plan Review Level 3 or is there 22 A. Seems like it was in May the final 22 something that eight years from now Mr. Pulte could pull 23 approval was given on that. 23 out of his file and say, "Yeah, I received it. Here it 24 Q. Okay. And would the same be true for the Land 24 is right here "? 25 Clearing Permit? 25 A. I'm sorry, I don't understand the Page 136 Page 1� 1 A. That's a request that the applicant is -- 1 question. 2 Yes, yes, same thing. 2 Q. Okay. My experience is that when there is an 3 Q. And the Demolition Permit? 3 approval from a government there's usually a resolution. 4 A. I am not certain of the date of the 4 1 don't see that here and I don't know why, but I'm not 5 Demolition Permit, but after final approval of the -- 5 going to go into why. But it would seem to me that the 6 Q. Okay. 6 applicant would want something for his file to show that 7 A. -- provided by the Commission. 7 he obtained the requisite approvals because the last 8 Q. And the Site Plan Review Level 3, what would 8 thing you want to do is build a 10,000- square foot house 9 be the date that the Site Plan Review Level 3 would have 9 and find out that you didn't have the approvals or you 10 been obtained, gotten? I'm not sure what the proper word 10 didn't have the approvals that you thought you had. 11 is. 11 A. Well, a letter is provided to them at the 12 A. The approval process would have been heard 12 conclusion of the meeting, the results of the 13 in a public hearing by the Commission and some time 13 approval process. They would not obtain a permit - 14 after that approval permit application could be 14 would not be able to obtain any of those permits 15 applied for by the applicant or owner. 15 requested without first being approved by the 16 Q. Okay. When the Town Commission approves a 16 appropriate Board -- 17 Demolition Permit, a Variance, Site Plan Review, Land 17 Q. Okay. 18 Clearing Permit, Overlay Permit, is it memorialized in 18 A. -- or Commission. 19 any place? 19 Q. And if the letter was approved or was issued 20 A. It would be in our minutes. There would 20 at the conclusion of the meeting, who drafted the letter 21 be a transmittal letter to the owner of record, the 21 or who would have drafted the letter? 22 hearing and results of hearing, that's what I can 22 A. Rita, town clerk. 23 think of at this moment. 23 Q. Okay. And how would she have known to dra 24 Q. And when the approval is made by the 24 It or would she draft multiple letters like, "Your 25 Commission -- As an example, if you make an inquiry to 25 request is denied," "Your request is approved," Your QESQUIRE 800.211.DEPO (3376) EsouireSolutions. com O N 0 WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM Page 139 1 request is conditionally approved "; how would she know 2 until after the vote? 3 A. She wouldn't know until after the vote. 4 Q. Okay. So when the vote was over, she would go 5 back to her office while everything is fresh in her mind 6 and type the approvals? 7 A. She would type the approvals at some point 8 in time, yes, after the approval. 9 Q. And some point in time? 10 A. Uh -huh, could be a day, could be a week, 11 could be three days. 12 Q. Okay. And is there any way to know when that 13 point in time is? 14 A. Yes, the letter's dated. 15 Q. Okay. Now, the letter that we're talking 16 about, was it produced by either you or Mr. Minor? 17 A. The letter of -notifying them the results 18 of the meeting? 19 Q. Of the Architectural /Site Plan Review 20 approval. 21 A. The town clerk would compose a letter 22 indicating what was approved and any listing of 23 conditions associated with that approval. Is that 24 what you're referring to, whether Marry Minor and 25 myself would draft such a letter? 1 Q. No. What I'm asking Is: The letter - 2 notwithstanding who drafted It -- 3 A. Okay. 4 Q. — should be here, should it not? 5 A. No. 6 Q. And why not? 7 A. Either one of — Neither Marty nor myself 8 created that document. 9 Q. Okay. Who would have signed the document? 10 A. Rita Taylor. 11 Q. The hierarchy here, for lack of a better 12 phrase, if I called you the boss, would that be the right 13 phrase? 14 A. No. 15 Q. Okay. Who's the boss? 16 A. Town Commission. 17 Q. Okay. 18 A. The City. 19 Q. Okay. The Town Commission, by the way, what 20 form of government is this? 21 A. Commission manager form of government. 22 Q. Okay. I don't know what that is, but that's 23 fine. 24 You are the town manager? 25 A. I am. 4) ESQUIRE June 19, 2013 139 -142 1 Q. Okay. What are your duties as the town 2 manager? 3 A. Duties and activities; is that your 4 question? 5 Q. No. I said, "duties," but we can add 6 "activities," that's fine. 7 A. Generally speaking, the day -to -day 8 operation of the City, the Town, all of the policies 9 set forth by the Commission. I am engaged in just 10 about everything that could take place, not always 11 engaged, but from dealing with outside bodies, 12 contract examination, storm drain examinations, 13 cleaning the bathrooms. 14 Q. You clean the bathrooms? 15 A. I have. 16 Q. Do you use Lestoil? 17 A. Pardon me? 18 Q. Do you use Lestoil? 19 A. I believe it is, yes. 20 Q. What do you do with the storm sewer? 21 A. Inspections; during hurricanes I can 22 remove debris so that they discharge, sometimes they 23 get blocked up. 24 Q. There's a Public Works Department here, is 25 there not, Mr. Thrasher? 1 A. We have a roads and street Individual, Page 142 2 maintenance. 3 Q. Okay. But as an example, if there were a 4 clogged manhole -- 5 A. Storm drain. 6 Q. --sewer pipe, would it fall under their 7 auspices, your auspices, or both; yours as their superior 8 commanding them? 9 A. I would ask them to do that in a hurricane 10 event. It's everybody doing what they can. 11 Q. And in a non - hurricane? 12 A. Primarily, I would request that of the - 13 of the maintenance personnel, but in a non - hurricane, 14 non -rain event the drains are always fairly clean. 15 Q. The policies set forth by the Commission — 16 A. Yes, they are. 17 Q. -- are they — I'm sorry if I interrupted you. 18 A. No, I thought you asked me a question, but 19 it must not have been a question. 20 Q. It was the first half of a question. 21 A. Okay. 22 Q. The policies invoked or set forth by the 23 Commission, are they memorialized any place? 24 A. In different places; the minutes, 25 sometimes we have specific written policies that we 800.211.DEP0 (3376) EsquireSo/utions. com WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013 O'BOYLE vs. TOWN OF GULF STREAM 143 -146 Page 143 Page 1 AS 1 have established, sometimes they are simply direction 1 A. Everything is done through a public 2 given to the manager from a consent, general 2 meeting. Some -- Some situations where there is a 3 consensus of the Commission, but we do have policies 3 written policy, it definitely would be part of the 4 that some policies that are written, and also if 4 minutes. 5 they're not written they could be in the minutes. 5 Q. What is the Commission's policy in connection 6 Q. I've read this file which I'm showing you, 6 with public records requests? 7 it's about, I don't know, 3 inches deep, and it has about 7 A. They would expect that the custodian of 8 18 months' worth of commission minutes. 8 the records fulfill the legal obligations. 9 A. Okay. 9 Q. And is that written someplace? 10 Q. 1 didn't see any directives. Now, it could be 10 A. No, I think it's Florida Statute, so not 11 1 missed it. Could you think of any directives or 11 everything related to the law is stated in a policy. 12 policies or anything that they've given you in the last 12 It is part of our oath to abide by the Florida 13 18 minutes (sic)? 13 Statutes, laws when we are employed or when we start 14 A. Eighteen minutes? 14 employment. 15 Q. Or 18 months. Did I say, "minutes "? 15 Q. How about the Florida Constitution? 16 A. I believe there have been, but I cannot 16 A. Same, same. 17 recall specifically what they are. I -- I don't 17 Q. So you've sworn to abide by the Florida 18 remember anything. 18 Constitution? 19 Q. You're the code enforcement officer, are you? 19 A. Yes. 20 A. That falls under my jurisdiction. 20 Q. Okay. Have there been any discussions 21 Presently we do have a code enforcement officer. 21 whatsoever -- I understand of late there's been somewhat 22 Q. Who would that be? 22 of a flurry of public records documents that people are 23 A. Officer David Ginsberg. 23 starting to have a desire to learn about the 24 Q. And I must tell you that's a name that I've 24 interworkings of the Town. Has there been any discussion 25 heard for the first time in the 30 -some years that I've 25 at all that you've heard from any of the commissioners i Page 144 Page 1 1 lived here. Who is David Ginsberg? 1 that connection? 2 A. He is a sworn officer, retired full time - 2 A. Yes. 3 from full time work and has been serving the Town 3 Q. Would you share those with me? 4 part-time as a code enforcement officer. 4 A. We communicate to our mayor, try to 5 Q. And when was he appointed? 5 communicate with her every public records request, 6 A. Maybe four to six years ago. 6 notifying her of that situation, and in that 7 Q. The Town Commission, you rattled off - and 7 notification there are general conversations, you 6 that's my word, not yours - how they relay things. 1 8 know, about the specific request, and very little 9 think you said minutes. 9 conversation, actually. 10 A. Memorialize I thought you asked me. 10 Q. Does the mayor ever express concern about the 11 Q. Yes. Yes. How are they -- Let me ask you a 11 number of requests? 12 different way then: How were they transmitted to you -- 12 A. She primarily expresses concern as it 13 A. I attend -- 13 relates to our budget that could, in essence, be 14 Q. -- their policies? 14 driven by all those public records requests, wanting 15 A. Written policies are presented in a policy 15 to know the position of our budget as it relates to 16 form for their approval, those written policies are 16 these - fulfilling of public records requests, that's 17 established and filed. 17 primarily it. 18 Q. And are the written policies established by 18 Q. Now, I've reviewed your budget and I don't 19 way of a resolution, an ordinance, a letter, or in the 19 recall - I think I've been to every meeting this year, 20 minutes, or any way? 20 but I'm not 100 percent sure, but I think I have - and 1 21 A. They are approved by a vote of the 21 don't remember one meeting where there was any amendment 22 Commission, not by resolution, but by a motion that's 22 or proposed amendment to the budget to handle any 23 made by one of the commissioners, seconded and 23 increased costs as a result of any records requests, do 24 approved, and then initiated. 24 you? 25 Q. So everything is done through the minutes? 25 A. Not specifically about public records ESQUIRE 800.211.DEP0 (3376) 5 0 L U T 1 0 " 5 EsauireSolutions.com WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013 O'BOYLE vs. TOWN OF GULF STREAM 147 -150 O Page 147 1 requests, no. Page 149 1 Q. Okay. So they had time to have the shock wear 2 Q. Okay. When you say, "not specifically about 2 off? 3 public records requests," I take that as a qualifying 3 A. You know, I don't know if they had shock. 4 answer. What do you mean without the qualification? 4 You know, I don't know -- 5 Take out the "not specifically." 5 Q. I understand. 6 A. Well, I take the public records requests 6 A. — Mr. O'Boyle. 7 is somehow associated with our legal - not -- 1 7 Q. I understand. 8 believe the public records requests is associated 8 A. But I do know we distribute documents 9 with our legal and professional expenses. 9 prior to a meeting so that they're not unaware of 10 Q. How could that be? 10 what the agenda will be dealing with. 11 A. In some instances it has required the 11 Q. I understand. 12 assistance of our attorney. This particular public 12 MR. RUDOLPH: Excuse me, may I take a 13 records request - obviously we have our attorney 13 restroom break or would that interrupt your 14 here. 14 train of thought? 15 Q. And a good looking fellow he is. 15 MR. O'BOYLE: If I can too. 16 A. So that associated cost. 16 (Short break.) 17 Q. Now, the mayor is concerned about the budget, 17 BY MR. O'BOYLE: 18 she's sensitive to it? 18 Q. Was it $40,000 or $50,000 the first —I know 19 A. I believe all commissioners are. 19 the second one was $100,000. Was the first one $40,000 20 Q. Okay. 20 or $50,000; do you recall, Mr. Thrasher? 21 A. That's why they ask for a budget report 21 A. I recall I think it to be $80,000. 22 every month. 22 Q. Now, the second one was $80,000 and $20,000 23 Q. The last commission meeting or the prior one - 23 for $100,000. 24 and I don't remember which one it was - there were two 24 A. Yes, and the other was I think a total of O 25 proposed, I'm going to say, ordinances, resolutions, 25 $80,000 - $60,000 and $20,000. Page 146 1 budget alterations, but something akin to that; one to Page 150 1 Q. Okay. I think you're Incorrect, but that's 2 increase the budget but for the legal by I think $40,000 2 fine. We can — 3 or $50,000 and one to increase by $100,000. 3 A. That's fine. 4 The one to increase by the $40,000 or $50,000 4 0. We can go with that. 5 1 think was to be taken out of a reserve fund and the one 5 Whose brainchild was that, meaning why not 6 for $100,000 there was no place to take it from; is that 6 $30,000 and $10,000 or $70,000 and $15,000 or $60,000 and 7 - am I correct, first of all, that -- I guest we'll start 7 $30,000? Why those two numbers? 8 off at the beginning. Was there a resolution or document 8 A. Those were just my estimates as to what I 9 akin to that where the commissioners voted on an increase 9 am hoping the total budget will endure as of 10 in legal expenses and professional of either, "We're 10 9/30/2013. They may -- What was finally approved may 11 going to increase either $40,000 or $50,0000 or, option 11 turn out to be accurate or it may turn out to be 12 B, $100,000'; is that correct? 12 Inaccurate. It's my -- It was my recommendation and 13 A. Yes. 13 concept to provide two different resolutions, 14 Q. Okay. Did that come as a shock to them? 14 different levels of expenditures for their 15 A. I think -- I -- I don't know. You would 15 consideration. 16 have to ask them. I — I don't know. It would be a 16 Q. Much to my surprise, I read a day or two later 17 shock — It was a shock to me. 17 in the Coastal -- Coastal Star? 18 0. Unless somebody told you about it in advance, 18 A. I believe it is. 19 of course. 19 Q. Yes-- that Gulf Stream passed $100,000 in 20 A. I -- I say -- Well, they — Prior to the 20 additional funding to get ready for a war or to finance a 21 actual meeting all documents and the two documents 21 war. You speak to the reporter, do you not, from time to 22 that you're referring to, resolutions, were provided 22 time, with the Coastal Star? 23 to each commissioner one week prior to the meeting, 23 A. Very seldom, but the answer's, yes. I get C) 24 so in that regard at the time of the meeting perhaps 24 calls from them all the time, not all of them do 1 25 they were not shocked. 25 respond to. 4)ESQUIRE 800.211.DEPO (3376) 6 0 l O T t 0 N 5 F4nlrira.SnhWnn.c cnm WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM June 19, 2013 151 -154 1 Q. Where did they get a war? When I saw that 151 1 this case? Page 2 they were preparing for a war my first reaction was, with 2 MR. O'BOYLE: I can, but not at this time. 3 whom? 3 MR. RUDOLPH: Okay. Well, I don't believe 4 A. I don't know where they got that. They 4 that it is reasonably calculated to lead to 5 didn't -- If you're asking me if I stated it or said 5 discoverable evidence. 6 it - are you asking me that question? 6 MR. O'BOYLE: Okay. And I don't believe 7 Q. I'm asking if you know where they -- 7 in Santa Clause, so I would say we're even. 8 A. No, I do not know. 8 BY MR. O'BOYLE: 9 Q. Okay. Did you read it? 9 Q. If you run out of the $100,000 and you have to 10 A. Yes. 10 go into additional funding, what happens? 11 Q. And when you read it did you make inquiry 11 A. Depending on the overall performance of 12 around the town hall with either the employees or any of 12 the Town, additional funding would be required from 13 the commissioners? 13 unreserved, unappropriated funds. 14 A. No. 14 Q. And where would that money come from? 15 Q. You weren't curious? 15 A. The terminology commonly assigned to that 16 A. No. 16 location is "unassigned fund balance." 17 Q. Okay. Well, if you find out, let me know 17 Q. Okay. And that means where it comes from no 18 because I'm curious. 18 one knows as of today; is that correct? 19 How are you going to pay for the $100,000? 19 A. No. 20 A. The resolution indicated it would come 20 Q. Okay. Can you just help me out with this? 21 from reserve savings. 21 A. Only to repeat that it comes from what is 22 Q. It would come from where, I'm sorry? 22 commonly referred to as "unassigned fund balance." 23 A. Reserve savings. 23 Q. Okay. At what -- 24 Q. You're talking about savings, meaning we have 24 A. Some may -- 25 $20,000 for copy paper and we're going to cut to it 25 Q. Go ahead. I'm sorry. 1 $10,000 so there would be a savings of $10,000? 2 A. No. 3 Q. Okay. 4 A. The resolution indicated it would come 5 from the fund balance, I believe, unappropriated 6 funds. 7 Q. But that was the first part; am I correct? 8 Because the first part, as I recall, there was enough 9 money, but the second part was unfunded. 10 As a matter of fact, Mr. Daring, which I can 11 read to you what he said, he said it was unfunded, so 12 what difference did it make what the amount is because 13 we're going to spend whatever is necessary and we'll take 14 it from wherever we can? I mean, these are my words, of 15 course, not his, but generally stated, isn't that what he 16 said? 17 A. I believe he said something -- 18 MR. RUDOLPH: Mr. O'Boyle, can you advise 19 us how you believe these questions are 20 reasonably calculated to lead to discoverable 21 evidence in this case? 22 MR. O'BOYLE: I'm sorry? 23 MR. RUDOLPH: Can you advise us how you 24 believe this line of questioning is reasonably 25 calculated to lead to discoverable evidence in ESQUIRE Page 15Y 1 A. Some may have an easier understanding y 2 saying that there's a surplus of funds from previous 3 years' performances. It is a balance that's carried 4 forward and can only be used as appropriated by the 5 Commission. 6 Q. Okay. 7 A. It's not budgeted. 8 Q. Okay. At what point does it hit the 9 taxpayers? 10 A. It --Actually, all expenditures hit the 11 taxpayer. 12 Q. Sothis $100,000 -which I hope we don't spend 13 'cause I'm a taxpayer - of course, if we did spend it the 14 taxpayers would be responsible for that $100,000? 15 A. The generation of the unassigned fund 16 balance is from previous years and the millage rate 17 that is charged to each taxpayer and the net revenues 18 surpluses that are performed - that is performed in a 19 particular fiscal year. 20 Q. Okay. 21 A. But all monies that come into the Town 22 are, in essence, residents' money, a trust fund, a 23 trust account. 24 Q. I see. We talked a little bit about Chapter 25 119 yesterday (sic) and I don't remember the answer to 800.211.DEP0 (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013 O'BOYLE vs. TOWN OF GULF STREAM 155 -158 Page 155 1 this, and If you answered it, please excuse me: Had you Page 157 1 A. No. At the same time you mean? �., 2 read Chapter 119? 2 Q. Yes. As an example: Assuming myself and 3 A. I had. 3 Marrett are commissioners for the moment, I write an 4 Q. Have you had any courses on Chapter 119? 4 e -mail to you and Marrett, have you ever had that 5 A. I have not. 5 situation? 6 Q. Are you a member of -- I grew up in New 6 A. (Witness shakes head.) 7 Jersey, they call it the "League of Municipalities" and 7 Q. Never? 8 all the clerks and managers and mayors get together; is 8 A. No. 9 there such a group in Florida? 9 Q. Okay. Have you ever written a communication 10 A. In Florida there is the Florida League of 10 to more than one of the commissioners? 11 Cities. 11 A. Yes. 12 Q. Okay. 12 Q. Okay. And can you tell me about that? 13 A. In Palm Beach County there is the Palm 13 A. Generally speaking, those documents that 1 14 Beach County League of Cities. 14 might put together, there are very few, but could be 15 Q. And you area member of both? 15 a follow -up request or a follow -up of a commission 16 A. I believe I'm considered a delegate, a 16 meeting information that they may have wanted and 17 voting delegate -- 17 that communication goes to - goes to all 18 Q. Okay. 18 commissioners. It is not a communication asking for 19 A. — for each. 19 Input, but making or provide - making statements, 20 Q. So you would be a member? 20 providing information, not asking for any opinions or 21 A. No. 21 decisions. 22 Q. No, just a voting delegate? 22 Q. The "Red Book," the Town Code, "The Code," as 23 A. Yes. 23 1 would call it - I know it has a longer name than that - 24 Q. Okay. Do you ever go to some of their 24 my recollection is that at the beginning of that there is 25 symposiums or round table discussions or seminars and so 25 some type of manual referred to, like CMH or CHMH; ring a Page 156 1 forth? 1 bell? Page 158 2 A. Yes. 2 A. The only manual -- It doesn't ring a bell. 3 Q. Do they ever have any seminars, symposiums, 3 1— I think sometimes the Design Manual, Section 4 round table discussions and so forth about Chapter 119? 4 70— 5 A. There are discussions, seminars on - 5 Q. No, this would be early on in the -- I can 6 available to newly elected officials as it relates to 6 picture it, it's on the left -hand side towards the bottom 7 the Sunshine Law and I believe Public Records Law. 7 of a — We don't have one of the books, do we? 8 Q. The Sunshine Law; you've heard of the Sunshine 8 A. I'm sorry. 9 Manual? 9 Q. You just don't remember? 10 A. Yes. 10 A. I don't -- 11 Q. Have you ever read it? 11 Q. Okay. 12 A. I could not say I have read the entire 12 A. I do not know what you're referring to. 13 document. I have read a great deal of it, read 13 Q. That's fine. 14 portions of it. 14 The Sunshine Manual that we spoke about, do 15 Q. What did you glean from it, may I ask? 15 you have a copy of it? 16 A. That decisions are to be made In public 16 A. I believe I do, but I can't be for 17 hearings. 17 certain. 18 Q. I'm sorry, decisions in public hearings? 18 Q. Pardon? 19 A. Decisions affecting the residents of the 19 A. I believe I do. I'm not certain. 20 Town in the town would be made in a public hearing, 20 Q. Would it bean electronic copy if you door 21 public forum. 21 would it be a hard copy? 22 Q. Okay. Did it talk about open meetings? 22 A. Hard copy. I'm not stating that as a 23 A. Yeah. 24 Q. Have you had any communications with more than 23 fact. I'm just saying I do believe I have a copy. 24 Q. In other words, what you're saying - I don't 25 one commissioner at any time? 25 want to put words in your mouth - is you think you have a OESQUIRE, 800.211.DEP0 (3376) S u L u T 1 o N s Fcnuirm.4n6rfinnc cnm WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013 O'BOYLE vs. TOWN OF GULF STREAM 159 -162 Page 159 1 copy and if you do it's a hard copy? Pagel L 1 Q. Well, what would then - 'cause all of them 2 A. That, yes. Correct. 2 to the public records file; what would go into the ` 3 Q. Okay. The documents in the Thrasher pile 3 O'Boyle file? 4 where we started today compared to the Minor pile, you've 4 A. I mean, as a type, an example; is that 5 said that you've examined them and they're identical? 5 what you mean? 6 A. No, I didn't say that. 6 Q. Yes. Okay. 7 Q. Okay. Then I apologize. What is the 7 A. E -mails that we have had going back to - I 8 difference? 8 believe going back to the expense approval when you 9 A. I believe these documents here are in my 9 and I started communicating by e-mail, those are in 10 pile don't appear in minor's pile, including that 10 that folder, primary - primarily a -mails that's 11 one, yes. 11 related to you. There could be, for example, a -mails 12 Q. 1 think this was the only one -- 12 from Marty Minor that is dealing with some items 13 A. No, these. 13 associated with you, but I guess -- 14 Q. All of those do not -- 14 Q. Would they be in the O'Boyle file? 15 A. I believe so, yes. 15 A. -- it boils down to e- mails. Pardon me? 16 Q. Okay. I'm sorry, I thought it was just 3. 16 Q. Would they be in the O'Boyle file? 17 A. One. That's one. 17 A. Anything with your name on it. 18 Q. Yeah, but that was Exhibit 3, I'm sorry. 18 Q. But it's dealing with Marty Minor and me -- 19 A. 3B is definitely one. 19 A. Yeah, put it -- 20 Q. Why was this Exhibit 3, which you've had since 20 Q. -- in my file? 21 February 14th, and we're here on a records request that 21 A. Yes. 22 was submitted April 15th, why was this not turned over? 22 Q. That's fair enough. 23 A. I don't know that it wasn't. You would 23 And if I were to be a fly on the wall in your 24 have to check with the clerk on that. You don't have 24 office - and, by the way, I have no intention of being a 25 it? 25 fly on the wall - and I had saw your normal day of Page 160 Page 1 1 Q. 1 don't have it. 1 activity, what percentages of your documents that come n i 2 A. I don't have an answer. 2 are electronic? 3 Q. How does it work? Yesterday, or Monday, I'm 3 A. I would guess -- I would guess 70 percent. 4 sorry, you said something like, "I have an O'Boyle file 4 0. Okay. And what happens to the other 30, do 5 in my e- mails." 5 they get scanned? 6 A. Yes. 6 A. Some are magazines. 7 Q. Is that fair? 7 Q. Okay. Let me clarify it. Aside from what I'm 8 A. I have an O'Boyle public records file, 8 going to call "junk mail" -- 9 yeah. 9 A. Okay. 10 Q. Okay. Just a public records file? 10 Q. -- and that would be newspapers, magazines, 11 A. I -- I don't understand the question. 11 circulars, that kind of stuff; business, what percentage 12 Q. Okay. Well, I have kind of a Randolph file 12 of those documents are electronic? 13 that has a public records file, it has the constitutional 13 A. Maybe 80 percent. I'm just guessing here. 14 cases that he loses in, it has the commissioners, his 14 1 don't know. 15 actions with the commissioners and so forth; is yours 15 0. Right. 16 just limited to the public records? 16 MR. RUDOLPH: You're not required to guess 17 A. Well, actually, I believe everything on my 17 an answer if you don't know. 18 computer is public record -- 18 A. Oh, then I don't know. Thank you. 19 Q. Okay. 19 Q. Yesterday, can you remember any documents that 20 A. -- but I do sort certain things out for 20 you received that were not electronic? 21 convenience. 21 A. I don't know. I don't know. 22 Q. Now, if I sent you a public records request 22 Q. You can't think of any? 23 today, would it go in the O'Boyle file? 23 A. I don't know. 24 A. No. I would let that stay with the clerk 24 Q. When you say you don't know, I'm assuming who 25 and she would address me. 25 you're saying is you can't think of any because if you QESQUIRE 800.211.DEPO (3376) S o l U T 1 0 N 5 EsouireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013 O'BOYLE vs. TOWN OF GULF STREAM 163 -166 1 Page 163 can think of some you would tell me, fair enough? 1 Page 165 Q. Other -- O 2 A. Yeah. 2 A. But the citing — 3 Q. Does Rita get copies of your documents? 3 Q. -- meaning police officers? 4 A. No, not all of them. 4 A. — incidents -- Pardon me? 5 Q. Which ones does she get, which ones does she 5 Q. When you say, "other officers," you mean other 6 not get? 6 police officers? 7 A. She would get documents, for example, as 7 A. Yes. Any incident report that is not 8 it relates to applications, documents that would come 8 exempt from my view is provided to me each day. 9 in requesting payments, an assortment of documents 9 Q. So he provides you a report. 10 that would come in electrically -- 10 A. Actually, he individually, personally, 11 Q. Okay. 11 directly does not provide me that report. It's 12 A. -- she gets those. 12 provided to me by the chief of police. 13 Q. But the ones that do come in electronically to 13 Q. 1 see. And give me an example of a report 14 you, as an example, an e-mail from Tom Ledondy 14 that the chief of police may provide to you in his 15 (phonetic), would that go to Rita as well? 15 connection. 16 A. Some cases I may forward that to her, but 16 A. I may observe a vehicle, contractor's 17 it's primarily on my computer — 17 vehicle, that does not appear to be registered in 18 Q. Right. And why would -- 18 town. I would ask the chief to have somebody 19 A. -- I may communicate to her. 19 evaluate or investigate that to determine if they're 20 Q. Why would you forward it to her? 20 registered. Sometimes, because Officer Ginsberg is 21 A. It could relate to an application. You 21 part-time only, the next available officer would look 22 know, for example, we wanted to have clarification 22 into that for me. Usually I get a verbal response, 23 about a particular item that's been approved and she 23 but the following morning I have a - typically I have 24 needs to know that. 24 a written report on that, yes. 25 Q. Got you. 25 Q. And when a code violation is issued, you sign 1 Page 164 Mr. Ginsberg, the code enforcement officer -- 1 Page 166 it? 2 A. He's a part-time officer. 2 A. Yes, that we -- Yes. 3 Q. Right -- what authority does he have? 3 Q. If you had a personal animus for a particular 4 A. Well, that's really a hard question to 4 property owner -- 5 answer. He -- He's obligated to follow the Florida 5 A. If I had a personal what? 6 Constitution, statutes, law enforcement requirements; 6 Q. Animus. 7 he has the authority to work within those guidelines. 7 A. Could -- I'm not aware of what that means, 8 Q. What does that mean, if you don't mind? 8 could you explain it to me? 9 A. I guess the term would be a sworn officer. 9 Q. If you had a disdain, a dislike for a 10 He is a Florida sworn officer, what that means -- 10 particular property owner -- 11 Q. No. I'm sorry, maybe I said it wrong. You 11 A. I don't have any. 12 said, "He has the authority to work within those 12 Q. But if you had -- 13 guidelines." 13 A. I don't. 14 A. The -- Yeah, the Florida -- What's 14 Q. Okay. But if you did -- 15 prescribed or allowed by Florida law -- 15 A. I would not. 16 Q. Okay. 16 Q. Okay. But if you did — 17 A. --as a sworn police officer. 17 A. I'm not going to answer that; I do not, 1 18 Q. Okay. So I would have said it differently. 1 18 will not. 19 would have said he has the obligation to work in 19 MR. RUDOLPH: Well, let him finish the 20 accordance with those statutory and constitutional 20 question. 21 requirements; we're saying the same thing? 21 BY MR. O'BOYLE: 22 A. Yes. 22 Q. If you had a personal animus for a resident C? 23 24 Q. Okay. Has he ever cited anyone? A. Yes. Has he ever cited? He has given me 23 24 and you felt he was in violation, would you recuse yourself and have someone else make that decision or 25 incident reports where - and other officers as well. 25 would you do it yourself? 4) ESQUIRE 800.211.DEP0 (3376) s a L " T o " " Fcm iira.Cnb itinnc rnm WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM Q. Now, I'm not sure if it was the last election June 19, 2013 167 -170 Page 167 1 A. If I had observed something that 1 1 1 Page q motivation, the thoughts behind my questions 2 believed to be in violation of the Code, I would ask 2 think are all appropriate. Because you do not - 3 for an incident report and I would act upon the 3 understand them, that's not something that 1 4 information provided, that would be my 4 could help and I'm not going to give you. 5 responsibility, to communicate to the resident of 5 You're a seasoned lawyer and I'm not going to 6 what we believe to be the circumstances and the 6 sit here and lecture you or try to explain it. 7 potential violation. 7 If after the deposition is over you would 8 Typically, we provide a courtesy notice 8 like to send me a letter after you read the 9 first before any official citing to seek compliance. 9 transcript raising all the issues that you 10 If a individual acknowledges a violation, a problem, 10 believe are wrongfully asked, I will give you an 11 or agrees with me on that I usually ask if - are they 11 explanation, and if you don't like the 12 then going to comply? 12 explanation you can take whatever action that 13 1 give them a reasonable amount of time to 13 you would like, but in the meantime I am not 14 comply, and usually 95 percent of the time that 14 going to let you unilaterally tell me what I can 15 achieves compliance, a courtesy notice, sometimes it 15 and I can't do. 16 may be simply a telephone call from me, but 95 16 MR. RUDOLPH: No, and I'm not attempting 17 percent of the time we - we have that type of 17 to tell you that unilaterally. I would preserve 18 compliance through that method. 18 that objection for the Court in the event we 19 Q. So if you have a personal animus for someone, 19 would have to terminate this because you're 20 that would not affect you in any respect; is that 20 going on long, because I feel the witness is 21 correct? 21 being harassed, etcetera. 22 A. That's correct. 22 I'm letting it go on because I believe 23 Q. Okay. And your job is to make sure that the 23 there's an end in sight to this deposition 24 Code is being complied with? 24 today, at least you've let me know that. If 25 A. Yes. 25 this deposition is going to continue beyond 1 Q. Now, I'm not sure if it was the last election 1 today, if you feel that it is, then I would 2 or the election before, but I remember there were some 2 terminate it at this point because you insist on 3 political signs, and my recollection is they were in 3 asking these questions, but let's go forward and 4 violation; do you remember anything like that? 4 see if you can finish. 5 MR. RUDOLPH: Excuse me. We're at a point 5 There's no point in either one of us 6 where if you want to continue down the road 6 making speeches on this, but there's -- I'm not 7 where this does not lead to discoverable 7 talking just to hear myself talk. I truly feel 8 evidence in this case we'll stop. 8 that the questions you're getting into are a 9 1 thought -- You know, I've been letting 9 fishing expedition and are not reasonably 10 this go on because I was thinking that we were 10 calculated to lead to discoverable evidence in 11 going to finish with Bill today and I wanted to 11 this case. 12 give you every opportunity to finish and I want 12 1 know that at trial I can raise relevance 13 you to ask all the questions that at least we 13 objections and I will do so at that point. The 14 believe are related to discoverable evidence in 14 purpose of this is just to keep you on track so 15 this case, and so I haven't been wanting to 15 that we can come to some sort of an end to this 16 terminate this deposition, but I would ask you 16 deposition without it be being a fishing 17 to refrain from asking questions which aren't 17 expedition without harassing the witness, that's 18 related to discoverable evidence in this case. 18 my second speech. I don't know if you have 19 MR. O'BOYLE: And -- 19 another one. 20 MR. RUDOLPH: I don't see how any of this 20 MR. O'BOYLE: No, I had none, but if you 21 deals with the production of public records. 21 would like to make your third before I get 22 MR. O'BOYLE: I -- Mr. Randolph, your 22 started. 23 speeches are wonderful, however, I think they're 23 MR. RUDOLPH: No, that was only responsiv- 24 ill- placed at this deposition. 24 to yours. I will only make a third if you have 25 This is my deposition. The rationale, the 25 another one. QESQUIRE 800.211.DEPO (3376) EsquireSolutions. com N WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM 1 MR. O'BOYLE: No, I have none. Thank you. 2 MR. RUDOLPH: Okay. 3 MR. O'BOYLE: Can you read the last 4 question before the Emancipation Proclamation? 5 (The requested portion was read back.) 6 A. No. 7 Q. I'm referring again to Thrasher 3, and it 8 talks about the documents that appear to be conditions 9 precedent to an approval, would that be correct, the 10 circled documents? 11 A. When you refer to conditions of 12 approval — 13 Q. They're necessary before one can get an 14 approval? 15 A. Before they can be heard at a public 16 hearing. 17 Q. That's fine. 18 A. Okay. 19 Q. Correct? 20 A. Yes. 21 Q. Okay. May I have that back? 22 A. Sure. 23 MR. O'BOYLE: Does this work for you, Mr. 24 Randolph? 25 MR. RUDOLPH: Pardon? Page 172 1 MR. O'BOYLE: Does this work for you, Mr. 2 Randolph? 3 MR. RUDOLPH: You're on track, I think. 4 MR. O'BOYLE: I feel like it's my 5 birthday. 6 BY MR. O'BOYLE: 7 Q. Item No. 1, Completed Development Application; 8 may I ask where that is? 9 A. I believe the clerk has it. 10 Q. Why was that not produced? 11 A. I don't have it. 12 Q. That's not what I asked you. 13 MR. RUDOLPH: Can I clarify something? 14 MR. O'BOYLE: No. You've done enough 15 testifying for him. 16 A. I did not think that was responsive. 17 Q. Why did you not think it was responsive? 18 A. I -- I didn't create it. 19 MR. RUDOLPH: That's what I'm trying to 20 clarify; responsive to what? Are we talking 21 about the public records request or with regard 22 to his Subpoena Duces Tecum? That's simply what 23 1 was trying to clarify because I think there 24 might be some misunderstanding of the witness. 25 That is not testifying for the witness, it is a ESQUIRE June 19, 2013 171 -174 1 deliberate attempt to clarify a question. 2 BY MR. O'BOYLE: 3 Q. The Completed Development Application, does it 4 have any type of annotations, any type of notes, any type 5 of comments from either you or from Mr. Minor? 6 A. No. 7 Q. Okay. No. 2, fee of $2,265, how did you come 8 to that fee? 9 A. We have a schedule of fees that are part 10 and parcel of the application. 11 Q. I remember your schedule of fees; what's the 12 $1500 for? 13 A. Level 3 application. 14 Q. I see. Okay. And was there a receipt given 15 for this fee? 16 A. I would say, yes. I don't know. 17 Q. Okay. 18 A. Once I complete that document I don't have 19 anything else to do. I -- I disengage myself -- 20 Q. Okay. 21 A. — except for my staff report. 22 Q. The list of adjacent property owners, No. 19 - 23 again, this is on Exhibit 3, Thrasher 3 - would you have 24 prepared that list? 25 A. No. 1 Q. Would you have signed that list? ` 2 A. No. 3 Q. Would you have annotated that list? 4 A. No. 5 Q. Would you have made any notes on that list? 6 A. No. 7 Q. Okay. May I? 8 A. Sure. 9 Q. I'm next looking at Thrasher 3B. Mr. 10 Thrasher, can you tell me what that is, please? 11 A. This is what I would refer to as my "staff 12 report." 13 Q. Meaning prepared by your staff? 14 A. Prepared by me. 15 Q. Prepared by you, I see. So the records 16 request was provide a copy of any reports or writings 17 authored - I'm abbreviating now - by William Thrasher in 18 regard to 3211 North Ocean Boulevard; would that be a 19 document that was requested pursuant to Request No. 332? 20 MR. RUDOLPH: Excuse me, are you reading 21 from the public records request or his Subpoena 22 Duces Tecum? 23 MR. O'BOYLE: Public records request. 1 24 just left out Martin Minor and -- 25 MR. RUDOLPH: Would you read the whole 800.211. DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM 1 thing? ' 2 MR. O'BOYLE: Sure. 3 BY MR. O'BOYLE: 4 Q. "Please provide a copy of any reports or 5 writings authorized by Martin Minor or William Thrasher 6 in regard to Application No. 1 on the agenda of the Town 7 Commission meeting, dated April 12, 2013, for the 8 premises known as 3211 North Ocean Boulevard, Gulf 9 Stream, Florida." 10 A. And this is a document that I pro- I 11 created. 12 Q. It is? 13 A. Yeah. 14 Q. So would it be in response to this? 15 A. Yeah. 16 Q. Why was it not produced? 17 A. I thought I did produce it. 18 Q. I understand that. 19 A. I thought I was responsive. 20 0. Okay. Well, you didn't produce it. 21 MR. RUDOLPH: Object to the form. 22 BY MR. O'BOYLE: 23 Q. What makes you think you produced it? 24 A. Isn't it here? 25 Q. Pardon? 1 A. It's here. Page 176 2 Q. It's here on June the 19th. The request was 3 made April 15th, the lawsuit was filed April 23rd. 4 A. Oh. Can I see that, please, the public 5 records request? 6 0. Absolutely. Actually 1 think it's in one of 7 these files, but I'll just do it this way. 8 MR. RUDOLPH: Why don't you just flip it 9 over? He won't look at the others. 10 THE WITNESS: That's all right. 11 MR. RUDOLPH: Do it your way. 12 MR. O'BOYLE: I appreciate that. 13 A. This would be something that the clerk 14 would respond to. I -- I didn't respond to it. 15 Q. Okay. Now, explain to me how the clerk 16 responds to things. Let me be a little clearer: I'm the 17 clerk, I get a records request and it says, "Give me all 18 of Mr. Thrasher's documents regarding the house at 1515 19 Acorn Street," tell me what happens. 20 A. You would have to ask her. 1 -- I'm sure 21 she responds to the public records request 22 accordingly. 23 0. Well, she didn't here. 24 MR. RUDOLPH: Object to the form. 25 BY MR. O'BOYLE: ESQUIRE June 19, 2013 175 -178 1 Q. Do you have any knowledge, any factual / 2 information that that document was produced? 3 A. No. 4 Q. Pardon? 5 A. No. 6 0. No. But you do agree that that document 7 should have been produced? 8 MR. RUDOLPH: Object to form. 9 A. I -- I don't know the answer to that. 10 Q. You already answered it once. Is that 11 document responsive to the records request? 12 A. I don't know what her thought processes 13 were. 14 Q. That's not the question I asked you. 15 A. I don't know. 16 Q. Okay. Let's read the records request again. 17 MR. O'BOYLE: And, Mr. Randolph, you would 18 like to know why this deposition takes so long. 19 BY MR. O'BOYLE: 20 0. Okay. Here's the records request, and I will 21 read it in its entirety because I know that's what Mr. 22 Randolph wants: "Please provide a copy of any reports or 23 writings authored by Martin Minor or William Thrasher in 24 regard to Application No. 1 on the agenda of the Town 25 Commission meeting, dated April 12, 2013, for the 1 premises known as 3211 North Ocean Boulevard, Gulf 2 Stream, Florida.' 3 A. And what's the question? 4 Q. The question is: Is that document responsive 5 to this request? 6 A. I don't know. 7 Q. What don't you -- Tell me why you don't know. 8 A. I didn't perform the action. 9 Q. I didn't ask you who performed the action. 10 A. I don't -- 11 Q. I asked you if it was responsive to this 12 request. Now, do you want me to read the request again? 13 MR. RUDOLPH: No, it's not necessary. 14 You're badgering the witness. 15 MR. O'BOYLE: That's fine. 16 MR. RUDOLPH: No, it's not fine. 17 A. I don't know. 18 Q. You don't know? 19 A. I don't know. 20 Q. Okay. Let's do it this way: Is that a report 21 or a writing? 22 A. Yes. 23 0. And, by the way, what exhibit number is that? 24 A. 3B. l 25 0. 313? 800.211. DEPO (3376) EsquireSolutions. corn 0) WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013 O'BOYLE vs. TOWN OF GULF STREAM 179 -182 1 Page 179 A. (Witness nods head.) Pagge 181 1 is the Public Records Request No. 332, dated April . 2 Q. Okay. Is that authorized (sic) by Martin 2 2013. Mr. Thrasher, I'm going to hand this to you and 3 Minor or William Thrasher? 3 ask that you hold on to it and that way if you have any 4 A. Authorized? 4 questions, instead of me having to read it, you can do it 5 Q. Pardon? 5 yourself at your own speed. 6 A. Did you say, "authorized "? 6 Have you read the Verified Complaint? 7 MS. HANNA: Authored. 7 A. Briefly. 8 BY MR. O'BOYLE: 8 Q. Now, on the Verified Complaint there's a 9 Q. 1 may have, excuse me. Authored by Martin 9 statement on Page 11 of 11 - and the Verified Complaint, 10 Minor or William Thrasher? 10 by the way, is Thrasher 5 - and it says, "Before me the 11 A. Yes. 11 undersigned authority personally appeared, Martin 12 Q. Okay. And is it in regard to Application 1 on 12 O'Boyle, who being first duly identified and swom 13 the agenda of the Town Commission meeting, dated 13 deposes and says that this Verified Complaint is based on 14 April 12, 2013, for the premises known as 3211 North 14 records and information known to him and are true and 15 Ocean Boulevard, Gulf Stream, Florida? 15 correct to the best of his knowledge, information, and 16 A. Yes. 16 belief, he who is personally known to me." So I'm making 17 Q. Okay. Is there anything you would like to add 17 a verification that the content is true and correct to 18 to that? 18 the best of my knowledge, information, and belief. 19 A. No. 19 Do you have any reason to believe that 20 Q. Okay. We're really moving along now. 20 anything said in here is not true? 21 A. I'm not certain about all those documents, 21 A. I have no opinion. 22 but -- 22 Q. 1 understand you have no opinion. Now, would 23 MR. O'BOYLE: And just for the court 23 you answer my question? 24 reporter's record, the documents that have been 24 MR. RANDOLPH: He answered the question. 25 produced today by Mr. Thrasher that have not 25 BY MR. O'BOYLE: 1 Page 180 been produced by Mr. Minor are Documents 3 and Page 182 1 Q. Now, would you answer my question? 2 3B, and I'm excluding the Notice of the Taking 2 A. I have no opinion. 3 of the Deposition and the Duces Tecum. I'm 3 Q. We can go through them paragraph by paragraph 4 talking about actual responsive documents, you 4 if you prefer. 5 know, ones in response to 332. 5 MR. RANDOLPH: There's no need to. He 6 MR. RUDOLPH: Object to the form of the 6 already said he has no opinion. 7 question. 7 MR. O'BOYLE: He has no opinion is not an 8 BY MR. O'BOYLE: 8 answer to the question. 9 Q. Have you, by the way, spoken to Mr. Minor 9 THE WITNESS: It is. 10 since his deposition? 10 MR. O'BOYLE: If everybody went to a 11 A. Briefly. 11 deposition and answered every question and said, 12 Q. What did you talk about? 12 "1 have no opinion," that's like saying, "I'm 13 A. I apologized. 13 not answering the question," that's nonsensical. 14 Q. For what? 14 MR. RUDOLPH: You and I disagree on that, 15 A. For him having to appear. 15 don't we? 16 Q. It's part of his job — 16 MR. O'BOYLE: Yep, we sure do. 17 MR. RANDOLPH: Object to the form. 17 BY MR. O'BOYLE: 18 Q. -- isn't it? 18 Q. What would make you have an opinion, Mr. 19 A. You asked me what I said, that's what 1 19 Thrasher? 20 said. 20 A. I don't know. 21 Q. Short conversation -- 21 Q. Do you have an opinion on anything? 22 A. Yes. 22 A. I try not to. 23 Q. -- "I apologize" and you hung up? 23 Q. But you're sometimes unsuccessful? 24 A. Yes. 24 MR. RUDOLPH: Object to the form. 25 Q. Okay. I'm next looking at Thrasher 4, which 25 A. I don't know, don't recall, don't 4) ESQUIRE 800.211.DEPO (3376) S O l 0 1 10" s Fcnidra.4nlufinnc rnm WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM 1 remember. Page 183 2 Q. When we started yesterday (sic) you were 3 talking about your history, your part-time job I think as 4 a woodworker, if I remember right. 5 A. I said I had a few part-time jobs wherever 6 1 could get jobs. 7 Q. Right. And I asked you if you were ever 8 deposed previously. 9 A. Yes. 10 Q. And you said, yes. 11 A. Yes. 12 Q. And I think I recall that the answer was, 13 twice. 14 14 A. I believe twice. 15 Q. Okay. 16 A. Not certain. 17 Q. And -- 18 A. I believe so. 19 Q. What counties were you deposed in? 20 A. Palm Beach. 21 Q. By the way, when did you start working -- It 22 was'96 when you started working here, was it not? 23 A. Correct. 24 Q. As they say in the famous cigarette 25 commercial, "You've come a long way, baby." 1 A. I don't think so. 2 Q. The two depositions in Palm Beach County, were 3 they before you started working here or after you started 4 working here? 5 A. Before. 6 Q. Were they before you were working for 7 Loxahatchee? 8 A. I don't remember. 9 Q. Well, that was right before you worked for 10 Gulf Stream, wasn't it? 11 A. No. 12 Q. No? Were you ever in business? 13 A. Yes. 14 Q. What kind of business were you in? 15 A. Auto parts, hardware. 16 Q. Is that all one store? 17 A. No. 18 Q. You had an auto parts store? 19 A. Yes. 20 Q. And then a hardware store? 21 A. Yes. 22 Q. And did you and Phyllis work that together? 23 A. Yes. 24 Q. By the way, who is Leaders at the Core of 25 Better Communities? ESQUIRE June 19, 2013 183 -186 1 A. I don't know. rage f,_� 2 Q. You don't know? How about six months ag 3 tell you you received an award from them in Phoenix, 4 Arizona? 5 A. I don't recall that, don't know about it. 6 1 didn't receive any award, to my knowledge. 7 Q. Pardon? 8 A. Would that be ICMA? 9 Q. ICMA, yes. 10 A. Okay. I do recall that. 11 Q. Okay. Good, saves me pulling this out. Thank 12 you. 13 And what do they do? 14 A. I believe they do a multitude of things. 15 Its acronym is International City Manager -- 16 Q. I'm sorry, can you speak up? 17 A. The acronym is International City Managers 18 Association. They are an organization that deals 19 primarily with municipal managers, the assistance in 20 education, direction, government oriented. 21 Q. Is Joel Chandler a member of that 22 organization? 23 A. I don't know. 24 Q. Have you ever seen Joel Chandler at one of 25 their meetings? Page 1 1 A. No. 2 Q. Do you know who Joel Chandler is? 3 A. Yes. 4 Q. How do you know who Joel Chandler is? 5 A. He -- Maybe I don't. I thought he was 6 associated with Fog Watch. 7 Q. I'm sorry? 8 A. I thought he was was associated with Fog 9 Watch, maybe I'm not pronouncing -- 10 Q. Who is Fog Watch? 11 A. It's some organization that deals in 12 requisitioning public records, I think. 13 Q. Do you see him as a scoundrel or a patriot? 14 MR. RUDOLPH: Objection, form. 15 A. I see him as an individual. 16 Q. Is everyone an individual that have no -- Is 17 Osama Bin Laden an individual and George Bush is an 18 individual and I can't think of my president's name right 19 now? 20 A. You don't have to -- 21 Q. Are they all individuals in your eyes? 22 A. I try to keep that focus, that's correct, 23 sir. 24 Q. But they are all individuals in your eyes? 25 A. Correct. 800.211. DEPO (3376) EsquireSolutions. com O C I WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM 1 Q. Page 187 And they're not good guys, bad guys, other 2 guys? I have a layman's perspective of 3 A. (Witness shakes head.) 4 Q. Okay. Fair enough. 5 A general knowledge. So in your eyes, I'm an individual? 6 A. Correct. 7 Q. Did you — 8 A. As you are also a resident. 9 Q. Pardon? 10 A. You are also a resident of the Town of 11 Gulf Stream. 12 Q. Oh. Well, okay. I would tell you I'm 13 domiciled here, but we can use "resident" if that's the 14 statement you want. 15 How do you know she's custodian of records? How come you overcharged me for this records 16 request that I made? 17 Q. MR. RUDOLPH: Object to the form. 18 A. I didn't charge you. 19 0. How come the Town of Gulf Stream overcharged 20 me? 21 21 Pardon me? MR. RUDOLPH: Object to the form. 22 A. I don't know that they did. 23 0. Have you ever read Chapter 119 as far as what 24 the charges are that you're allowed to charge? 25 A. From a layman's standpoint, yes. 1 Q. Did you understand it? 2 A. I have a layman's perspective of 3 understanding. 4 Q. And what perspective would that be that's -- 5 A. A general knowledge. 6 Q. Okay. And Ms. Taylor is the custodian of 7 records, correct? 8 A. Correct. 9 Q. Okay. And I think I asked this before, but I 10 don't remember: Did you appoint her as custodian of 11 records? 12 A. No. 13 Q. Who appointed her? 14 A. Don't know. 15 Q. How do you know she's custodian of records? 16 A. Documentation. 17 Q. Pardon? 18 A. Documentation. 19 Q. Oh. And the documentation that you've seen 20 that appointed her was? 21 A. Pardon me? 22 Q. The documentation that you've seen that 23 appointed her? 24 A. Okay. 25 0. Well, have you seen documentation -- ESQUIRE June 19, 2013 187 -190 1 A. Yes. 2 Q. -- that appointed her? 3 A. Yes, yes. 4 Q. Who -- 5 A. Not the appointment, but the statement in 6 fact that she is custodian of record. 7 Q. Her statement? 8 A. Pardon me? 9 Q. Her statement. 10 A. Her what? 11 Q. Her statement. 12 A. Of what? 13 Q. Fact. In other words, you said you the -- 14 A. Oh, the document I'm picking up to be 15 factual. 16 Q. Okay. Then I missed something, for that 1 17 apologize. How do you know that she Is the custodian of 18 record? 19 A. There is either a personnel policy, a 20 document that so states that. 21 Q. Okay. And have you ever seen that document? 22 A. Yes. 23 0. And who authored that document? 24 A. I don't know. 25 Q. But you've seen it? 1 A. Yes. Page 190 2 Q. Is it in the form of like gold leaf like you 3 might get after when you got your M.B.A., as an example, 4 one of those sheep skins, or is it written on the back of 5 a napkin? What is it? 6 A. It's on a eight- and -a -half by eleven sheet 7 of paper, it's typed. 8 Q. And — 9 A. Typed. 10 Q. And generally it says she's the custodian? 11 A. Town clerk, custodian of the records, 12 that's my recollection, yes. 13 Q. Okay. And is there a handbook for the town 14 employees telling you, as an example, "Mr. Thrasher is 15 the boss" or "Mr. Thrasher is the town manager," which is 16 - I'm equating your position to a CEO, and I may be wrong 17 when I do that, but in my mind that's what I have - is 18 there such a document? 19 A. For me? 20 Q. For everyone. 21 A. Are you talking about for me? 22 Q. For everyone. 23 A. Not for everyone. 24 Q. Okay. For whom then? 25 A. The personnel descriptions and policies 800.211.DEPO (3376) EsquireSolufions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM Page 191 1 are for everyone. There are additional references 2 made in our Charter, our Code, for the town manager, 3 the town clerk, the building official, some other - 4 other descriptions in that document. I don't recall 5 anything else. 6 Q. I'm looking, Mr. Thrasher, at your salary - 7 when I say, "salary," the cost to the Town - do you know B what it is? 9 A. Not exactly. 10 Q. Approximately? 11 A. $118,000. 12 Q. How much? 13 A. $118,000; 1 look at it once a year. 14 Q. Mayor Cope (phonetic) was a Realtor, was HE 15 not? 16 A. I believe so, yes. 17 Q. Mayor Orthwein was a Realtor, was she not, or 18 is she not, was she not? 19 A. I believe that she was. I don't know that 20 she is. 21 Q. And I objected to the real estate signs as 22 being legal. As you may recall, I said one time, "How 23 did you miss them after 17 years ? "; do you recall that? 24 A. I think generally, yes. 25 Q. Okay. Is it possible that the mayor is angry Page 192 1 with me, has a personal animus for me sort of - I guess 2 I'm not sure if I'm going to use the right term - 3 stepping on her toes? I'm coming in to her court, she is 4 the king and I am pointing out errors in her activities. 5 Is it possible that she may be troubled with me? 6 MR. RUDOLPH: Object- - 7 A. No. 8 MR. RUDOLPH: -- to the form of the 9 question. 10 BY MR. O'BOYLE: 11 Q. You don't think she's troubled with -- She's 12 happy with me? 13 MR. RUDOLPH: Object to the form. 14 A. I don't know. 15 Q. Okay. Well, she made a comment up here one 16 day that she made clear that when you folks decided that 17 you weren't going to allow private people to use this 18 hall anymore, she made it clear, she said she did it 19 because I wanted to use it. 20 MR. RUDOLPH: Object to the form. It's 21 not a question. 22 A. I don't know that, but I had nothing to do 23 with making that decision. 24 Q. Has she ever seen the picture of herself on 25 the side of my home, do you know? ESQUIRE June 19, 2013 191 -194 1 A. You would have to ask her. oyo 2 Q. Have you? 3 A. Yes. 4 Q. How do you like it? 5 MR. RUDOLPH: Object to the form. 6 A. I don't like it. 7 Q. Why not? 8 A. I think it's disrespectful. 9 Q. If I told you that Supreme Court Justice 10 Scalia thought it was fine and George Washington thought 11 it was fine, what would you say? 12 MR. RUDOLPH: Object to the form. 13 A. I would have no comment. 14 MR. O'BOYLE: In that case, I think we 15 should dispatch to Palm Beach and hopefully 16 somebody will have some comments. 17 MR. RUDOLPH: Is that the end of the 18 deposition? 19 MR. O'BOYLE: No, but I think we had said 20 we were going to go to 11:30. At this point -- 21 MR. RUDOLPH: So you have not concluded 22 with this deposition? 23 MR. O'BOYLE: No, I have not -- 24 MR. RUDOLPH: Okay. 25 MR. O'BOYLE: I have not, as much as 1 1 want to. Page 1 a, 2 (The deposition adjourned at 11:50 a.m.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800.211. DEPO (3376) EsquireSolutions. com 0 C WILLIAM H. THRASHER, CGFO Vol. it O'BOYLE vs. TOWN OF GULF STREAM June 19, 2013 195 -198 1 CERTIFICATE OF OATH Page 195 1 DEPOSITION ERRATA SHEET Page 197 2 3 2 Our Assignment No. 380798 3 Case Caption: 4 4 Martin E. O'Boyle 5 5 Town of Gulf Stream 6 STATE OF FLORIDA ) 6 7 COUNTY OF PALM BEACH) 7 DECLARATION UNDER PENALTY OF PERJURY 8 B I declare under penalty of perjury 9 I, the undersigned authority, certify that 9 that I have read the entire transcript of 10 WILLIAM H. THRASHER, CGFO personally appeared before 10 my Deposition taken In the captioned matter 11 me and was previously swam. 11 or the same has been read to me, and 12 12 the same Is true and accurate, save and 13 13 except for changes and/or corrections, It 14 WITNESS my hand and official seal this 14 any, as Indicated by me on the DEPOSITION 15 26th day of June, 2013. 15 ERRATA SHEET hereof, with the understanding 16 17 16 that I offer these changes as if still under 17 oath. 18 18 Signed on the _ day of 19 19 ,20_. 20 JENNIFER D. DILORENZO Notarryy Public - State of Florida 21 My Commisslon No. EE 167698 Expires: March 7, 2018 22 20 21 22 WILLIAM H. THRASHER, CGFO 23 23 24 24 25 25 1 REPORTER'S DEPOSITION CERTIFICATE Page 196 1 DEPOSITION ERRATA SHEET Page 198 2 ) 3 STATE OF FLORIDA COUNTY OF PALM BEACH) 4 2 Page No.—Line No._Change to: 3 4 Reason for change: 5 1, JENNIFER D. DILORENZO, Shorthand 5 Page No. Una No._Change to: 6 Reporter, certify that I was authorized to and did 6 7 Reason for change: 7 stenographically report the deposition of WILLIAM H. 8 THRASHER, CGFO; that a review of the transcript was 8 Page No._Une No._Change to: 9 requested; and that the transcript Is a true and 9 10 Reason for change: 10 complete record of my stenographic notes. 11 1 further certify that I am not a 11 Page No.—Line No._Change to: 12 relative, employee, attorney, or counsel of any of the 12 13 Reason for change: 13 parties, nor am I a relative or employee of any of the 14 partles' attomey or counsel connected with the 14 Page No.—Una No._Change to: 15 action, nor am I financially Interested In the action. 15 16 Reason for change: 16 17 Dated this 26th day of June, 2013. 17 Page No._Une No._Change to: 18 18 19 Reason for change: 19 20 i""h" n by —P 20 Page No._Une No._Change to: 21 21 22 Reason for change: 23 22 JENNIFER D. DILORENZO, 23 Shorthand Reporter. 24 25 24 SIGNATURE: DATE: 25 WILLIA H. THHASHER, CGFO OESQUIRE 800.211. DEPO (33 7611 EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM 1 DEPOSITION ERRATA SHEET Page 199 2 Page No._Une No._Change to: 3 4 Reason for change: 5 Page No._Une No._Change to: 6 7 Reason for change: 8 Page No._Une No._Chenge to: 9 10 Reason for change: 11 Page No,—Une No. Change to: 12 13 Reason for change: 14 Page No.—Line No.—Change to: 15 16 Reason for change: 17 Page No.—Line No. Change to: 16 19 Reason for change: 20 Page No.—Line No.Change to: 21 22 Reason for change: 23 24 SIGNATURE: DATE: WILLIA 25 June 19, 2013 199 ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com WORD INDEX WILLIAM THRASHER, CGFO -II C� WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM $80,000 15 129:13 $ 149:21, 181:1 22,25 1515 $10,000 150:6 152:1 $100,000 148:3,6, 12 149:19,23 151:19 153:9 154:12,14 $118,000 191:11,13 $15,000 150:6 $1500 173:12 $2,265 173:7 $20,000 149:22, 151:25 $30,000 150:6,7 $40,000 148:2,4, 11 149:18,19 $50,000 148:3,4 149:18,20 $50,0000 148:11 $60,000 149:25 150:6 $70,000 150:6 176:18 1 15th 135:5,14, 1 129:8 132:18,24 133:7,8, 13,15 134:10 172:7 175:6 177:24 179:12 10 133:8, 134:10 10,000 - square 138:8 100 146:20 11 181:9 119 154:25 155:2, 156:4 187:23 11:30 193:20 11:50 194:2 12 137:14 175:7 177:25 179:14 14 133:8, 134:10 135:2 14th 129:19 135:13 159:21 ESQUIRE 17 159:22 176:3 16 129:13 16th 129:14 17 191:23 18 137:2 143:8,13, 15 19 126:2 173:22 19th 126:8 176:2 2 2 132:18, 25 133:8, 10,17,23 134:1,2, 10 173:7 2013 135:2 137:14 175:7 177:25 179:14 181:2 23 129:10 23rd 176:3 24 129:9, 10 24th 129:11 June 19, 2013 Index: $10,000-accurate 181:10 M 3 129:6 132:8,12, 13,14,15, 19 133:1, 23 134:1, 3 136:8,9 137:13, 17,21 143:7 159:16, 18,20 171:7 173:13,23 180:1 30 162:4 30 -some 143:25 3211 129:18 130:5 174 :18 175:8 178:1 179:14 332 174:19 180:5 181:1 3B 159:19 174:9 178:24,25 180:2 n 4 137:15 180:25 5 5 133:8, 7 70 158:4 162:3 8 80 162:13 8K 127:19 128:22 9 9/30/2013 150 :10 95 167:14, 16 96 183:22 A a.m. 194:2 abbreviate 137:14 abbreviatin g 174:17 abide 145:12,17 Absolutely 132 :7 176:6 accordance 164:20 account 154:23 accurate 150:11 800.211. DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM achieves affect answering 167:15 167:20 182:13 acknowledge affecting s 167:10 156:19 Acorn afternoon 176:19 137:3 acronym 185:15,17 act 167:3 action 169:12 178:8,9 actions 160:15 activities 141:3,6 192:4 activity 162:1 actual 148:21 180:4 add 141:5 179:17 additional 150:20 153:10,12 191:1 address 129:18 160:25 adjacent 173:22 adjourned 194:2 advance 148:18 advise 152:18,23 agenda 149:10 175:6 177:24 179:13 agree 177:6 agrees 167:11 ahead 126:21 153:25 akin 148:1,9 allowed 164:15 187:24 amendment 146:21,22 amount 152:12 167:13 angry 191:25 animus 166:3,6, 22 167:19 192:1 annotated 174:3 annotations 173:4 answer's 150:23 anymore 192:18 apologize 128:19 159:7 180:23 189:17 apologized 180:13 appeared 181:11 applicant 130:22 131:7,8 134:25 136:1,15 138:6 application 129:9,12, 24 130:25 131:3,4, 16,22 132:8,12 134:8,19 135:13 136:14 163:21 172:7 173:3,10, 13 175:6 177:24 179:12 application s 132:18 163:8 applied 136:15 apply 130:22 applying June 19, 2013 Index: achieves..attempting 134:23 Approximate appoint ly 191:10 188:10 April appointed 135:5,14, 19,25 17 137:14 144:5 159:22 188:13, 157:2 150:10 175:7 20,23 176:3 189:2 177:25 appointment 179:14 189:5 181:1 appropriate architect d 154:4 131:9,11, approval 13 129:13 architects 130:23 132:1 134:8 Architectur 135:19,23 al /site 136:5,12, 137:18 14,24 139:19 137:8 138:3,13 Arizona 139:8,20, 185:4 23 144:16 assigned 161:8 153:15 171:9,12, 14 assistance 147:12 approvals 185:19 138:7,9, 10 139:6, Association 7 185:18 approve assortment 137:13,17 163:9 approved assume 138:15, 128:8 19,25 135:17 139:1,22 assuming 144:21,24 157:2 150:10 162:24 163:23 attempt approves 173:1 136:16 attempting 169:16 ESQUIRE 800.211.DEPO (3376) . EsquireSolutions. com V1 WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM attend 154:3,16 157:22 144:13 based books attorney 181:13 158:7 147:12,13 bathrooms boss auspices 141:13,14 140:12, 142:7 190:15 Beach authored 155:13,14 bottom 174:17 183:20 158:6 177:23 184:2 Boulevard 179:7,9 193:15 174:18 189:23 beginning 175:8 authority 148:8 178:1 164:3,7, 157:24 179:15 12 181:11 belief brainchild authorized 181:16,18 150:5 175:5 believed break 179:2,4,6 167:2 149:13,16 auto bell Briefly 184:15,18 158:1,2 180:11 award 181 :7 Bill 185:3,6 168:11 budget aware Bin 186:17 146:13, 166:7 15,18,22 birthday 147:17,21 aye 137:20 172:5 148:2 bit 154:24 150:9 B blank budget alte 129:11 rations baby 130:15,16 148:1 183:25 131:3 budgeted back 127:4 132:8 154:7 139:5 blocked build 161:7,8 141:23 138:8 171:5,21 190:4 Board building 138:16 191:3 bad 187:1 bodies Bush badgering 141:11 186:17 178:14 boils business balance 161:15 162:11 152:5 153:16,22 Book 184 :12,14 ESQUIRE June 19, 2013 Index: attend-City 155:2, C 156:4 187:23 calculated 152:20,25 153:4 170 :10 call 129:14 155:7 157:23 162:8 167:16 called 129:8 140:12 calls 150:24 carried 154:3 case 132:24 152:21 153:1 168:8,15, 18 170 :11 193:14 cases 160:14 163:16 caused 126:12 CEO 190:16 cetera 169:21 CGFO 126:1 Chandler 185:21,24 186:2,4 Chapter 154 :24 charge 187:18,24 charged 154:17 charges 187:24 Charter 191:2 check 159:24 chief 165:12, 14,18 CHMH 157:25 cigarette 183:24 circled 131:19 171:10 circulars 162:11 circumstanc es 167:6 cited 164:23,24 Cities 155:11,14 citing 165:2 167:9 City 140:18 141:8 185:15,17 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM clarificati on 163:22 clarify 162:7 172:13, 20,23 173:1 Clause 153:7 clean 142:14 cleaning 141:13 clear 133:22 192:16,18 clearer 176:16 Clearing 135:25 136:18 clerk 138:22 139:21 160:24 172:9 176:13, 15,17 190:11 191:3 clerks 155:8 clogged 142:4 CMH 157:25 Coastal 150:17,22 code 143:19,21 144:4 157:22 164:1 165:25 167:2,24 191:2 collected 130:20 column 130:8 comfortable 127:8 commanding 142:8 comment 192:15 193:13 comments 173:5 193:16 commercial 183 :25 commission 135:19 136:7,13, 16,25 137:2,5,8 138:18 140:16, 19,21 141:9 142:15,23 143:3,8 144:7,22 147:23 154:5 157:15 175:7 177:25 179:13 Commission' a 145:5 commissions r 137:12 148:23 156:25 commissione rs 144:23 145:25 147:19 148:9 151:13 157:3,10, 18 160:14,15 commonly 153:15,22 communicate 146:4,5 163:19 167:5 communicati ng 161:9 communicati on 157:9, 17,18 communicati ons 156:24 Communities 184:25 compared 159:4 Complaint 181:6,8, 9,13 complete 173:18 completed 131 :19 172:7 173:3 compliance 167:9,15, 18 complied June 19, 2013 Index: clarification-copies 133:6 167:24 comply 167:12.14 compose 139:21 composite 134:5 computer 160:18 163:17 concept 150:13 concern 146:10,12 concerned 147:17 concluded 193:21 conclusion 138:12,20 concomitant 132:11 conditional ly 139:1 conditions 139:23 171:8,11 confuse 126:16 confusion 128:19 connection 145:5 146:1 165:15 consensus 143:3 consent 143:2 considerati on 150:15 considered 155:16 constitute 137:21 Constitutio n 145:15, 18 164:6 constitutio nal 160:13 164:20 constructio n 137:18 content 181:17 continuatio n 126:9 continue 168:6 169:25 Continued 126:1.4 contract 141:12 contractor' s 165:16 convenience 160:21 conversatio n 146:9 180:21 conversatio ns 146:7 Cope 191:14 copies 163:3 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. corn WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM copy 127:21 151:25 158:15, 20,21,22, 23 159:1 174:16 175:4 177:22 Core 184:24 correct 128:3 129:6,19 131:23 133:4 135:17 148:7,12 152:7 153:18 159:2 167:21,22 171:9,19 181:15,17 183:23 186:22,25 187:6 188:7,8 cost 147:16 191:7 costs 146:23 counties 183:19 County 155:13,14 184:2 courses 155:4 court 169:18 179:23 192:3 193:9 courtesy 167:8,15 create 172:18 created 140:8 175:11 curious 151:15,18 custodian 145:7 188:6,10, 15 189:6, 17 190:10,11 cut 151:25 1] date 134:19 135:1,4, 14,18 136:4,9 dated 139:14 175:7 177:25 179:13 181:1 dates 130:8 David 143:23 144:1 day 134:16 139:10 150:16 161:25 165:8 192:16 day -to -day 141:7 days 139:11 deal 156:13 dealing 141:11 14 9: 10 161:12,18 deals 168:21 185:18 186:11 debris 141:22 decided 192:16 decision 166:24 192:23 decisions 156:16, 18,19 157:21 deep 143:7 delegate 155:16, 17,22 deliberate 173:1 Demolition 136:3,5, 17 denied 138:25 Department 141:24 Depending 153:11 deposed 183:8,19 deposes 181:13 deposition 126:1,9 127:19,21 128:2,3 168:16, 24,25 169:7,23, 25 170:16 177:18 180:3,10 182:11 193:18,22 194:2 depositions 184:2 Dering 137:12 152:10 description 129:11 description s 190:25 191:4 Design 158:3 desire 145:23 determine 126:13 165:19 Development 172:7 173:3 difference 152:12 June 19, 2013 Index: copy-dislike 159:8 differently 164:18 DIRECT 126:4 direction 143:1 185:20 directives 143:10,11 directly 165:11 disagree 182:14 discharge 141:22 discombobul ated 126:13 discoverabl e 152:20, 25 153:5 168:7,14, 18 170:10 discuss 131:4 discussion 127:3,16 145:24 discussions 145:20 155:25 156:4,5 disdain 166:9 disengage 173:19 dislike 166:9 ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM dispatch 193:15 displayed 137:20 disrespectf ul 193:8 distribute 149:8 document 129:4,8 130:11 131:5,17 135:9 140:8,9 148:8 156:13 173:18 174:19 175:10 177:2,6, 11 178:4 189:14, 20,21,23 190:18 191:4 documentati on 188:16, 18,19,22, 25 documents 127:9 128:16 145:22 148:21 149:8 157:13 159:3,9 162:1,12, 19 163:3, 7,8,9 171:8,10 176:18 179:21,24 180:1,4 domiciled 187:13 draft 138:23,24 139:25 drafted 138:20,21 140:2 drain 141:12 142:5 drains 142:14 driven 146:14 Duces 174:22 180:3 duly 181:12 duties 141:1,3,5 E e -mail 157:4 161:9 163:14 e -mails 160:5 161:7,10, 11,15 early 158:5 easier 154:1 education 185:20 eight -and- a -half 190:6 Eighteen 143:14 elected 156:6 election 168:1,2 electricall y 163:10 electronic 158:20 162:2,12, 20 electronics lly 163:13 eleven 190:6 Emancipatio n 171:4 employed 145:13 employees 151:12 190:14 employment 145:14 end 169:23 170:15 193:17 endure 150:9 enforcement 143:19,21 144:4 164:1,6 engaged 141:9,11 June 19, 2013 Index: dispatch..experience engagement 137:9 entire 134:8 156:12 entirety 177:21 equating 190:16 errors 192:4 essence 146:13 154:22 established 143:1 144:17,18 estate 191:21 estimates 150:8 evaluate 165:19 event 142:10,14 169:18 evidence 152:21,25 153:5 168:8,14, 18 170:10 examination 126:4 141:12 examination a 141:12 examined 159:5 excluding 180:2 excuse 127:11 128:22 133:25 149:12 155:1 168:5 174:20 179:9 exempt 165:8 exhibit 127:12,19 129:6 132:11, 13,14,15 159:18,20 178:23 exhibits 126:13, 14,17,18 128:1, 134:16 exist 134:3 exists 134:3 expect 145:7 expedition 170:9,17 expenditure s 150:14 154:10 expense 161:8 expenses 147:9 148:10 experience 138:2 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM explain 173:7,8, 140:23 166:8 15 141:6 169:6 150:2,3 feel 127:8 176:15 158:13 169:20 explanation 170:1,7 171:17 169:11,12 172:4 178:15,16 193:10,11 express fees finish 146:10 173:9,11 166:19 expresses fellow 168:11,12 146:12 147:15 170:4 eyes 186:21,24 187:5 F FAA 137:1 fact 152:10 158:23 189:6,13 factual 177:1 189:15 fair 160:7 161:22 163:1 187:4 fairly 142:14 fall 142:6 falls 143:20 famous 183:24 February 129:19 135:2,13 159:21 fee 130:20 felt 166:23 file 137:23 143:6 160:4,8, 10,12,13, 23 161:2, 3,14,16, 20 filed 144:17 176:3 files 176:7 fill 132:19 filled 130:25 131:1 final 135:22 136:5 finally 150:10 finance 150:20 find 138:9 151:17 fine fiscal 154:19 fishing 170:9,16 fits 132:19 flip 176:8 Florida 145:10, 12,15,17 155:9,10 164:5,10, 14,15 175:9 178:2 179:15 flurry 145:22 fly 161:23,25 focus 186:22 Fog 186:6, 8,10 folder 161:10 folks 132:2 192:16 follow 164:5 follow -up 157:15 foot 138:8 form 130:15,16 132:8,12 140:20,21 144:16 175:21 176:24 177:8 180:6,17 182:24 186:14 187:17,21 190:2 192:8,13, 20 193:5, 12 forms 132:22 forum 156:21 forward 154:4 163:16,20 170:3 Fred 130:19 fresh 139:5 front 128:1 fulfill 145:8 fulfilling 146:16 full 144:2,3 fund 152:5 June 19, 2013 Index: explain..give 153:16,22 154:15,22 funding 150:20 153:10,12 funds 152:6 153:13 154:2 G gave 127:13 131:15,17 132:1,7, 8,10,11 general 143:2 146:7 188:5 generally 132 :2 141:7 152:15 157:13 190:10 191:24 generation 154:15 George 186:17 193:10 Ginsberg 143:23 164:1 165:20 give 127:18,20 132:2,5 134:4 167:13 ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM 168:12 169:4,10 176:17 glean 156:15 gold 190:2 good 126:6,7 14 7: 15 185:11 187:1 government 138:3 140:20,21 185:20 great 156:13 grew 155:6 group 155:9 guess 161:13 162:3,16 164:9 192:1 guessing 162:13 guest 146:7 guidelines 164:7,13 Gulf 129:17 150:19 175:8 178:1 179:15 184:10 187:11,19 guys 187:1,2 P9 half 142:20 hall 151:12 192:18 hand 181:2 handbook 190:13 handle 146:22 handled 134:21 Hanna 127:13 179:7 happened 130:21 happy 192:12 harassed 169:21 harassing 170:17 hard 158:21,22 159:1 164:4 hardware 184:15,20 head 157:6 179:1 187:3 heading 129:11 headings 129:14 hear 170:7 heard 136:12 145:25 156:8 171:15 hearing 136:13,22 137:9 156 :20 171:16 hearings 156:17,18 hierarchy 140:11 history 183:3 hit 154:8, 10 hold 181:3 home 137:19 192:25 hope 154:12 hoping 150:9 house 13 8: 8 176:18 hung 180:23 hurricane 142:9 hurricanes 141:21 ICMA I June 19, 2013 Index: glean.. investigate 185:8,9 identical 159:5 identified 129:5 181:12 ill- placed 168:24 inaccurate 150:12 inches 143:7 incident 164:25 165:7 167:3 incidents 165:4 includes 134:9 including 159:10 incorrect 130:7 150:1 increase 148:2,3, 4,9,11 increased 146:23 indicating 139:22 individual 134:21 142:1 167:10 186:15, 16,17,18 187:5 individuall y 165:10 individuals 134:23 186:21,24 information 157:16,20 167:4 177:2 181:14, 15,18 initiated 144:24 input 157:19 inquiry 136:25 151:11 insist 170:2 Inspections 141:21 instances 147:11 instruction s 133:1 intention 161:24 Internation al 185:15, 17 interrupt 149:13 interrupted 142:17 interworkin gs 145:24 investigate 165:19 r ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM invoked 142:22 involved 126:16 issued 134:7,9, 11 135:18 138:19 165:25 issues 169:9 item 134:20 163:23 172:7 items 134:9,22 161:12 J Jersey 155:7 job 167:23 180:16 183:3 jobs 183:5,6 Joel 185:21,24 186:2,4 June 126:2,8 176:2 junk 162:8 jurisdictio n 143:20 Justice 193:9 K kind 127:20 128:21 160:12 162:11 184:14 king 192:4 knowledge 177:1 181:15,18 185:6 188:5 L lack 14 0: 11 Laden 186:17 Land 135:24 136:17 landscape 131:11 late 145:21 law 145:11 156:7,8 164:6,15 laws 145:13 lawsuit 176:3 lawyer 169:5 layman Ia 187:25 188:2 lead 152:20,25 153:4 168:7 170:10 Leaders 184:24 leaf 190:2 League 155:7,10 14 learn 145:23 lecture 16 9: 6 Ledondy 163:14 left 129:11 174:24 left -hand 158:6 legal 145:8 147:7,9 148:2,10 191:22 Lestoil 141:16,18 letter 136:21 138:11, 19,20,21 139:15, 17,21,25 140:1 144:19 169:8 letter's 139:14 June 19, 2013 Index: invoked-making letters 138:24 letting 131:19 168:9 169:22 level 132:8,12, 24,25 133:1,16, 23 134:1, 2 136:8,9 137:8,13, 17,21 173:13 levels 132:21 133:3 150:14 limited 160:16 list 173:22,24 174:1,3,5 listed 134:10 listing 139:22 lived 144:1 LLC 129:18 130:5 location 153:16 long 169:20 177:18 183:25 longer 157:23 loses 160:14 lost 128:23 Loxahatchee 184:7 fyi M.B.A. 190:3 made 135:5 136:24 144:23 156:16,20 174:5 176:3 187:16 191:2 192 :15, 16,18 magazines 162:6,10 mail 162:8 maintenance 142:2,13 make 134:22 136:25 151:11 152:12 166:24 167:23 170:21,24 182:18 makes 175:23 making 157:19 170:6 181:16 192:23 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM manager 140:21,24 143:2 190:15 191:2 managers 155:8 185:17,19 manhole 142:4 manual 156:9 157:25 158:2,3, 14 manufacture r 137:20 Mark 129:17 130:4 Marrett 157:3,4 Martin 174:24 175:5 177:23 179:2,9 181:11 Marty 132:13 139:24 140:7 161:12,18 Material 129:12 matter 152:10 mayor 146:4,10 147:17 191:14, 17,25 mayors 155:8 meaning 150:5 151:24 165:3 174:13 means 153:17 164:10 166:7 meantime 169:13 meet 134:24 meeting 130:12, 13,17 138:12,20 139:18 145:2 146:19,21 147:23 148:21, 23,24 149:9 157:16 175:7 177:25 179:13 meetings 156:22 185:25 member 155:6,15, 20 185:21 Memorialize 144:10 memorialize d 136:18 142:23 method 167:18 millage 154:16 mind 139:5 164:8 190:17 mine 130:3,5 minor 126:14, 17,18 127:19 128:2,5, 10,12,17 129:5 139:16,24 159:4 161:12,18 173:5 174:24 175:5 177:23 179:3,10 180:1,9 minor's 134:15 159:10 minutes 136:20 137:14 142:24 143:5,8, 13,14,15 144:9,20, 25 145:4 misplaced 127:20 missed 143:11 189:16 missing 127:12,13 June 19, 2013 Index: manager..notice 185:14 municipal 185:19 Municipalit ies 155:7 misundersta nding 172:24 moment 136:23 157:3 Monday 126:10 160:3 money 152:9 153:14 154:22 monies 154:21 month 147:22 months 137:2 143:15 185:2 months' 143:8 morning 126:6,7 137:3 165:23 motion 144:22 motivation 169:1 mouth 158:25 moved 137:12 moving 179:20 multiple 138:24 multitude W napkin 190:5 Ned 130:20 net 154:17 newly 156:6 newspapers 162:10 NOB 129:18 130:5 nods 179:1 non- hurricane 142:11,13 non -rain 142:14 nonsensical 182:13 normal 161:25 North 133:15 134:6 174:18 175:8 178:1 179:14 notes 173:4 174:5 notice ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM 167:8,15 179:8,23 136:10 180:2 180:8 138:7 notificatio 181:12,25 occurrences n 146:7 182:7,10, 130:18 16,17 notifying 192:10 139:17 193:14, 146:6 19,23,25 notwithstan oath ding 140:2 145:12 number Object 146:11 175:21 178:23 176:24 numbers 177`8 133:8 180:6,17 150:7 182:24 187:17,21 22 186:11 192:6,13, 0 20 193:5, 12 O'boyle objected 126:5 191:21 127:1,17 128:25 objection 129:1 169:18 132:14 186:14 149:6,15, objections 17 170:13 152:18,22 obligated 153:2,6,8 164:5 160:4,8, 23 161:3, obligation 14,16 164:19 166:21 obligations 168:19,22 145:8 170:20 171:1,3, 23 172:1, 4,6,14 173:2 174:23 175:2,3, 22 176:12,25 177:17,19 178:15 observe 165:16 observed 167:1 obtain 134:5 138:13,14 obtained Ocean 133:15 134:6 174:18 175:8 178:1 179:15 office 134:21 139:5 161:24 officer 143:19, 21,23 144:2,4 164:1,2, 9,10,17 165:20,21 officers 164:25 165:3,5,6 official 167:9 191:3 officials 156:6 open 127:5 156:22 operation 141:8 opinion 181:21,22 182:2,6, 7,12,18, 21 opinions 157:20 June 19, 2013 Index: notification-part-time opportunity 133:1 168 :12 134:4 option packets 148:11 133:3 ordinance pages 144:19 131:24 ordinances Palm 147:25 155:13 organizatio 183:20 184:2 n 185:18, 193:15 22 186:11 oriented paper 151:25 165:20 190:7 Orthwein 191:17 Osama 186:17 outset 127:24 overcharged 187:15,19 Overlay 133:15 134:6 136:18 owner 131:13 136:15,21 166:4,10 owners 173:22 0 package 127:14 132:6 packet 131:22 132:8,25 paragraph 182:3 parcel 173:10 Pardon 141:17 158:18 161:15 165:4 175:25 177:4 179:5 185:7 187:9 188:17,21 189:8 part 127:14 129:8,24 133:7 145:3,12 152:7,8, 173:9 180:16 part -time 144:4 164:2 165:21 183:3,5 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM parts 184:15,18 passed 15 0: 19 past 126:9 patriot 186:13 pay 151:19 payments 163:9 people 145:22 192:17 percent 146:20 162:3,13 167:14.17 percentage 162:11 percentages 162:1 perform 178:8 performance 153:11 performance s 154:3 performed 154:18 178:9 permit 133:15 134:6,7, 11,23 135:11, 14,18,25 136:3,5, 14,17, 137:18 138:13 permits 138:14 personal 166:3,5, 22 167:19 192:1 personally 165:10 181:11,16 personnel 142:13 189:19 190:25 perspective 188:2.4 Phoenix 185:3 phonetic 163:15 191:14 phrase 140:12,13 Phyllis 184:22 picking 189:14 picture 158:6 192:24 pile 128:5,6, 11,12, 17 129:5 159:3,4, 10 piles 128:1 134:16 pipe 142:6 place 136:19 141:10 142 :23 148:6 places 142:24 Plaintiff 129:5 Plan 136:8,9, 17 137:18,21 139:19 point 139:7,9, 13 154:8 168:5 170:2,5, 13 193:20 pointing 192:4 police 164:17 165:3,6, 12,14 policies 141:8 142:15, 22,25 143:3,4, 12 144:14, 15,16,18 190:25 policy 144:15 145:3,5, 11 189:19 political 16 8: 3 pool 137:19 June 19, 2013 Index: parts-produced portion 171:5 portions 156:14 position 146:15 190:16 potential 167:7 pre -app 130:12,16 pre - application 130:12,13 precedent 171:9 prefer 182:4 premises 175:8 178:1 179:14 prepared 173:24 174:13, 14,15 preparing 151:2 prescribed 164:15 presented 144:15 Presently 143:21 preserve 169:17 president's 186:18 previous 154:2,16 previously 183:8 primarily 146:12,17 161:10 163:17 185:19 primary 161:10 prior 147:23 148:20,23 149:9 private 192:17 pro 175:10 problem 167:10 procedurall y 127:2 proceed 131:6 process 136:12 138:13 processes 129:13 177:12 Proclamatio n 171:4 produce 175:17,20 produced 126:14, 15,17,18 139:16 172:10 175:16,23 177:2,7 179:25 180:1 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM June 19, 2013 Index: production.. records production 141:24 142:18, rationale 23 168:21 145:1,6, 19,20 168:25 receipt professions 22 146:5, 151:6 rattled 173:14 1 147:9 14,16,25 160:11 144:7 148:10 147:3,6, 164:4 receive 8,12 166:20 reaction 185:6 project 156:7,16, 171:4 151:2 received 130:23 18,20,21 173:1 read 143:6 129:19 prompt 160:8,10, 177:14 150:16 130:9 137:6 13,16,18, 178:3,4 151:9, 135:2 22 161:2 180:7 152:11 137:23 pronouncing 168:21 181:23,24 186:9 155:2 162:20 171:15 182:1,8, 156:11, 185:3 proper 174:21,23 11,13 12,13 136:10 176:4,21 192:9,21 169:8 recollectio 181:1 n 131:21 property 186:12 questioning 171:3,5 132:17 166:4,10 152:24 174:25 157:24 173:22 pull questions 177:16,21 168:3 137:22 178:12 proposed 152:19 181:4,6 190:12 146:22 pulling 168:13,17 187:23 recommendat 147:25 185:11 169:1 ion 150:12 170:3,8 reading provide Pulte 181:4 137:11 record 150:13 131:8,9 174:20 126:12,24 157:19 137:22 127:3,4, 165:11,14 purpose R ready 15,16 167:6 170:14 150:20 136:21 174:16 raise real 160:18 175:4 pursuant 170:12 191:21 179:24 177:22 174:19 189:6,18 raising Realtor provided put 157:14 169;9 191:14,17 records 131:5 158:25 134:20 134:23 161:19 Randolph reason 145:6,8, 135:19 127:20 181:19 22 146:5, 136:7 Q 128:22 reasonable 14,16,23, 138:11 - 132:13 167:13 25 147:3, 148:22 160:12 6,8,13 qualificati 168;22 recall 165:8,12 156:7 167:4 on 147:4 171:24 143:17 172'2 146:19 159:21 providing qualifying 149:20,21 160:8,10, 157:20 147:3 177:17 22 152 :8 13,16,22 180:17 public question 181:24 182:25 161:2 134:20 127:7,22, 182 :5 183:12 172:21 24 138:1 185:5,10 174:15, 136:13 141:4 rate 191:4,22, 21,23 137:9 154:16 176:5,17, ESQUIRE 800.211. DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM 21 177:11, 16,20 181:1,14 186:12 187:15 188:7,11, 15 190:11 recuse 166:23 Red 157:22 refer 174:11 references 191:1 referred 153:22 157:25 referring 139:24 148:22 158:12 171:7 refrain 168:17 regard 148:24 172:21 174:18 175:6 177:24 179:12 registered 165:17,20 relate 163:21 related 161:11 168:14,18 relates 146:13,15 156:6 163:8 relay 144:8 relevance 170:12 remember 143:18 146:21 147:24 154:25 158:9 162:19 168:2,4 173:11 183:1,4 184:8 188:10 remove 141:22 repeat 153:21 report 147:21 165:7,9, 11, 13,24 167:3 173:21 174:12 178:20 reporter 150:21 reporter's 179:24 reports 164:25 174:16 175:4 177:22 request 134:20 135:5,6, 13 136:1 138:25 139:1 142:12 146:5,8 147:13 157:15 159:21 160:22 172:21 174:16, 19,21,23 176:2,5, 17,21 177:11, 16,20 178:5,12 161:1 187:16 requested 134:25 138:15 171:5 174:19 requesting 163:9 requests 145:6 146:11, 14,16,23 147:1,3, 6,8 required 134:5 147:11 153:12 162:16 requirement s 129:9 164:6,21 requisite 138:7 June 19, 2013 Index: recuse..Rita's requisition ing 186:12 reserve 148:5 151:21,23 resident 166:22 167:5 187:8,10, 13 residents 156:19 residents' 154:22 resolution 138:3 144:19,22 148:8 151:20 152:4 resolutions 147:25 148:22 150:13 respect 167:20 respond 127:7 137:3,7 150:25 176:14 responds 176:16,21 response 137:2 165:22 175:14 180:5 responsibil ity 167:5 responsible 154:14 responsive 170:23 172:16, 17,20 175:19 177:11 178:4,11 180:4 rest 130:5 restroom 149:13 result 146:23 results 136:22 138:12 139:17 retired 144:2 revenues 154:17 review 129:12 134:22 136:8,9, 17 137:18,21 139:19 reviewed 130:19 146:18 ring 157:25 158:2 Rita 138:22 14 0: 10 163:3,15 Rita 's 130:3,4,9 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM road 168:6 roads 142:1 roof 137:19 round 155:25 156:4 rows 129:10 RUDOLPH 126:24 127:2,4, 6,15 149:12 152:18,23 153:3 162:16 166:19 168:5,20 169:16 170:23 171:2,25 172:3,13, 19 174:20,25 175:21 176:8,11, 24 177:8 178:13,16 180:6 182:14,24 186:14 187:17,21 192:6,8, 13,20 193:5,12, 17,21,24 run 153:9 Is salary 191:6,7 Santa 153:7 saves 185:11 savings 151:21, 23,24 152:1 Scalia 193:10 scanned 162:5 schedule 173:9,11 scoundrel 166:13 seasoned 169:5 seconded 137:13,17 144:23 section 132:20 158:3 seek 167:9 seldom 150:23 seminars 155:25 156:3,5 send 169:8 sensitive 147:18 sequence 130:21 serving 144:3 CjESQUIRE set 141:9 142:15,22 sewer 141:20 142:6 shakes 157:6 187:3 share 128:21 146:3 sheep 190:4 sheet 132:25 190:6 shock 148:14,17 149:1,3 shocked 148:25 short 149:16 180:21 show 126:22,23 133:13,14 138:6 showing 143:6 sic 143:13 154:25 183:2 side 158:6 192:25 sight 169:23 sign 165:25 signed 140:9 174:1 signs 168:3 191:21 simply 143:1 167:16 172:22 single 132:24 air 186:23 sit 169:6 Site 136:8,9, 17 137:21 situation 146:6 157:5 situations 145:2 size 132:19 skins 190:4 someplace 145:9 sort 160:20 170:15 192:1 sound 133:25 speak 150:21 185:16 speaking 141:7 157:13 June 19, 2013 Index: road-started specific 142:25 146:8 specificall y 143:17 146:25 147:2,5 speech 170:18 speeches 168:23 170:6 speed 181:5 spend 152:13 154:12,13 spoke 158:14 spoken 180:9 staff 173:21 174:11,13 stamp 12 9: 19 standpoint 187:25 Stanley 137:12 staple 126:23,24 Star 150:17,22 start 126:11 14 5: 13 148:7 183:21 started 800.211. DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM Index: June 19, 2013 starting-Timothy 131:2 storm 144:2 Tecum 177:12 134:16 141:12,20 145:17 174:22 186:5,8 159:4 142:5 164:9,10, 180:3 193:10 161:9 17 181:12 Stream Ted 130:19 thoughts 170:22 183:2,22 129:17 symposiums telephone 169:1 150:19 155:25 184:3 167:16 Thrasher 175:9 156:3 starting 178:2 telling g 126:1,6 127:11,18 145:23 179:15 190:14 T 128:3,6, stated 184:10 term 164:9 10,11,17 132:2 187:11,19 192:2 129:4 table 145:11 street 155:25 terminate 141:25 151:5 142:1 156:4 168:16 149:20 152:15 176:19 169:19 159:3 statement strike takes 170'2 171:7 177:18 173:23 181:9 137:3 terminology 174:9,10, 187:14 stuff Taking 153:15 17 175:5 189:5,7, 180:2 9,11 162:11 testifying 177:23 submitted talk 172 :15,25 179:3,10, statements 156:22 180:25 157:19 130:18,19 170:7 thing 181:2,10 159:22 180:12 136:2 182:19 states 189:20 Subpoena talked 138:8 190:14,15 172:22 154:24 164:21 191:6 stating 174:21 175:1 158:22 talking Thrasher's Sunshine things 176:18 139:15 Statute 156:7,8 126:16 145:10 158:14 151:24 131:6 time 170:7 134:5 132:10 statutes superior 172:20 144:8 136:13 145:13 142:7 180:4 160:20 139:8,9, 164:6 Supreme 183:3 176:16 13 143:25 statutory 193:9 190:21 185:14 144:2,3 164:20 talks 148:24 surplus thinking 171:8 149:1 stay 154:2 168:10 150:21, 160:24 surpluses taxpayer thought 22,24 stepping 154:18 154:11, 127:13,23 153:2 192:3 13,17 138:10 156:25 surprise taxpayers 142:18 157:1 stop 168:8 150:16 154:9,14 144:10 167:13, store swimming 149:14 14,17 Taylor 184:16, 137:19 159:16 191:22 18,20 140:10 168:9 sworn 188 :6 Timothy 175:17,19 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II O'BOYLE vs. TOWN OF GULF STREAM 129:17 167:10,19 typically 130:4 190:11, 165:23 titles 13,15 167:8 191:2,3,7 153:13 129:14 today track U 170:14 153:16,22 126:8 172 :3 154:15 153:18 Uh -huh 159:4 train 139:10 160.23 149.14 told transmitted 144:12 148:18 193:9 trial 170:12 Tom 163:14 troubled top 192:5,11 129:12,16 133:7 total 14 9: 24 150:9 town 129:17 135:19 136:16 138:22 139:21 140:16, 19,24 141:1,8 144:3,7 145:24 153:12 154:21 156:20 157:22 165:18 175:6 177:24 179:13 true 135:24 181:14, 17,20 trust 154:22,23 turn 150:11 turned 159:22 type 137:20 139:6,7 157:25 161:4 167:17 173:4 typed 190:7,9 typewritten 129:9 ESQUIRE unaware 149:9 underneath 129:17 undersigned 181:11 understand 133:24 137:25 145:21 149 :5,7, 160:11 169:3 175:18 181:22 188:1 understandi ng 154:1 188:3 unfunded 152:9,11 unilaterall y 169:14, 17 unknown 135:14 unreserved 153:13 unsuccessfu 1 182:23 W Variance 136:17 vehicle 165:16,17 verbal 165:22 verificatio n 181:17 Verified 181:6,8, 9,13 view 165:8 violation 165:25 166:23 167:2,7, 10 168:4 vote 139:2,3,4 144:21 voted 137:20 14 8: 9 voting 155:17,22 W wait 128:9,13 137:1 wall 161:23,25 June 19, 2013 Index: titles..words wanted 157:16 163:22 168:11 192:19 wanting 146:14 168:15 war 150:20,21 151:1,2 Washington 193:10 Watch 186:6,9, 10 wear 149:1 Wednesday 126:8 week 139:10 148:23 whatsoever 145:21 William 126:1 174:17 175:5 177:23 179:3,10 wonderful 168:23 woodworker 183:4 word 136:10 144:8 words 152:14 158:24,25 189:13 800.211.DEPO (3376) EsquireSolutions. com unappropria 168:11 transcript ted 152:5 169:24 169:9 153:13 170:1 179:25 transmittal unassigned 136:21 153:16,22 toes 192:3 154:15 told transmitted 144:12 148:18 193:9 trial 170:12 Tom 163:14 troubled top 192:5,11 129:12,16 133:7 total 14 9: 24 150:9 town 129:17 135:19 136:16 138:22 139:21 140:16, 19,24 141:1,8 144:3,7 145:24 153:12 154:21 156:20 157:22 165:18 175:6 177:24 179:13 true 135:24 181:14, 17,20 trust 154:22,23 turn 150:11 turned 159:22 type 137:20 139:6,7 157:25 161:4 167:17 173:4 typed 190:7,9 typewritten 129:9 ESQUIRE unaware 149:9 underneath 129:17 undersigned 181:11 understand 133:24 137:25 145:21 149 :5,7, 160:11 169:3 175:18 181:22 188:1 understandi ng 154:1 188:3 unfunded 152:9,11 unilaterall y 169:14, 17 unknown 135:14 unreserved 153:13 unsuccessfu 1 182:23 W Variance 136:17 vehicle 165:16,17 verbal 165:22 verificatio n 181:17 Verified 181:6,8, 9,13 view 165:8 violation 165:25 166:23 167:2,7, 10 168:4 vote 139:2,3,4 144:21 voted 137:20 14 8: 9 voting 155:17,22 W wait 128:9,13 137:1 wall 161:23,25 June 19, 2013 Index: titles..words wanted 157:16 163:22 168:11 192:19 wanting 146:14 168:15 war 150:20,21 151:1,2 Washington 193:10 Watch 186:6,9, 10 wear 149:1 Wednesday 126:8 week 139:10 148:23 whatsoever 145:21 William 126:1 174:17 175:5 177:23 179:3,10 wonderful 168:23 woodworker 183:4 word 136:10 144:8 words 152:14 158:24,25 189:13 800.211.DEPO (3376) EsquireSolutions. com WILLIAM H. THRASHER, CGFO Vol. II June 19, 2013 O'BOYLE vs. TOWN OF GULF STREAM Index: work-yesterday work 160:3 164:7,12, X 19 171:23 172:1 X's 133:8 184:22 worked 184:9 Y working 183:21,22 Year 154:19 184:3,4,6 191:13 Works 141:24 Years 137:22 worth 143:25 143:8 144:6 write 154:16 157:3 191:23 writing years' 129:16 154:3 130:1,4, yesterday 9,10 154:25 178:21 160:3 writings 162:19 174:16 183:2 175:5 177:23 written 142:25 143:4,5 144:15, 16,18 145:3, 157:9 165:24 190:4 wrong 131:21 132:18 164:11 190:16 wrongfully 169:10 ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com