HomeMy Public PortalAbout08/12/1988TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS COMMISSION MEETING
AUGUST 12, 1988
WILLIAM F. KOCH, JR.. Mayor
ALAN I. ARMOUR, Vice Mill
JAMES E. CROSS 9 A.M. AGENDA COMMISSION CHAMBERS
JAMES T. SKELLY, JR.
LAWRENCE E. STAHL Please be advised that if a person decides to appeal any
decision made by the Town Commission with respect to any
matter considered at this meeting or hearing, such persons
will need a record of theses proceedings, and for this
purpose such persons may need to ensure that a verbatim
record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be
based. The Town does not provide or prepare such record.
1. Roll Call.
2. Approval of Minutes.
3. Financial Report.
4. Police Report.
5. Planning and Zoning Board Report.
1. Second Preliminary site plan review by Mr. and Mrs.
Mitchell Denberg.
A request to remove an existing residence and replace
with a single family residence. 1221 N. Ocean Blvd.
2. Site Plan Review.
Mr. and Mrs. Larry Stahl
555 Palm Way
A request to add an addition to an existing single
family residence.
3. Site Plan Review.
Mr. Jim Sherman
Lot 64 -915 Emerald Row
Place Au Soleil
Request a variance for an addition to a single family
residence.
4. Site Plan Review
Mr. John Charlton
1410 N. Ocean Blvd- McLouth Sub. Lots 1 -1A
A request to remove an existing boat hoist and
replace with two boat hoists.
5. Legal opinion regarding addition request by Mr.
Don Walsh, Lot 90 -915 Orchid Lane.Place Au Soleil
Single floor living quarters for mother.
6. Commission Comments.
7. Public Comments.
8. Adjournment.
L
MAIL ADDRESS
100 SEA ROAD
GULF STREAM, FLORIDA
33483
TEL: GULF STREAM
(40732711-5116
Town Manager
WILLIAM E. GWYNN
A3sletanl Town Manager-Town Clerk
BARBARA GWYNN
Chief of Police
JAMES GREER
TOWN OF GULF STREAM
Financial Report
August, 1986
OPERATING ACCOUNT
Balances 7/31/88 $ 47,510.57
Deposits 105,414.80
Withdrawals 94,359.65
Balances 8/31/88 58,565.52
Receipts
FL Revenue Sharing
2,993.00
Fines
933.26
Licenses
511.28
Water
23,517.75
Trash
9,326.26
Half -cent Sales Tax
2,396.94
Other
252.48
Permits
968.15
Cigarette Tax
181.14
Damage reimbursements Gas Tax Rebate
184.93
County Gas Tax
1,567.53
Electric Franchise
11,612.67
Emergency Medical Service
275.00
Sale of police car
566.66
Transfer from MM Account
50,000.00
Interest
127.55
TOTAL 105,414.80
Invested Funds
General Funds
184,912.04
Water
64,677.70
Dredging
14,296.71
Sinking
2,747.49
FINANCIAL REPORT (Cont'd.) Page 2
August, 1988
#5825
Void
.00
'•26
Void
.00
27
Town of Gulf Stream
Payroll
8,711.50
5858
Barnett Bank
Social Security & Withholding
4,150.48
5829
Delray Credit Union
Employees
1,543.66
5830
U.S.C.M.
Deferred Comp.
831.00
5831
Scott Electric
Emergency Lights, Town Hall
718.00
5832
Earl Harvel, III
Meter Reading
385.00
5833
Town of Gulf Stream
Payroll
10,386.70
5834
Barnett Bank
Social Security & Witholding
4,978.00
5835
Delray Credit Union
Employee
1,543.68
5836
U.S.C.M.
Deferred Comp.
831.00
5837
Aid to Traffic
Public Works
107.00
5838
Atlantic Ref. Inc.
Service Air Conditioner, Town Hall
80.04
5839
James Butkus
Engineer - Putte - to be reimbursed
349.52
5840
Tel -Page Palm Beach, Inc.
Public Works, Police Dept. pager
74.00
5641
Broward -Palm Beach Tractor Co.
Public Works
74.09
5842
Convention Cassettes Unlimited
Shipping charge
7.00
5843
County Sanitation
Trash Disposal
2,390.20
5844
Costin's Flowers
Former Police Comm. Bettison
43.50
5845
Doctors Answering service
Telephone
86.00
5846
City of Delray Beach
Water
714.26
5847
Edgar Office Supply Co.
Police Dept.
461.75
5848
Easy Pay Tire Stores, Inc.
Police Dept.
872.05
5849
Florida Power & Light
Street lites 954.65; T.H. 503.14; Police 335.04
Compactor 15.35.
1,808.18
5850
F1. Mun. Health Trust Fund
Employee Health Insurance
2,127.60
31
William E. Gwynn, Acctg.
Car Allow. 300.00; computer 580.00; Acctg.240.
1,120.00
5852
Hand's Office Supply
Town Hall
20.40
5653
Harvel & DeLand
Water Maintenance & Repair July, 1988
270.00
5854
Manhattan Trophies
One Plaque
31.75
5855
Max Davis Associates
Copy machine supplies
66.15
5856
Purity Uniform
Public Works
179.75
5857
The Palm Beach Post
Bids for Police Vehicle
30.28
5858
Resource Eng. & Planning, Inc.
Comp. Plan
513.70
5859
Atty John Randolph
Attorney Fees
1,775.50
5860
Standard Sanitary Supply, Inc.
Supplies Town Hall
81.20
5861
So. Building Code
Annual Membership
40.00
5862
Smith Brother's
Police Dept.
39.80
5863
Clarence Bova
Town Hall Supplies
81.20
5864
Southern Bell Co.
Town Hall - Sanit.
280.95
5865
White Palms Fire Equipment
Re- charge fire extinguisher
158.50
5866
Bill Wallace Ford
Police Dept.
233.10
5867
Bo -Del Printing
Printing
814.40
5868
City of Delray Beach
Water
9,036.50
5869
News of Delray Beach
Ad - Variance
22.50
5870
Richard Brandt
Code Enforcement Officer
800.00
5671
Radio Shack
Police Dept.
13.95
5872
Palm Beach Junior College
School - Certification new police officer
90.00
5873
So. FL. Laundry & Drycleaners
Police Dept.
126.50
FIANCIAL REPORT (Cont'd.)
August, 1988
#5874 Kerry Security System
5875 Sunstate Cleaning Service
76 County Sanitation
Do77 Terry Shoeman
5878 Broward Radio Comm.
5879 Bo -Del Printing
5880 National Distribution Center
5881 City of Delray Beach
5882 Anne Ford
5883 Town of Gulf Stream
5864 Delray Municipal Credit Union
5885 Barnett Bank
5886 U.S.C.M.
5887 I.D.S. Pension Fund
Page 3
Security Services
60.00
Reimburse by Modern Roofing
65.00
September, 1988
5,982.9
Consultant for Computer, Police Dept.
110.05
Police Department
149.50
Printing
143.80
Supplies for Computer Police Dept.
288.84
Water
3,911.98
Secretary services
105.00
Payroll
15,080.46
Employee
1,493.68
Withholding and Social Security
4,272.10
Deferred Comp.
788.00
Employee
2,788.23
TOTAL
94,359.85
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E
TOWN OF GULF STREAM
PALM BEACH COUNTY. FLORIDA
COMMISSIONERS
MAIL ADDRESS
100 SEA ROAD
WILLIAM F. KOCH, JR., Mayor
GULF STREAM, FLORIDA
ALAN I. ARMOUR, Vice Mayor
33483
LAWRENCE E. STAHL
TO COMIZSSION MEETING
WN
TEL.'. GULF STREAM
2765116
JAMES T. SKELLY, JR.
JAMES E. CROSS
Town Manager
S.
WILLIAM E. GWYNN
Assistant Town ManagerTown Clerk
BARBARA GWYNN
August 12, 1988
Chief of Police
JAMES GREER
The meeting was called to order at 9:00 a.m. by the Hon. William F. Koch, Mayor.
1. Roll Call
Present: William F. Koch, Jr. Mayor
Alan I. Armour Vice -Mayor
James E. Cross ConmLissioner
Lawrence E. Stahl Commissioner
Also present: William Gwynn Town Manager
Barbara Gwynn Town Clerk
William A. Mayer Chairman, Planning & Zoning Board
John Buchan Acting Chief of Police
Richard Brandt Code Enforcement Officer
Scott Hawkins, Esq. Town Attorney's Office
Mel Schwartz, Esq. Attorney for Mr. Denberg
J. Moore, Esq. Attorney for Mr. Abbot
Howard Coates, Esq. Attorney for Mr. Walsh
Martin Cousino Architect for Mr. Walsh
Absent: James T. Skelly, Jr. Ca aissioner
2. Minutes
on motion duly made and seconded the Minutes for the meeting of July 8, 1988
and for the Budget Workshop meeting of July 18, 1988 were approved.
3. Financial Report
Mr. Gwynn's report for the month of July noted receipt of the final real
estate taxes under fiscal year 1987 /88 and that funds are available for
the operation of the Town through the first two months of the new fiscal
year i.e. October and November, as tax receipts will begin approximately
December 1, 1988. on motion duly made and seconded the Financial report
was accepted as presented.
Town Commission Meeting
August 12, 1988
Minutes
Page Two
4. Police Report
Acting Chief John Buchan gave the report for the month of July. Mr. Gwynn
read from the report of the independent Tallahassee law firm investigating
a matter involving Chief of Police James Greer and Captain John Buchan -
The investigators concluded that neither Chief Greer nor Captain Buchan
had cannitted any action contrary to their employment relationship with the
Town of Gulf Stream for which they may be disciplined. The report is
complete and no action is recommended.
5. Planning and Zoning Board Report
a. Second Prelimu ary site plan review by Mr. and Mrs. Denberg, 1221 North
Ocean Blvd. Request to remove an existing residence and replace with
a single family residence.
All parties having been heard including those in the audience, and all
documents and maps having been examined, the Town Commission took no
action. Mayor Koch requested all parties work out the problem between
themselves and then come back to the Commission.
b. Site Plan Review. Mr. and Mrs. Iarry Stahl, 555 Palm Way. Request to
build addition to an existing single family residence.
Mr. Stahl abstained from participating in discussion and /or voting
in accordance with the laws of Florida, Statute 112.3143, pertaining to
conflict of interest and he has filed said Statute Form 8B which is
attached hereto and made a permanent part of the records of this
meeting.
On motion duly made and seconded the Town Commission accepted the
recommendation of the Planning & Zoning Board to approve this request.
c. Site Plan Review. Mr. Jim Sherman, Lot 64 -915 Emerald Row, Place Au
Soleil. Request variance for addition to a single family residence.
Mayor Koch stated for the record that he would abstain from discussion
and voting in this matter in accordance with the Laws of the State of
Florida, Statute 112.3143 pertaining to conflict of interest, and would
submit Form 8B to be attached hereto and made a permanent part of the
records of this meeting.
There being no objection on advertisement and approval received from
the Place Au Soleil Home owner's Association the Town Commission on
motion duly made and seconded approved this request.
G>)
Town Commission Meeting
August 12, 1988
Minutes
Page Three
5. Planning and Zoning Board Report (continued)
d. Site Plan Review. Mr. John Charlton, 1410 N. ocean Blvd. - McLouth
sub. Lots 1 -1A. Request to remove an existing boat hoist and to
replace with two boat hoists.
On motion duly made and seconded the Town Commission accepted the
recommendation of the Planning and Zoning Board to permit Mr.
Charlton to remove the existing boat hoist and to build two other
boat hoists within ninety (90) days.
e. legal opinion regarding addition request by Mr. Walsh, Lot 90 -915
Orchid Lane, Place Au Soleil, second floor addition for mother's
quarters.
On request of Commissioner Stahl Mr. Gwynn read the legal opinion,
as previously requested by the Commission, from John Randolph, the
Town Attorney, said opinion is made a permanent part of these Minutes.
On request of Howard K. Coates, Attorney for Mr. Walsh, Mr. Gwynn
read a letter from Mr. Coates, dated August 11, 1988 and addressed
to Mr. Gwynn, said letter is made a permanent part of these Minutes.
All parties having been heard and the history of this action reviewed,
the Commissioners, on motion duly made and seconded, approved the
proposed addition to the above noted residence.
6. Presentation of Plaque.
Mr. Mayer, Chairman of the Planning & Zoning Board, presented a
Plaque to Mrs. Thomas Brandt in honor of her husband's service
to the Town of Gulf Stream.
7• Review of Drainacre Retention Provisions - Pulte Residence
Mr. Gwynn reported on a letter from James A. Butkis & Associates
pertaining to the noted drainage problem, said letter is made a part
of these Minutes. Necessary performance is acknowledged by the
architect and engineers. Planning and Zoning will follow -up on this
matter.
8. F.I.N.D. Property Acquisition and Development
Mr. Gwynn read correspondence from Mr. Dittman which included a
Memorandum to the Town Commissioners outlineing subject plan.
Noting the meeting of Thursday, August 18, 1988 in Jupiter on this matter,
Mayor Koch presented all possible solutions. Discussion ensued on
presentation to F.I.N.D. Those attending the meeting will leave from
Town Commission Meeting
August 12, 1988
Minutes
Page Four
8. F.I.N.D Property Acquisition and Development (continued)
the Town Hall at 9:15 a.m. on August 18, 1988. Supporters of the
Town's position will be contacted to attend the meeting.
There being no further business the meeting was adjourned at 10:40 a.m.
Town Clerk
GULF STREAM POLICE DEPARTMENT
* * ** MONTHLY ACTIVITY REPORT * * **
* * **
(- "TH: JULY
SPORTED CRIMES INVESTIGATIONS PENDING: 0
: 0
DLICE SERVICE CALLS
: CIVIL ASSIST 6
: DOMESTIC 1
: PUBLIC SERVICE 5
: DISTURBANCE 3
: INFORMATION 1.
SUSPICIOUS INCIDENT 6
ASSIST OTHER DEPARTMENTS 3
TOWN ORD. VIOLATIONS 3
LARM CALLS: 57
:DICAL ASSISTS: 0
ERE CALL ASSISTS: 0
)TAL CALLS FOR THE MONTH: 89
ACCIDENT INVESTIGATIONS: 0
*ARRESTS*
MISDEMEANOR: 0
FELONY: 0
D.U.I.. 0
CITATIONS: 31
WARRANTS: 0
YEAR: 1988
r..R'k*'A'*'Yt*�4 Yt Yt �Y Y(9t *ir kit* *Yt Yt tt Y[9t tk SCHOOLS AND TRAINING
,ASS TITLE: N/A
kTE(S)
?FICER(S)
DATE(S):
HOURS OF TRAINING:
JAMES W. GREER /CHIEF OF POLICE
IOLICE SERVICE CALLS CONT...
1: TRAFFIC COMPLAINTS 2
I: UNATTENDED DEATH 1
.: FOUND PROPERTY 1
CAPT. JOHN C. BUCHAN /ACTING CHIEF
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FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME — FIRST NAME— MIDDLI, NAME I NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Koch William F. Jr.
,LING ADDRESS
545 Golfview Drive
12, 1988
C'OU N'rY
THE BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE
WHICH I SERVE IS A UNIT OF:
X ('I IY ('COUNTY OTHER LOCAL AGENCY
NAhlE OF POLITICAL. SUBDIVISION:
Town of Gulf Stream
MY POSITION IS
WHO MUST FILE FORM 811
X ELECTIVE APPOINTIVE
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
Which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
bu should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
I Inuki.0 "I-
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minus
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, William F. Koch, Jr. , hereby disclose that on August 12, 19 88
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Real Estate Broker for
Mr. Jim Sherman
Lot 64 -915 Emerald Row
Place Au Soleil
Item 3 under Planning and Zoning Board Report.
Request for a variance to add an addition to existing residence.
Date Filed
Signature
, by whom 1 am retained.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRL..
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 8B I0-86 PAGE 2
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
OF LOCAL OFFICER'S INTEREST
Lawrence E. Stahl hereby disclose that on August 12, 19 88
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
, by whom I am retained.
Owner of residence 555 Palm Way— Request to construct an addition to existing home.
Item #2 under Planning and Zoning Board Report.
Date Filed
Signature
:NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
'E FORM 89 - ❑ -86 PAGE 2
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME I NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Stahl Lawrence E Commission
MAILING .ADDRESS THE BOARD, COUNCIL. COMMISSION. AUTHORITY, OR COP
WHICH I SERVE IS A UNII'OF:
555 Palm Way XCI I COUNTY OTHER LOCAL AGENCY
CITY COUNTY
Gulf Stream Palm Beach NAME OF POLITICAL SUBDIVISION:
Town of Gulf Stream
DATE ON WHICH VOIL OCCURRED MY POSITION Is'
August 12, 1988 X ELECTIVE APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible It
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
t t 1 ORYI rn In�Pb PAGE I
TELEPHONE 52$0013
STATEMENT
DR. G. RAYMOND DONATY. SR.. P. A.
SOMERSET MEDICAL ARTS BLDG.
242 UNION AVENUE P.D. Box #S37
SOMERVILLE. N. a 09e76
�!esn��f7 r_i
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida
Att: Barbara Gwynn
FOR PROFESSIONAL SERVICESi
Dear Mrs. Gwynn;
We are the owners of 1.267 N Ocean Blvd.
It has come to our attention that some
problems arrise in the sale of a home
across from ours,owned by Mr. & Mrs. Dejka,
and the buyer.
There is an apparent problem regarding
easments and variences. We would hope
that the township of Gulf Stream would
supply us with theeproper facts and
figures.
Thank you for your attention in this matter.
S 1nCr.7•rr iy,
1
�i� / To ` Aj c 0 J
.. aq
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
MAIL ADI)IIF SS
100 SEA ROAD
GULF STREAM, FLORIDA
37483
TFI. GUIF Fi RIAM
(401) 21r, 5116
sown Manayal
WILLIAM E GWYNN
Alehl Town MAnayw Tnwn Cl,
BARBARA GWYNN
CObI of Police
JAMES GGFER
NOTICE TO RESIDENTS TOWN OF GULF STREAM
The following variance has been requested pursuant to
Section VII R.S. Residential Single Family District
K.1. Side Yard Required.
A request to reduce the north side yard setback requirement
from fifteen feet (15') or fifteen percent (15%) whichever
is greater to fourteen feet five inches (14'5 "0 in order
to add a bedroom to an existing single family residence.
Lot 64 -915 Emerald Row -Place Au Soleil.
The Town Planning and Zoning Board will review this request
at its regular meeting on Wednesday, August 3, 1988 at 9 a.m.
at the Gulf Stream Town Hall, 100 Sea Road, Gulf Stream.
The Town Commission sitting as the Board of Adjustment will
conduct a public hearing at 9 a.m. Friday August 12, 1988
at the Gulf Stream Town Hall, 100 Sea Road. All interested
parties will be given an opporltunity to be heard.
Barbara Gwynn
Town Clerk
July 28, 1988
Barbara Gwynn, Town Clerk
Gulfstream Town Hall
100 Sen Road
Gulfstream, Fla. 33483
Dear Barbara:
We are writing in regard to your meeting on August
3rd, 1988 on the proposed building plan for the property
located at 1221 North Ocean Blvd, Gulfstream, Fla.
33483.
We are one of the three landowners on the cul -du-
sac, common driveway on all of our property, created by
the easement recorded in Deed Book 639 - page 447, each
owner giving up all rights on a portion of his property
to be used as common property for the easement.
The plan submitted by Mr. Denburg, shows an encroachment or
infringement on this easement by his house, wall,
swimming pool, patio, whirlpool, entrance -way, walk and
private driveway to the garage.
Please be advised that we, as landowners at 1255 N.
Ocean Boulevard, Gulfstream, Florida 33483, who use this
easement, do object to any encroachment or infringement
by any landowner or potential landowner on this
easement.
,Sincerely, f
L
Ethel G. Abbott
Howard C. Abbott
PLACE AU SOLEIL
P.O. BOX 2374
ASSOCIALTION, INC.
Delray Beach, FL 33483
July 1, 1988
Town Commissioners and Planning Board
Town of Gulf Stream
Gulf Stream Governmental Center
246 Sea Road
Gulf Stream, Florida, 33483
RE: Proposed Addition
Lot 90, Place AU Soleil
915 Orchid Road
Sam G. Gillotti, C.E.
Job No. 88 AI09 -3
Gentlemen:
The Association's Architectural Review Committee has
reviewed the most recent plans drawn for the referenced proposed
addition, same being the job number referenced above.
The Committee has no objection to the proposed addition
relative to external architecture and aesthetics of the addition
and to that extent approves of the plans, subject to approval of
a landscaping plan to the extent any existing trees would be
removed.
The present Association Directors having heretofore
determined that the purview of its plans approval process should
not include the interior of dwellings, the Committee is unable to
disapprove the subject plans on the basis of the interior layout.
However, the Committee would again express its deep'cbncern
that the proposed addition lends itself to being utilized in the
future as a separate living unit for unrelated parties. While we
have no objection to the owner's stated intent to provide housing
for his mother, the fact remains that the entire building is
clearly "designed to accommodate two (2) families living
independently of each other ", and, hence, would appear to•fall
square within the definition of a "Duplex" under Paragraph A 57
of Section IV of the Town's Zoning Code. Accordingly, it would
become a non conforming structure, if not a non conforming use,
in the "RS" zoning district. In reviewing the zoning code it
appears that separate accessory buildings with cooking and bath
facilities are perm4tted in the "RS" district, but that separate
quarters within the same building as extensive (facility -wise) as
these proposed, would not be allowable unless there is a
reduction of the additional facilities with the residence of
which they are to become a part.
These are matters that have to be addressed by the Town and
not this Association. However, in the spirit of being helpful we
would suggest that the Town consider whether,
1. A modification of the ground floor plan in accordance
with Exhibit A, attached, to provide for integration of and
access to the "apartment" with and from a slightly enlarged
family room (windowed in such a way to prevent future erection of
interior walls which would allow ingress and egress to and from
the "apartment" from other than through the main home), or
2. Removal of separate kitchen and laundry facilities from
the second floor,
would result in a building that wouldn't be defined as a duplex
or lend itself to being rented out by future owners.
Very truly yours,
Robert A. Dittman
For The Architectural Committee
�� I
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Al A
July 27, 1988
Town of Gulf Stream
City Commisioh
100 Sea Road
Gulf Stream, Florida
Architectural Room Additions • 42S-31 SS
33483
Re: Addition to Residence for
Mr. Don Walsh
915 Orchid Lane
Gulfr.Stream, Florida
Gentl6men:
Please review the following sections of Gulf Stream, Florida,
zoning ordinance, part 2.
We have separated out the particular zoning ordinance which
clearly shows that a blood family member, as in mother, is
an allowable non - paying guest which entitles her, under the
term family, to live in an accessory strructure containing
bedrooms with cooking and bathing facilities.
Sincerely,
A1A RCHITECTURAL� ROOM ADDITIONS
Martin J. Cksino
MJC /sbc
Attachment
cc: Mr. Richard Brandt
Code Enforcement Officer
Mr. John C. Randolph
City Attorney
Mr. Don Walsh
1172 ScuthwestlstTerrace • Deerfield Deach, IFlcrida 33441
62. Z�JwjIDj_q .Lingle -Fam kL. A building designed for or
occupied exclusively by one family.
63. Dwelling Twg- Famlly. See Duplex.
64. Dwelling Unit. One (1) or more rooms in a residential
building or residential portion of a building, which
and
arranged, designed, used or intended for family purposes
which include lawful cooking space and lawful sanitary Occupants
facilities reserved for the use of the single family P
thereof.
65. Eaagment.. Authorization by a property owner of the use by
another and for a specified purpose of any designated part of
his property.
66. Elevated Building. A non - basement building built to have
of
the lowest floor elevated above the round level columns
fill, solid foundation perimeter walls, pilings,
(posts and piers), shear walls, or breakaway walls. (Ord. No.
67 -3, S. 1, 5- 15 -87).
67, Erect. To build, construct, attach, hang, Place, suspend,
or affix, and shall also include the attachment of wall signs.
68. Family. One <1> or more persons related by blood,
marriage, adoption, or guarcianship, or not more than three
(3) persons nqt so related, Dccupying a dwelling unit and
living as a single housekeeping unit in a dwelling.
69. Flood or Flooding. A genera.. and temporary condition of
partial or complete inundati-11 of normally dry land areas
from:
a. the overflow.of inland or tidal waters;"'
b. the unusual and rapid accul%•jlation or runoff of surface
waters from any source.
70. Flood Hazard Boundary Map (FHBP'_. An official map of a
commulty, issued by the Federal.insurence Administration,
-where the boundaries of the are +n of special flood hazard have
been designated as Zone A.
71. Flood Insurance Rate Map (FIRM). An official map of a
community, on which the Federal Insurance Administration has
delineated both the areas of spec:+l flood hazard and the risk
premium zones applicable to the cor.munity.
72. Flood Insurance Study.. The official report provided by
the Federal Insurance Administration. The report contains
Page -9- Revised 6 -26 -87
flood profiles; as well as the flood hazard boundary- floodway
rap and the water surface elevation of the base floor.
73.
Floor. The top surface of an enclosed aran in
concrete building
(including basement), i.a., top of
construction or top of wood flooring in wood frame th
construction. The term vehicles- not include d Ne floor S£ a garage
used solely for parking
5- 15 -87>.
74. theooutside ointhemexteriorrwalls toethe ocenterline of
rom
dividing walls; not to include ggarage&, caororts, open
porches, open breezeways, or
porches, or basements. or
75. Frontage. All the prop
erty on one aide of laceaemeaaured or
lace between two intersecting &treat& or if the street or
palong the line of the street or p art abutting on one
place is dead ended, then all of the prop Y
side betwee n an intersecting street
or place and the dead end
of the street or place.
76. Garage. A building or space used as an accessory to or a
part of a main building permitted in any residence district,
no bprovidingoccupationtoraserviceo vehicles
for profitisain any which
way
conducted.
77. Gradg
a, For buildings adjoining one (1) street, the elevations of
the sidewalk at the center of the ll wa adjoining the
street.
b. For buildings adjoining more than one (1) street, the
average of the elevations of the sidewalk at the centers
of all walla adjoining streets.
C. For buildings having,no wall adjoining the street, the
average levl a
wallsoff round
the building
78. Ground Coverage. See Lot Coverage.
79. Guesa@• An accessory building used exclNaively for
housing members of the family occupying the principal dwelling
or their non - paying gueats. The guest house shall not occupy
more than one - twentieth (1/20) of the lot (but not to exceed
quare feet of land area) on which it is
seven hundred (700) s h the
situated, and shall comply for theprincipalnbuilding.
regulation& applicable
Page -10-
Revised 6 -26 -8'
other lines, such lines shall be construed to be such
boundaries.
2. In unsubdivided property or where a district boundary
divides a lot, the location of such boundary, unless the
same is indicated by dimensions, shall be determined by
use of the scale appearing on the map.
3. Where any street or alley is hereafter officially
vacated or abandoned, the regulations applicable to each
parcel of abutting property shall apply to that portion
of such street or alley added thereto by virtue of such
vacation or abandonment.
SECTION VI - APPLICABILITY
Except as hereinafter provided:
A. No building shall be erected, reconstructed or structurally
altered, nor shall any building or land be used which does
not comply with all the district regulations established by
this Ordinance for the district in which the building or
land is located.
B. The minimum yards and other open spaces, including the
intensity of use provisions contained in this Ordinance for
each and every building hereafter erected, reconstructed or
structurally altered, shall not be encroached upon or
considered as a compliance with yard or open space
requirements or intensity of use requirements for any other
building or adjoining building.
C. Every building hereafter erected, reconstructed or
structurally altered shall be located on a lot fronting on
either a private or public street.
SECTION VIZ - "RS" RESIDENTIAL SINGLE - FAMILY DISTRICT
A. Purpose of District.
1. It is the purpose and intent of this District to provide
lands within the Town for single family residential uses
of the lowest population density, consisting of no more
than one (1) dwelling unit per any platted lot. Density
shall not exceed 2.1 dwelling units per net acre or net
land area based on a minimum twenty thousand (20,000)
square foot lot size. This District recognizes the need
to provide areas within which the traditional single
family residence can thrive and can be protected from
the more intense activities of other land uses so as to
establish and preserve quiet single family home
neighborhoods as desired by large numbers of people,
Page -22-
free from other uses except those which are both
compatible with and convenient to the residents of such
a district.
B. Permitted Uses.
\, -1. Single Family Dwellings.
C. ;'Accessory Uses.
i
i1. Private garages, swimming pools, spas and hot tubs,
cabanas and saunas, greenhouses, tennis courts, utility
\buildings, gazebos, guest houses, and any other similar
uses.
D. Special Exceptions.
1. Temporary use of a construction trailer, as a temporary
accessory use only during construction or
pre- construction phases. Said temporary use shall be
permitted only by approval of the Town Commission for a
period of six (6) months,.with renewable terms, shall
not exceed five hundred (500) square feet, and shall be.
removed prior to the issuance of a certificate of
occupancy for the development or construction upon which
the temporary use is located.
E. Prohibited Uses.
1. No person shall use any portion of a,building in this
district for the purpose of carrying on or practicing
any profession, business, occupation or calling. Any
such use is hereby declared to be a violation of the
provisions of this Ordinance.
2. Time Sharing Uses.
3. Any other use not specifically permitted.
F. Parking Regulations.
1. Where a lot is occupied by a single family residential
dwelling, there shall be provided accessible parking
space on the lot or land parcel, enclosed garage area,
adequate to accommodate two (2) cars for each one
dwelling unit for the resident or occupant. Unenclosed
or outdoor guest parking may be permitted in addition to
the required resident spaces.
G. Building or Structure Height Limit.
1. No building or structure shall exceed two and one -half
(2 1/2) stories, or thirty -five (35') feet in height.
Said height shall be measured from the point of first
floor base flood elevation.
Pae- -23-
H. Minimum Size of Building Required.
1. No main residence building shall be constructed or
allowed with less than three thousand (3,000) square
feet aggregate floor area. The minimum aggregate floor
area is the total floor area of a building, exclusive of
terrace, basements, and unroofed areas, including
twenty -five (25x) percent of attached garages and
screened porches. Screened top patios are considered
unroofed areas.
2. An accessory structure including, but not limited to,
cabanas, enclosed swimming pools, unattached garages,
_1Z and gazebos, shall be located on the same lot or parcel
of land as that of the main residence building and shall
be in conformity with the setback requirement set forth
herein. Unenclosed swimming pools may be located at
fifteen (15') feet from the property line.
3. In the event of contiguous lots or parcels, a unity of
title shall be recorded prior to issuance of a building
permit for either a main residence building or an
accessory structure which would cross lot lines.
I. Building Site Area Required.
1. The minimum net land area shall be one lot or parcel of
land twenty thousand (20,000) square feet in area for
each single - family dwelling unit.
J. Front Yard Required.
l.i There shall be a front yard not less than twenty -five
(25') feet in depth or twenty -five (25x) percent of the
lot depth, whichever is greater, and with.a width of not
less than one hundred (100') feet fronting on a street,
road, avenue or the Atlantic Ocean. Tracts of land
fronting on Ocean Boulevard or the Atlantic Ocean shall
be in conformance with all of the provisions of the
"Palm Beach County Coastal Construction and Excavation
Setback Ordinance No. 72 -12" and the Construction
Control Line established by the State of Florida Bureau
of Beaches and Shores, which ordinance or its successor
shall prevail in the absence of a conflicting Town
ordinance. Notwithstanding these provisions, the
setback distance along the AlA right -of -way shall be at
least seventy -eight (78') feet from the center line of
said right -of -way.
K. Side Yard Required.
1. There shall be side yards of not less than fifteen (15')
Page -24-
substituted in place thereof; repaired and maintained
from time to time as shall be necessary for the
effective operation and maintenance of such private
\ school.
\v 2. Nothing herein contained shall be deemed to prohibit the
construction of an accessory building containing
bedrooms with cooking and bath facilities, to be used in
connection with and as a part of the main residence, and
to be constructed within the building lines. Such
accessory building shall be used only for occupancy of
the legitimate non - paying guests of the owners of the
main residence, or bona fide members of the family or
servants.
3. No person shall use any portion of a building in "RS"
residential single- family district for the purpose of
carrying on or practicing any profession, business,
occupation or calling. Any such use is hereby declared
to be a violation of the provisions of this Ordinance.
SECTION VIII - "RM" MULTIPLE- FAMILY RESIDENTIAL DISTRICT
A. Purpose of District.
1. It is the purpose and intent of this District to provide
lands within the Town for high density multiple family
residential uses. In no event shall density exceed 5.7
dwelling units per net acre or net land area. This
District is further intended for development of
concentrated residential populations and should be
applied only within the high density designated areas as
provided by the Comprehensive Development Plan.
B. Permitted Uses.
1. Single - Family Dwellings.
2. Multiple- Family Dwellings.
3. Clubs.
4. All land and buildings used by the Town of Gulf Stream
and its. government, activities, and services incidental
thereto. ,
C. Accessory Uses.
1. Private garages, swimming pools,
cabanas and saunas, greenhouses,
buildings, gazebos and any other
Page -26-
spas and hot tubs,
tennis courts, utility
similar uses.
TONES, FOSTER, JOHNSTON &
�
1
COUNSEL
-
WILLIAM A FOSTER
LARRY ALEXANDER
GEORGE N BAILEY
YEVINC BEUTTENMULLER
MICHAEL 0 BROWN
MARGARET L COOPER
REBECCA G. DOANE
L MARTINFLANAOAN
SCOTTG MWNINS
THORNTON M. HENRY
PETER 5. HOLTON
HARRY A JOHNSTON, P
MARK MLEINFELO
CHARLES 8 KOVAL
MICHAELT RRANZ
JOHN GLAIR MFCMCREN
William Gwynn
Town Manager
Town of Gulf Stream
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
505 SOUTH FLAGLER DRIVE
ELEVENTH FLOOR
P.O. DRAWER E
WEST PALM BEACH. FLORIDA 33402 -3475
)407) 659.3000
FAX: (407) 832.1454
August 8, 1988
246 Sea Road
Gulf Stream, Florida 33483
STUBBS, P.A.
re: Proposed Addition, Lot 90, Place au Soleil
915 Orchid Lane, Gulf Stream
Dear Bill,
OIIIER LOCADCt,
SST 5 E BIII STREET, SUITE IDt
DELRAY BEACH. FLORIDA 3344M
TIMOTHY E. MMAGHAN
JO INC RANOO PH
ANN MARIE G REZZONICO
ANDREW R AM
STEVEN J. ROTHMAN
PETER A. SACHS
JOEL T STRAWN
SIDNEY STUBBS. JR
ALLEN R TOMLWSGN
JOHNS TRIMPER
MICHAEL WALSH
H ADAMS WEAVER
TIMOTHY I_ WHALEN
PAUL C WOLFE
I have reviewed the communications relating to this
proposed addition from the Architectural Review Committee
of the Place au Soleil Association, and from Martin J. Cousino,
of AlA Architectural Room Additions. Additionally, I have
reviewed the Zoning Code in regard to this matter.
It is my opinion that the second floor addition, which
includes a separate bedroom, bathroom, living room, kitchen
and laundry room, constitutes a separate dwelling unit within
the primary residential dwelling, and is therefore not allowed
under the "RS" ,Residential Single - Family district. This
zoning district allows only single family dwellings and
accessory uses. The addition cannot be termed an accessory
use, since it is not accessory to, but is a part of the main
structure. The fact that the addition includes a kitchen,
makes the dwelling more than a single family use, and makes
it fit more within the definition of a duplex, which is a
building designed to accomodate two families living
independently of each other.
I understand that the addition is to accomodate the
owner's mother. Indeed, the fact that a mother is going.
to be living with the family does not make this more than
• single - family dwelling. The fact that makes it more than
• single family dwelling is that the structure will be built
in a way so that it can be used as more than a single family
n
f
William Gwynn
re: Lot 90 Addition, Place au Soleil
August 8, 1988
page 2
dwelling. It may well be that the current parties intend
to use this residence for single family residential occupancy.
Our zoning code does not depend on the use that is being
put to a structure by a particular party. It depends rather
upon the use which can be made of it by anyone. The fact
that this addition will allow this single family dwelling
to be used as a two - family dwelling by someone in the future
makes it an inappropriate and unlawful structure within this
zoning district.
On the basis of the above, I do not feel that the plans
for the addition can be approved.
Very I'YPVrs,
C. Randolph
cc: William Mayer, Chairman
Planning & Zoning Board
William F. Koch, Jr., Mayor
Barbara Gwynn, Town Clerk
Robert A. Dittman, Esq.
Martin J. Cousino
JONES, FOSTER. J O H N S T O N a S T U B B S, P. A.
r
JONES, FOSTER, JOHNSTON &
COUNSEL
MU.&MAA.FOSTER
LARRY S. ALEKANDER
GEORGE H, MILEY
KEVINC.8EOTTENMULLER
MICHAEL D. 8140WN
MARGARET L COOPER
REBECCA O. DOANE
L MARTIN FLANAGAN
BCOTT G. HAWMNS
THORNTON M. HENRY
PETER S. HOLTON
0RRY A JOHNSTON, II
MARK S. KLEINFELD
CHARLES R KOVAL
MICHAEL T. KR
JOHN "R Mc RACKEN
William Gwynn
Town Manager
Town of Gulf
246 Sea Road
Gulf Stream,
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
505 SOUTH FLAGLER DRIVE
ELEVENTH FLOOR
P.O. DRAWER E
WEST PALM BEACH, FLORIDA 33402.3475
(407(859.3000
FAX: (4071832.1454
August 8, 1988
Stream
Florida 33483
STUBBS, P.A.
re: Proposed Addition, Lot 90, Place au Soleil
915 Orchid Lane, Gulf Stream
Dear Bill,
OTHER LOCATION
551 S. E BBI STREET. BORE 101
DELRAY BEACH. FLORIDA S
TIMOTHY E. MONAGHAN
JOIN C. RANDOLPH
ANN MARIE G. RERONICO
ANDREW R. ROSS
STEVEN J. ROTHMAN
PETER A. SACHS
JOEL T. S M
SMNEY A. STUSH, JR.
ALLEN R. TOMLINSON
JOHN S. TRIMPER
MICHAEL P. WALSH
H. ADAMS WEAVER
TIMOTHY L. WHALEN
PAUL C. WOLFE
I have reviewed the communications relating to this
proposed addition from the Architectural Review Committee
of the Place au Soleil Association, and from Martin J. Cousino,
of AlA Architectural Room Additions. Additionally, I have
reviewed the Zoning Code in regard to this matter.
It is my opinion that the second floor addition, which
includes a separate bedroom, bathroom, living room, kitchen
and laundry room, constitutes a separate dwelling unit within
the primary residential dwelling, and is therefore not allowed
under the "RS" Residential Single - Family district. This
zoning district allows only single family dwellings and
accessory uses. The addition cannot be termed an accessory
use, since it is not accessory to, but is a part of the main
structure. The fact that the addition includes a kitchen,
makes the dwelling more than a single family use, and makes
it fit more within the definition of a duplex, which is a
building designed to accomodate two families living
independently of each other.
I understand that the addition is to accomodate the
owner's mother. Indeed, the fact that a mother is going
to be living with the family does not make this more than
a single - family dwelling. The fact that makes it more than
a single family dwelling is that the structure will be built
in a way so that it can be used as more than a single family
William Gwynn
re: Lot 90 Addition, Place au Soleil
August 8, 1988
page 2
dwelling. It may well be that the current parties intend
to use this residence for single family residential occupancy.
Our zoning code does not depend on the use that is being
put to a structure by a particular party. It depends rather
upon the use which can be made of it by anyone. The fact
that this addition will allow this single family dwelling
to be used as a two - family dwelling by someone in the future
makes it an inappropriate and unlawful structure within this
zoning district.
On the basis of the above, I do not feel that the plans
for the addition can be approved.
Very tya:�:y yews,
C. Randolph
cc: William Mayer, Chairman
Planning & Zoning Board
William F. Koch, Jr., Mayor
Barbara Gwynn, Town Clerk
Robert A. Dittman, Esq.
Martin J. Cousino
JONES, F O S T E R, JOHNSTON 8 S T U B B S, R. A.
r r
✓YEN �Y� .�im y�
VIA HAND DELIVERY
William Gwynn
'Town Manager
Town of Gulfstream
246 Sea Road
Gulfstream, FL 33483
CP 6DDD
d3f'-OD65
August 11, 1988
114 ell
��i. Gr
mlw
.:�� ' /3D5J 35614P5
.� 37P- -6098
RE: Proposed Addition to Residence of Mr. Don Walsh,
Lot 90, Place au Soleil, 915 Orchid Lane,
Gulfstream, Florida
Dear Mr. Gwynn:
Please be advised that the lawfirm of Squire, Sanders &
Dempsey has been retained by Mr. Don Walsh to represent him in
regard to his dispute with the Town of Gulfstream pertaining to
the proposed addition to his residence at 915 Orchid Lane,
Gulfstream, Florida. I am aware of the recent opinion rendered
by your attorney John C. Randolph in regard to whether the
proposed addition complies with the Town of Gulfstream's
applicable zoning ordinances. After a review of the pertinent
zoning ordinances, I am at a complete loss to understand how Mr.
Randolph's opinion derives from a fair and reasonable reading of
such ordinances. My client's position, and one which I think is
well supported by the zoning code, is that the zoning ordinances
absolutely and categorically do not prevent the construction of
the proposed addition to Mr. Walsh's residence.
As you are aware, Mr. Walsh's proposed addition involves
the building of a second floor addition to the presently standing
structure, which addition will include a separate bedroom,
bathroom, living room, kitchen and laundry room. The purpose for
this addition is to provide living accommodations for Mr. Walsh's
mother. Your attorney's own opinion letter accepts the fact that
Mr. Walsh's mother living with the family will not violate the
single family use restrictions. Nevertheless, Mr. Randolph bases
his opinion on the "potential use" to which the property may be
put and on that basis, deems the proposed addition in violation
of the zoning ordinances.
William Gwynn
August 11, 1988
Page 2
Although the zoning code precludes the use by Mr. Walsh
of his property for anything other than single family residential
use, contrary to Mr. Randolph's assertions, the code does not ab
initio prevent construction of the proposed addition merely
because it may potentially be put to a use which violates the
ordinances. Were this the standard, then no buildings whatsoever
should be permitted since any structure can "potentially" be put
to a use which violates the applicable zoning ordinances.
Mr. Randolph's reasoning is belied by the clear terms of
the zoning ordinances themselves. The ordinances specifically
provide for and contemplate the construction of additions, which
under Mr. Randolph's reasoning, may potentially be put to a use
which violates the code. In this regard, I refer to specific
provisions within the code. The Zoning Ordinances, Part 2,
Section V, define a dwelling unit as follows:
One (1) or more rooms in a residential building or
residential portion of a building, which are arranged,
designed, used or intended for family purposes and which
include lawful cooking space and lawful sanitary
facilities reserved for the use of the single family
occupants thereof.
It should be noted that the definition of dwelling unit does not
expressly limit the amount of cooking space or the amount of
sanitary facilities that may be contained within a dwelling unit.
Thus, the fact that my client's proposed addition will have
separate kitchen and sanitary facilities does not place it in
violation of the zoning codes.
Additionally, the zoning ordinances provide that Mr.
Walsh's property may be put to an accessory use as defined in
Section VII, Paragraph C.1., which defines accessory uses as
follows:
Private garages, swimming pools, spas and hot tubs,
cabanas and saunas, greenhouses, tennis courts, utility
buildings, gazebos, guest houses, and any other similar
uses.
Part 2, Section V of the code defines guest house as follows:
An accessory building used exclusively for housing
members of the family occupying the principal dwelling
or their non - paying guests. The guest house shall not
William Gwynn
August 11, 1988
Page 3
occupy more than one - twentieth (1/20) of the lot (but
not to exceed seven hundred (700) square feet of land
area) on which it is situated, and shall comply with the
zoning district regulations applicable for the principal
building.
Notably, the zoning ordinances contain no other substantive
restrictions regarding architectural and /or construction
requirements pertaining to a guest house. Rather, the code
specifically provides that guest houses may contain separate
sleeping, eating and bathing facilities. This cannot be more
clearly stated than as is set forth in Section VII, Paragraph
H.2., which provides as follows:
Nothing herein contained shall be deemed to prohibit the
construction of an accessory building containing
bedrooms with cooking and bath facilities, to be used in
connection with and as a part of the main residence, and
to be constructed within the building lines. Such
accessory building shall be used only for occupancy of
the legitimate non - paying guests of the owners of the
main residence, or bona fide members of the family or
servants.
Under Mr. Randolph's reasoning, it would seem that even
a guest house, which is specifically provided for in the zoning
code, would violate the code since it has the "potential" to be
used for other than single family purposes. Mr. Randolph's
reasoning is totally unsupported by the clear wording of the
zoning code and interjects an improper restriction on my client's
property. While the zoning ordinances clearly prohibit my
client's property from being used for anything other than single
family purposes, they just as clearly do not prohibit the
construction of the proposed addition which is needed to
accommodate the needs of one single family unit.
There is no doubt that if the proposed addition was
subsequently rented to an unrelated third party, this would be a
violation of the applicable zoning code, since the code
specifically prohibits use of the property for anything other
than single family purposes. Since Mr. Walsh has specifically
represent[Bed the use to which the addition will be put as being
for his family's purposes, however, use is not the issue here.
Rather, the question presented is whether the applicable code
prevents the construction of the addition when it has been
represented that it will be used for single family purposes.
William Gwynn
August 11, 1988
Page 4
A fair and reasonable reading of the appropriate zoning
ordinances compels the conclusion that they do not prohibit the
construction by my client of the proposed addition, but rather,
they only prohibit the subsequent use of that addition for
anything other than single family purposes. Contrary to your
attorney's position, there is no support in the zoning ordinances
for the argument that the addition can be declined merely on the
basis of its potential use. This position would be wholly
inconsistent with the zoning ordinances themselves, which allow
separate detached guest houses. Clearly, in this instance where
the proposed addition is to be on the second floor of the
presently standing structure, the zoning ordinances can be no
more burdensome or restrictive than they would be on the proposed
construction of a separate detached guest house.
After a review of the matter and a consideration of the
applicable zoning ordinances, it is respectfully submitted that
the Town Board grant approval to Mr. Walsh for the construction
of the proposed addition to his residence.
Best regards.
HKC:tag
Sincer�
ood K. Coa es, Jr.
" e S P I N N E R . D I T T M A N . F H D B R I S P I E 1 6 & D U W L I N o
A T T O R N E Y S A T L A W
A P A R T N E R S H I P I N C L U D I N G P R O F E S S I O N A L A S S O C I A T I O N S
S O ] E A S T A T L A N T I C A V E N U E
D E L R A Y B E A C H , F L O R I D A 3 3 4 8 3
( 4 0 1 ) 2 ] 6 . 2 9 0 0
R O B E R T A . D I T T M A N
D O N A L D C . D O W L I N G
R O B E R T W . F E D E R S P I E L , P . A . W E S T P A L M B E A C H L I N E
J O H N W S P I N N E R
J u l y 2 5 , 1 9 8 8 ( 4 0 ) I ] 3 6 - 0 4 0 0
J o h n C . R a n d o l p h , E s q .
3 1 0 O k e e c h o b e e B l v d .
W e s t P a l m B e a c h , F L 3 3 4 0 2
R E : P r o p o s e d A d d i t i o n
L o t 9 0 , P l a c e A u S o l e i l
9 1 5 O r c h i d L a n e
S a m G i l l o t t i , C . E .
J o b N o . 8 8 - A I 0 9 - 3
D e a r J o h n :
A t t h e l a s t C o m m i s s i o n M e e t i n g o f t h e T o w n O f G u l f S t r e a m , I
o p p o s e d , a n d t h e H o m e o w n e r s ' A s s o c i a t i o n f o r P l a c e A u S o l e i l
e x p r e s s e d d e e p c o n c e r n a b o u t , t h e r e f e r e n c e d p r o p o s e d a d d i t i o n ,
t h e C o m m i s s i o n e r s s u b s e q u e n t l y t a b l i n g t h e m a t t e r p e n d i n g
r e c e i v i n g a n o p i n i o n f r o m y o u r o f f i c e . T h e C o m m i s s i o n e r s
e x t e n d e d t o t h e a p p l i c a n t a n d m e t h e o p p o r t u n i t y t o c o r r e s p o n d
w i t h y o u a n d p r e s e n t o u r r e s p e c t i v e o p i n i o n s / p o s i t i o n s . I a m
d o i n g s o b y w a y o f l t h i s l e t t e r .
T h e a d d i t i o n i n q u e s t i o n i n v o l v e s a d d i n g a s e c o n d f l o o r
o v e r , a n d e x t e n d i n g o u t f r o m t h e n o r t h w a l l o f , a p o r t i o n o f a n
e x i s t i n g a s i n g l e f a m i l y h o m e i n t h e " R S " Z o n i n g D i s t r i c t . T h e
e x p r e s s e d u s e o f t h e a p p l i c a n t o w n e r i s t o p r o v i d e l o d g i n g f o r
h i s m o t h e r . T h e s e c o n d f l o o r p o r t i o n o f t h e a d d i t i o n i n c l u d e s a
( s e p a r a t e ) b e d r o o m , b a t h r o o m , l i v i n g r o o m , k i t c h e n a n d a l a u n d r y
r o o m ; t h e p l a n s s h o w a s e p a r a t e a i r c o n d i t i o n i n g u n i t . T h e
s t a i r s t o t h e u p s t a i r s a p a r t m e n t a r e t o b e l o c a t e d o n t h e
n o r t h e a s t c o r n e r o f t h e a p a r t m e n t a n d h o m e . A t t h e b o t t o m o f t h e
s t a i r s , o n t h e g r o u n d f l o o r , i s a s m a l l c o r r i d o r t o t h e l e f t
( s o u t h ) o f w h i c h i s a d o o r w h i c h c o u l d , i f l e f t u n l o c k e d a n d
o p e n , p r o v i d e a c c e s s t o t h e m a i n p a r t o f t h e e x i s t i n g h o m e ; a t
t h e n o r t h e n d o f t h e c o r r i d o r i s a s e p a r a t e e n t r a n c e f o r t h e
u p s t a i r s a p a r t m e n t .
M y p r o b l e m w i t h t h e a d d i t i o n i n q u e s t i o n i s t h a t s a m e i s a
s e l f - c o n t a i n e d s e p a r a t e l i v i n g u n i t o n a s i n g l e f a m i y l o t .
N o t h w i t h s t a n d i n g t h e e x p r e s s e d i n t e n t t o u s e t h e a d d i t i o n f o r
l o d g i n g o f t h e o w n e r ' s m o t h e r , t h e . f a c t r e m a i n s t h a t i t c a n
e a s i l y b e u s e d i n t h e f u t u r e , w i t h o u t m o d i f i c a t i o n , a s a r e n t a l
unit by any subsequent owner under circumstances where it would
be impossible to enforce the prohibitions on such usage.
The Town Zoning Code provides that the purpose of the "RS"
District is to provide lands "for single family residential uses
of the lowest population density, consisting of no more than one
(1) Dwelling Unit per any platted lot ". A Dwelling Unit
consists of "One (1) or more rooms in a residential building or
residential portion of a building designed, used, or intended for
family purposes and which include lawful cooking space and lawful
sanitary facilities reserved for the use of the single family
occupants thereof
The "RS" District "recognizes the need to provide areas
within which the traditional single family residence can thrive
and be protected from the more intense activities of other land
uses so as to establish and preserve quiet single family home
neighborhoods... ".
Under the Town Zoning Code a Single Family Dwelling is a
"building designed for or occupied exclusively by one family ".
A Duplex is a "building designed to accomodate two (2)
families living independently of each other ". It does appear
that, on "RS" District Lots large enough to accommodate them,
separate accessory buildings can be built which would provide
facilities similiar to those found in a duplex, however, duplexes
are not allowed in that district.
Upon erection of the proposed addition, the total building
in question would clearly not be one designed to be occupied
exclusively by one family, i.e., it would not be a single family
residence; rather it would be a duplex. While it is true that
the Code definition of a Duplex goes on to add a second sentence
to the effect that "the building will have two (2) addressees,
kitchens, electric and water meters ", it is fairly clear from a
reading of both sentences that the first sentence defines what a
duplex is while this second sentence sets out the facilities and
services that a duplex must contain, i.e., it is regulatory
rather than definitional in the same way as is the last sentence
of Subparagraph 34 of Paragraph A of Section IV (Certificate Of
Occupancy). Accordingly, what the present addition does is to
add a separate Dwelling Unit. The token door to the main
residence is just that, a token.
Without integretion of the entrance to this separate
apartment with the main home, it would violate the spirit,
intent, purposes and requirements of both the "RS" District
and the Zoning Code.
The homeowners' Association suggested ways in which the
apartment could be integreted with the main house or modified to
comply with the Town Zoning Code in a letter to the Town
Commission and Town Planning Board dated July 1, 1988, a copy of
which is enclosed. The question would seem to come down to
removal of certain separate facilities (such as a separate
kitchen and /or laundry) or elimination of a separate entrance.
By modifying the lower floor as suggested in a sketch attached tc
the Associations' letter, entrance to the "apartment" would be
integreted into the main dwelling, but there would still be
ingress /egress, through a rear sliding glass door, for safety
reasons and /or regular access. The owner resisted the suggested
modification in that the minimal necessary expansion of the
existing family room would allegedly require a larger septic tank
and /or relocation of same to the front yard of the home which
would require elimination of an existing circular driveway. But,
in view of the increase use attendant to the addition of a
separate apartment, I do not know that elimination of the
circular drive, resulting in fewer cars being parked in front of
the home, is all that bad, and the additional cost involved would
merely be a cost of the owner getting pretty much what he wantd
in the first place, a separate apartment (albeit one integreted
with the main dwelling). In any event, there are other ways to
relocate the stairs to the separate apartment, in order to
integrate it with the main home, which would not involve any
septic tank modification. The owner just did not explore these
alternative designs.
In view of the above, I feel that approval of the present
plans, as is, without any design change to integrate the ingress
and egress for the apartment with the main home, is tantamount to
allowing a second attached dwelling unit on a single family lot
in contravention of the Town's Codes. Accordingly, I request
that you advise the Town to suggest that the owner revise the
plans so as to integrate the access stairway with the main home
or to eliminate some of the separate facilities on the second
floor.
Very truly yours,
Robert A. Dittman
RAD /ko
cc: The Hon. William F. Koch, Jr.
William Mayer, Chairman, Planning and
Zoning Board
Barbara Gwynn, Town Clerk
LEONARD A. CARSON
JAMES W. LINN
JOHN D.C. NEWTON. 11
MICHAEL WM. MORELL
LUCILLE E. TURNER
Mr. William E. Gwynn
Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
CARSON & LINN, P. A.
LAWYERS
MAHAN STATION
1711 - D MAHAN DRIVE
TALLAHASSEE, FLORIDA 32308
(904) 878 -2057
TELECOPIER(904) 877 -1000
August 2, 1988
JAMES C. ADKINS
OFCOUNSEL
Re: Investigation of Chief James Greer and Captain John
Buchan
Dear Mr. Gwynn:
On July 7, 1988, I conducted on -site interviews and an
investigation regarding Police Chief James Greer and Captain John
Buchan. The purpose of the investigation was to determine
whether Greer or Buchan had committed any actions contrary to
their employment relationship with the Town of Gulf Stream, and
if so, whether they should be disciplined for such action.
Charges
The charges which were investigated were:
1. The alleged participation by Chief Greer and Captain
Buchan in a poker game on June 4, 1987.
2. The alleged improper voiding by Captain Buchan of four
traffic citations issued by Patrolman Roger Shoeman.
Scope of Investigation
I reviewed appropriate documents, conducted research of the
applicable Florida statutes, and consulted with another police
chief in a jurisdiction not in Palm Beach County. In addition, I
interviewed the following:
Chief James Greer
Captain John Buchan
Patrolman Paul Peterson
Patrolman Roger Shoeman
Page Two
Mr. Gwynn
August 2, 1988
Investigative Findings
1. The Alleged Poker Game
The poker game allegedly took place on June 4, 1987, in
Boynton Beach. I discovered no evidence that a poker game had
ever taken place within the jurisdiction of Gulf Stream, or that
Chief Greer or Captain Buchan had ever participated in such a
game in a manner which would be connected in any way with their
employment. There was no evidence that they ever participated in
such a game while wearing their police uniforms or in the
presence of persons where the consequence would have been to
bring discredit to the Gulf Stream Police Department.
It appears that the attendees at the alleged game of June 4,
1987 were mostly police officers and former police officers of
various jurisdictions. According to Patrolman Peterson, he was
told in advance that there would be a poker game at a particular
location. He went to the game, and stayed for approximately one
hour before leaving. Despite his presence for this extended
period, he denies participation in the game. Peterson stated
that he doesn't play cards. The length of his stay and the fact
that he does not play cards would suggest that Peterson went to
the game for the primary purpose of reporting the participants.
However, although the game allegedly took place on June 4,
1987, Peterson did not report the game until May, 1988, some
eleven months later. Peterson explained the delay as being due
to the fact that, at the time of the game, he was 10 months into
his one -year probationary period, and feared that if he reported
the incident he would lose his job. I find this reasoning not
credible. First, by his own admission, Peterson came off
probation within 2 months after the alleged poker game.
Further, throughout our interview, he expressed knowledge
regarding various laws which affected him. It therefore did not
seem reasonable that he would be unaware of legal protections
available to him if he reported the incident.
A further reason for discrediting the allegations by officer
Peterson is his statement that almost all participants in the
June 4 poker game were police officers. Yet, he reported no one
but Chief Greer and Captain Buchan.
2. The Alleged Voiding of Traffic Citations
The allegation that Captain Buchan improperly voided traffic
citations issued by Patrolman Shoeman is couched in terms which
suggest that the intent was to improperly provide a benefit to
CARSON & LINN, P. A.
uw ERS
Page Three
Mr. Gwynn
August 2, 1988
the citation recipients, or to someone close to them. The
allegations are not couched in terms of a mere "technical
violation," but rather in terms of "ticket fixing."
The voiding of the citations appears to have been legally and
technically correct.
The voiding allegedly took place in October 1987, when
Captain Buchan was Acting Police Chief. The citations which were
allegedly "fixed" involved the following:
(a) One issued to an
Patrolman Shoeman, "1 know Capt.
Peterson, Buchan is a customer
recipient. (Peterson does nc
anything of value in exchange
states affirmatively that he has
individual who allegedly told
Buchan." According to Patrolman
of the partner of the citation
)t charge that Buchan received
for voiding this citation, and
no such evidence.)
(b) Two additional citations issued to one individual who
is not believed to be known to Capt. Buchan , or to any other
member of the Gulf Stream Police Dept. (Peterson states that he
knows of no relationship between this citation recipient and
Capt. Buchan.)
The complaint of alleged improper citation voiding was
initially raised by former Gulf Stream Patrolman Dana Burbank.
The complaint was made approximately 4 months after the
information was discovered by Burbank, and approximately 3 -1/3
months after Burbank was terminated from the Gulf Stream Police
Dept. Apparently, Patrolman Burbank was a back -up to Patrolman
Shoeman on the traffic incident where the recipient is alleged to
have said that he knew Capt. Buchan.
According to Patrolman Peterson, Patrolman Burbank found
some of Shoeman's citations on Jan. 5, 1988, on the desk of the
secretary to the Chief of Police. Burbank was then on duty by
himself. According to Peterson, Burbank was looking for copies
of his own citations to be used in pending court cases. He then
noted that the front copies of Shoeman's citations had not been
sent to the court system.
According to Peterson, the citations were in plain view on
the secretary's desk, and Burbank felt this was "quite odd."
Burbank apparently told Peterson, who took it upon himself to
look over the citations to determine whether, in his judgment,
there was anything that warranted the voiding of the citations.
(Why Patrolman Peterson felt it was his job to question the
activities of the Acting Police Chief simply because those
documents were left in "plain view" is uncertain. I also found
CARSON & LINN, P. A.
LAWYERS
Page Four
Mr. Gwynn
Augsut 2, 1988
it interesting that a police officer on duty would feel free to
observe or remove official documents left on the desk of the
Chief's secretary.)
After the discovery was made, Burbank notified Shoeman, who
was apparently unaware that the 3 citations had been voided.
According to Peterson, Burbank and Shoeman informally
visited an Assistant State Attorney on January 5, 1988, to
discuss the voiding of the citations. (If Burbank discovered the
citations while alone on night duty, this date is probably
incorrect.) They were allegedly informed that this action could
constitute a third degree felony.
Shoeman later confronted Capt. Buchan and Chief Greer.
According to Greer, he did not think Buchan had violated
any statutory provision in voiding the citations. However, Greer
felt that Buchan should not have taken that action in Greer's
absence, and particularly without confronting Patrolman Shoeman
first so that Shoeman could void the citations himself.
According to Buchan, the reE
with the bad citations was that
Tallahassee within 5 days, and it
the eleventh hour. This is due
whereby each Uniform Traffic
ultimately audited.
ison he did not confront Shoeman
the citations needed to be in
was necessary to take action at
to an inventory control system
Citation is inventoried and
Chief Greer apparently had a policy that citations were not
to be administratively voided. Because Buchan violated this
policy, Greer indicated to Buchan that he was going to give
Buchan administrative punishment of one week off without pay.
Peterson stated that h months after the discovery, in May
1988, he went to the State Attorney to complain about the poker
game, and Burbank and Shoeman went to the State Attorney to
complain about the voiding of the citations.
In our interview, Shoeman did not allege any wrongdoing on
the part of Buchan other than the fact that Shoeman felt it
improper for Buchan to have voided the citations without first
telling Shoeman about it. According to Shoeman, Buchan has never
voided any of his other citations. Shoeman was on probationary
status at the time he issued the citations in question.
Patrolman Peterson stated to me that he had no evidence that
Buchan had voided the citations as a favor to any of the
CARSON & LINN, P. A.
LAWYERS
Page Five
Mr. Gwynn
August 2, 1988
recipients, or that Buchan had received anything in exchange for
his actions.
Captain Buchan acknowledges that during October 1987 he
voided 3 traffic citations written by Roger Shoeman. According
to Buchan these citations contained errors by Shoeman, whom
Buchan stated constantly did bad paperwork. Buchan felt these
particular citations would be a source of embarrassment were they
to be brought before the court system. Buchan, therefore,
administratively voided them.
All of the citations which were voided by Buchan had been
issued by Patrolman Shoeman. No one else was involved in voiding
them. They were voided by Buchan in the presence of the Chief's
secretary.
According to Buchan, he was visiting a store owned by a
partner of the recipient of one of the traffic citations when
the owner complained to Buchan of abusive language toward the
recipient by the patrolman ( Shoeman). The recipient apparently
never received a copy of the citation itself, nor did it ever
show up in Tallahassee. (The fact that it did not show up in
Tallahassee would be further confirmation of the recipient's
indication that he did not receive a copy of it.)
According to Buchan, he himself called the citation
recipient. Although Buchan knew the recipient of the citation,
they were not personal friends. The citation recipient indicated
to Buchan that he had stated to Patrolman Shoeman, "If Jack were
on duty, this wouldn't be happening." According to Buchan, this
referred to the abusive manner in which the citation was being
issued.
Being aware that the citation was issued by a patrolman who
had a history of paperwork problems, Buchan asked the Chief's
secretary to pull all of Shoeman's citations for a particular
period, whereupon he discovered what he considered to be errors.
He verified with a traffic citation expert in the police
department that the citations did in fact contain errors.
Buchan then inquired as to the proper legal procedures for
voiding such citations. Three citations were properly forwarded
through appropriate State channels in a timely fashion with no
attempt to conceal the voiding.
According to Buchan, he has never administratively voided
any other citations.
CARSON & LINN, P. A.
LAWYERS
Page Six
Mr. Gwynn
August 2, 1988
The fourth citation had been incorrectly written on a Notice
to Appear form, rather than on a Uniform Traffic Citation Form.
Buchan noticed that although Shoeman had clocked the individual
at 61 mph, Shoeman issued the Notice to Appear based upon his
having paced the recipient at 70 mph in an uncalibrated vehicle.
According to Buchan, this would have voided the violation. This
matter was brought to Shoeman's attention. It was properly
amended by Shoeman and reissued.
Conclusion
Based upon my investigation, I do not believe that either
Greer or Buchan has committeed any actions contrary to their
employment relationship with the Town of Gulf Stream for which
they may be disciplined.
Although Captain Buchan's actions were technically and
legally correct, the better procedure would have been to confront
Patrolman Shoeman with the bad citations either prior to their
voiding, or immediately thereafter. Under the circumstances, I
believe that Chief Greer's suggested punishment of one week off
without pay may be unduly harsh. I recommend that Captain Buchan
be counseled instead. However, it was apparent from my interview
of him that the sequence of events which followed his voiding of
the three traffic citations has made extremely clear to him the
wisdom of Chief Greer's policy regarding the administrative
voiding of traffic citations.
If I can provide further information to the Town, please let
me know.
Sincerely,
CARSON & LINN, P.A.
J, 0�.
Leonard A. Carson
Special Labor Counsel
Town of Gulf Stream
LAC: ifa
cc: John C. Randolph, Esquire
CARSON & LINN, P. A.
LAWYERS
r,
TONES,
FOSTER, JOHNSTON &
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
505 SOUTH FLAGLER DRIVE
COUNSEL
ELEVENTH FLOOR
WILMAM A FOSTER
P.O. DRAWER E
LARRY S ALEKANDER
WEST PALM BEACH, FLORIDA 33402 -3475
GEORGE H. MILEY
(407)659 -3000
KEVIN C. BEURENMULLER
MICHAEL D. BROWN
FAX: (407) 832 -1454
MARGARET L COOPER
REBECCA G. WANE
L MARTIN FLANAGAN
SLOT M MWKINS
THORNTON M. HENRY
PETER S. HOLTON
HARRY A.
MARK S. IKLEINFELDN II
August 8, 1988
CHARLES S KOVAL
MICHAEL T. KRANS
JOHN BLMR M RACKEN
William Gwynn
Town Manager
Town of Gulf Stream
246 Sea Road
Gulf Stream, Florida 33483
STUBBS, P.A.
re: Proposed Addition, Lot 90, Place au Soleil
915 Orchid Lane, Gulf Stream
Dear Bill,
OTHERLOCATRJN
55t S. E M STREET. SURE 101
DELRAY BEACH. FLORIDA 0444
TIMOTHY E. MONAGHAN
JOHN C. RANDOLPH
ANN MARIE G. REUONICO
ANDREW R. ROSS
STEVEN J. ROTHMAN
PETER A. SACHS
JOEL T. STBAWN
SIDNEY A. STUBBS. JR.
ALLEN R. TOMLINSON
JOHN S. TAMPER
MICHAEL P. WALSH
H. ADAMS WEAVER
TMOTHY L. WHALEN
PAUL C. WOLFE
I have reviewed the communications relating to this
proposed addition from the Architectural Review Committee
of the Place au Soleil Association, and from Martin J. Cousino,
of AlA Architectural Room Additions. Additionally, I have
reviewed the Zoning Code in regard to this matter.
It is my opinion that the second floor addition, which
includes a separate bedroom, bathroom, living room, kitchen
and laundry room, constitutes a separate dwelling unit within
the primary residential dwelling, and is therefore not allowed
under the "RS" Residential Single - Family district. This
zoning district allows only single family dwellings and
accessory uses. The addition cannot be termed an accessory
use, since it is not accessory to, but is a part of the main
structure. The fact that the addition includes a kitchen,
makes the dwelling more than a single family use, and makes
it fit more within the definition of a duplex, which is a
building designed to accomodate two families living
independently of each other.
I understand that the addition is to accomodate the
owner's mother. Indeed, the fact that a mother is going -
to be living with the family does not make this more than
• single - family dwelling. The fact that makes it more than
• single family dwelling is that the structure will be built
in a way so that it can be used as more than a single family
William Gwynn
re: Lot 90 Addition, Place au Soleil
August 8, 1988
page 2
dwelling. It may well be that the current parties intend
to use this residence for single family residential occupancy.
Our zoning code does not depend on the use that is being
put to a structure by a particular party. It depends rather
upon the use which can be made of it by anyone. The fact
that this addition will allow this single family dwelling
to be used as a two - family dwelling by someone in the future
makes it an inappropriate and unlawful structure within this
zoning district.
On the basis of the above, I do not feel that the plans
for the addition can be approved.
Very tr_ �y'yjcmrs,
C. Randolph
cc: William Mayer, Chairman
Planning & Zoning Board
William F. Koch, Jr., Mayor
Barbara Gwynn, Town Clerk
Robert A. Dittman, Esq.
Martin J. Cousino
JONES, FOSTER, J O H N S T O N $ S T U B B S, P. A.
V
James A. Butkus & Associates
1207 Buchanan Street
Hollywood, Florida 33019
(305) 923 -2656
July 20, 1988
Barbara Gwynn,
Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
REF: Mark Pulte Residence,
Lot 47; Portions of Lots 44 & 48,
North of Lakeview Drive on Gulfstream Road
Review of Drainage Retention Provisions
Dear Mrs. Gwynn:
At your request, the proposed site plan for the above referenced
residence, has been reviewed for conformance with the requirement
that the first inch of runoff be retained on site.
The project architect, Joseph Pasquale, AIA, submitted a document
on July 7, 1988 stating that sufficient capacity was available on
site. I find that the computed required retention volume is
satisfactory. However, in reviewing the dimensioned site plan
(Dietz & Dietz Land Surveyors, Inc.; Order no 8803101; 3/31/88),
I do not find sufficient documentation to support the statement
that the required retention is actually a part of the project
design.
An area is designated on the site plan as "water retention area ".
The width, length and depth of the retention area does generate the
design capacity stated in the architect's correspondence. However,
this would assume vertical walls of the retention area at the north
and south limits. Additionally, when comparing the proposed
landscape plan to the proposed site plan, plantings would be placed
in the retention areas.
The following comments are made:
1) A cross section of the retention area should be
shown. If a vertical wall retention area is used, it
should be off set from the property lines a minimum of
five feet.
2) Sheet flow from Oleander Way and Gulfstream Road
should be prevented from entering the property.
-�
Barbara Gwynn, Town Clerk
Town of Gulf Stream
July 20, 1988
Page 2
3) If plantings are desired to be located in the
retention area, volume compensations should be made.
4) Retention areas should not be located adjacent to
the septic system drainfield.
It is recommended that the architect be requested to revise and
resubmit this portion of his work.
Yours truly,
J A. BUTKUS & ASSOCIATES
es A. Butkus, PE
cc: J. Pasquale, AIA
TGS.720
f
SPINA -En. DHTTMAX. FBIJEIRSPIICL & DOWLIFfi
ATTORNEYS AT LAW
A PARTNERSHIP INCLUOING PROFESSIONAL A550CIATIONS
501 EAST ATLANTIC AVENUE
DELRAY BEACH, FLORIDA 33483
(407) 276 -2900
ROBERT A DITTMAN
DONALD C. DOWLING
ROBERT FEDERSPIEL, P. A.
JOHN W SPINNER
July 25, 1988
Ms. Barbara Gwynn
Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Dear Barbara:
WEST PALM BEACH LINE
14011 736 0400
Enclosed is an original and one (1) copy of my memorandum to
the Commissioners as to the F.I.N.D. project. As I mentioned to
you I will be up north retrieving my family the first two weeks
of August so I will be unable to attend the meeting.
At this point I do not
Committee meeting until the
F.I.N.D. to see if they will
the most limited plan we feel
see if Mr. Dixson or Mr.
Commission Meeting.
Thanks.
RAD /ko
see the need for another Advisory
Town floats a trial balloon past
entertain a formal proposal on this,
they may accept. You might want to
Mayer could stand in for me at the
Cordially yours,
Robert A. Dittman
CC: Robert Dixson, Charles Eaton, Harry Kates,
William Lynch and William Mayer
The following is submitted in response to the Commissioners'
request to the Advisory Committee for a tentative plan which
might be approved by the Commission and presented to the
F.I.N.D.'s staff at a meeting, presently being arranged by the
Town Clerk, to follow the scheduled Commission Meeting on August
12:
F.I.N.D PROPERTY ACQUISITION AND DEVELOPMENT PLAN
Subject to the willingness of The Florida Inland Navigation
District to accept the following concept and plan relative to
property acquisition and development, and to the approval of the
residents of the Town, The Town of Gulf Stream would propose to
lease, lease with an option to purchase, or purchase the spoil
area immediately to the south of and contiguous to the southern
boundary of Place Au Soleil Subdivision in the Town of Gulf
Stream (MSA 641 A and adjacent parcel), on terms and conditions
acceptable to all affected parties. It being the opinion of the
Town and environmental organizations and agencies with whom the
Town has consulted that the subject property is well worth
preserving and restoring for purposes of an acquatic and wildlife
habitat in a metropolitan area where there is a dearth of such
environmentally protected areas, the Town would propose that,
upon acquisition of the property by lease, purchase or other
means, the Town take immediate steps to make the following
described improvements to the property:
1. Protect the property from damaging unauathorized
intrusion by means of fencing or other methods
approved by the Palm Beach County Department of
Environmental Resource Management and the
Audubon Society.
2. Commence renovation the property, by this
meaning removal of nuisance trees and vegation
and replacement with native trees and plantings
under a phase development plan (so as to not
unduly distrub existing species of animals and
birds) to be developed in conjunction with and
approved by the Palm Beach County Department of
TOWN OF GULF STREAM
F.I.N.D PROPERTY ADVISORY
COMMITTEE
100 SEA ROAD
GULF
STREAM, FLORIDA
33483
TO:
Commissioners of
the Town of Gulf
Stream
FROM:
Robert A. Dittman
Date:
July 25, 1988
Re:
F.I.N.D. Property
Acquisition and
Development
The following is submitted in response to the Commissioners'
request to the Advisory Committee for a tentative plan which
might be approved by the Commission and presented to the
F.I.N.D.'s staff at a meeting, presently being arranged by the
Town Clerk, to follow the scheduled Commission Meeting on August
12:
F.I.N.D PROPERTY ACQUISITION AND DEVELOPMENT PLAN
Subject to the willingness of The Florida Inland Navigation
District to accept the following concept and plan relative to
property acquisition and development, and to the approval of the
residents of the Town, The Town of Gulf Stream would propose to
lease, lease with an option to purchase, or purchase the spoil
area immediately to the south of and contiguous to the southern
boundary of Place Au Soleil Subdivision in the Town of Gulf
Stream (MSA 641 A and adjacent parcel), on terms and conditions
acceptable to all affected parties. It being the opinion of the
Town and environmental organizations and agencies with whom the
Town has consulted that the subject property is well worth
preserving and restoring for purposes of an acquatic and wildlife
habitat in a metropolitan area where there is a dearth of such
environmentally protected areas, the Town would propose that,
upon acquisition of the property by lease, purchase or other
means, the Town take immediate steps to make the following
described improvements to the property:
1. Protect the property from damaging unauathorized
intrusion by means of fencing or other methods
approved by the Palm Beach County Department of
Environmental Resource Management and the
Audubon Society.
2. Commence renovation the property, by this
meaning removal of nuisance trees and vegation
and replacement with native trees and plantings
under a phase development plan (so as to not
unduly distrub existing species of animals and
birds) to be developed in conjunction with and
approved by the Palm Beach County Department of
Environmental Resource Management and the
Audubon Society.
3. Install a nature trail, wildlife observation
areas, parking lot, and access road from
contiguous property to be obtained by the Town
for access (and additional wildlife perservation
purposes) purposes, all as required by the
aforesaid development plan.
At such time as the property has been renovated, or at such
earlier date as may be recommended by the Palm Beach County
Department of Environmental Resource Management and the Audubon
Society, the Town'would provide public access to the property
to educational and environmental groups, on a reservation basis,
under a management and maintenance program to be developed in
conjunction with and approved by the Palm Beach County Department
of Environmental Resource Management and the Audubon Society.
Upon conceptual approval of the foregoing proposed
acquistion and development plan, the Town will hold a public
hearing for the purposes of obtaining approval of its residents
and, should such approval be obtained, engage in formal
negotiations with the F.I.N.D's staff leading to formal
agreements for acquisition and development of the subject
property and adjacent property the Town will require for
dedicated access and additional preservation area.
STATE OF FLORIDA
PUBLIC EMPLOYEES RELATIONS COMMISSION
DANA BURBANK,
Charging Party,
V.
TOWN OF GULF STREAM and
CHIEF JAMES GREER
Respondents.
CASE NO. CA -88 -048
NOTICE OF APPEARANCE
Please take notice that the undersigned law firm hereby
enters its appearance on behalf of respondents, Town of Gulf
Stream and Chief James Greer. All future pleadings and
correspondence in this matter should be directed to the
respondents at the address of the undersigned firm.
Respectfully submitted,
CARSON & LINN, P.A.
Mahan Station
1711 -D Mahan Drive
Tallahassee, FL 32308
904/878 -2057
Leon rd A. Carson
Jam s W. Linn
e E. Turner
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been
furnished to Mark A. Cullen, Esq., 74 -A Lindy Lane, West Palm
Beach, FL 33406, by U.S. Mail this qn4C day of August, 1988.
Lucille E. Turner
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15 July 1988
From: Leslie G. Bucklew, Jr.
P.O. Box 1441
Boynton Beach➢ FL. 33425 -1441
To: The Mayor And Town Council of the Town of Gulf Stream
246 Sea Road
Gulf Stream, FL. 33444
Dear Sirs,
I am writing in regards to the accident I suffered while on duty as
a Police Officer on 8 January 1982. After seeking council with various
Social Service Workers, they have advised me that I am entitled to a
retirement pension from the Town of Gulf Stream and also medical benefits
which should be included in the retirement benefits. I would like to settle
this matter without resorting to legal means if at all possible. I have
been advised this is over and above the waiver I signed with the Town's
Workmen's Compensation Carrier. I am currently on 100% disability
classification by the Social Security Adminstration and my condtion
medically is gradually deteriorating. I hope this matter can be settled
without resorting to a legal confrontation. I would like to heal• from you
if possible by the end of next week. Also, I have written to Governor
Martinez, Congressman Dan Mica, and Senator Bob Graham in regards to this
matter. If no word is forthcoming by the end of next week, I will be forced
to turn this matter over to an attorney and seek satisfaction in going that
route. Your attention to this matter would be greatly appreciated.
cc: To personal files for future reference.
Sincere i,
Leslie GG.. Bucklew, Jr.�
" F l o r i d a M u n i c i p a l S e l f -
I n s u r e r s F u n d ( W o r k e r s '
C o m p e n s a t i o n )
" F l o r i d a M u n i c i p a l L i a b i l i t y
S e l f - I n s u r e r s P r o g r a m
( T o r t L i a b i l i t y )
" F l o r i d a M u n i c i p a l H e a l t h
T r u s t F u n d
" F l o r i d a M u n i c i p a l P e n s i o n
T r u s t F u n d
" F i r s t M u n i c i p a l L o a n P r o g r a m
J u l y 2 6 , 1 9 8 8
M s . B a r b a r a G w y n n
A s s i s t a n t T o w n M a n a g e r / T o w n C l e r k
T o w n o f G u l f S t r e a m
1 0 0 S e a R o a d
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F l o r i d a L e a g u e o f C i t i e s , I n c .
2 0 1 W e s t P a r k A v e n u e
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P U B L I C R I S K S E R V I C E S D I V I S I O N
1 7 4 W e s t C o m s t o c k A v e n u e
P o s t O f f i c e B o x 1 4 4 8
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B y r o n B e a r d h a s t u r n e d o v e r y o u r l e t t e r o f J u l y 2 0 , 1 9 8 8 t o m e f o r
r e p l y .
M r . B u c k l e w ' s w o r k e r s ' c o m p e n s a t i o n w a s c o m p l e t e l y r e s o l v e d a l o n g t i m e
a g o .
W h e t h e r o r n o t h e i s e n t i t l e d t o r e t i r e m e n t b e n e f i t s f r o m t h e T o w n o f G u l f
S t r e a m i s a n a n s w e r t h a t m u s t c o m e f r o m G u l f S t r e a m a s w e a r e n o t p r i v y t o
y o u r r u l e s a n d r e g u l a t i o n s .
I a m s o r r y I c a n ' t b e o f m o r e h e l p i n t h i s m a t t e r .
S i n c e r e l y ,
R o b e r t J . M e y e r
C l a i m s M a n a g e r
R J M / l b
c c : B y r o n B e a r d
% - ��7 . 8 t �� - & 6 p t - - T a - T A C K
e o P 1 ' f o ��a f / N " P n N b o [ P / ��
COMMISSIONERS
WILLIAM F KOCH. JR, Mayor
ALAN I ARMOUR, Vice Mayor
JAMES E CROSS
JAMES T SKELLY. JR.
LAWRENCE E. STAHL
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
July 25, 1988
MEMO
TO: Acting Police Chief Buchan
FROM: Barbara Gwynn
MAIL ADDRESS
100 SEA ROAD
GULF STREAM, FLORIDA
0048]
TEL.'. GULF STREAM
(407) 276 5115
Town Manager
WILLIAM E. GWYNN
Assistant Town ManaganT.we Clerk
BARBARA GWYNN
Chief of Polito
JAMES GREER
Attached is a letter from Attorney John Randolph. Since
this deals with your department 1 am turning Mr. Randolph's
letter and Mr. Bucklew's letter over to you to follow up.
I will be glad to help you in anyway that I can in providing
additional information. I have also notified our insurance
company in regard to Mr. Bucklew's request.
c,
B
TONES, FOSTER, JOHNSTON & STUBBS, P.A.
`_J
�1
MARGARETL COOPER
REBECCA G MANE
L MARTIN FLANAGAN
SCOTT G HAWKINS
THORNTONM HENRY
Pf R R 5 HM TON
IIAIIIIY A JIINN'i 111N 11
MA.11 K=N+L111
CHARLES B KOVAL
MICHAEL T KRAW
JOHN BLAIR MCCRACKEN
Barbara Gwynn
Town Clerk
Town of Gulf
100 Sea Road
Gulf Stream,
Stream
Florida 33483
July 21, 1988
re: Leslie G. Bucklew, Jr.
Dear Barbara,
OTHER LOCATION
551 5 E. BT STREET, SURE 101
DEL RAY BEACH. FLORIDA XMA4
TIMOTHY E MONAGHAN
JOHN C RANDOLPH
ANN MARIE G. REVONCO
ANOREW R. ROSS
STEVEN J. ROTHMAN
PETER A SACHS
JOEL T STRAWN
SIDNEY A STUBBS. JR
ALLEN TOMLIN.0
JOIIN S RRMPFD
MCIIAEL P WAIN
H ADAMS WEAVER
TIMOTHY WHALEN
PAUL WOLFE
You have forwarded to me a copy of the enclosed letter
from Leslie G. Bucklew, Jr. Without knowing the details and
the history of this, I am unable to comment as to whether Mr.
Bucklew is indeed entitled to any benefits from the Town.
I would appreciate your advice in regard to this matter.
JCR /ajs
Enclosure
cc: Bill Koch (w/ enclosure)
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
505 SOUTH FLAGLER DRIVE
COUNSEL
ELEVENTH FLOOR
WItUAMA FOSTER
P.O. DRAWER E
LARRY B ALEXANDER
WEST PALM BEACH, FLORIDA 33402 -3475
GFORGE H BAILEY
(407( 656 -3000
KEANC BEUTTENMULLER
MICHAEL BROWN
FAX: (4071832-1454
`_J
�1
MARGARETL COOPER
REBECCA G MANE
L MARTIN FLANAGAN
SCOTT G HAWKINS
THORNTONM HENRY
Pf R R 5 HM TON
IIAIIIIY A JIINN'i 111N 11
MA.11 K=N+L111
CHARLES B KOVAL
MICHAEL T KRAW
JOHN BLAIR MCCRACKEN
Barbara Gwynn
Town Clerk
Town of Gulf
100 Sea Road
Gulf Stream,
Stream
Florida 33483
July 21, 1988
re: Leslie G. Bucklew, Jr.
Dear Barbara,
OTHER LOCATION
551 5 E. BT STREET, SURE 101
DEL RAY BEACH. FLORIDA XMA4
TIMOTHY E MONAGHAN
JOHN C RANDOLPH
ANN MARIE G. REVONCO
ANOREW R. ROSS
STEVEN J. ROTHMAN
PETER A SACHS
JOEL T STRAWN
SIDNEY A STUBBS. JR
ALLEN TOMLIN.0
JOIIN S RRMPFD
MCIIAEL P WAIN
H ADAMS WEAVER
TIMOTHY WHALEN
PAUL WOLFE
You have forwarded to me a copy of the enclosed letter
from Leslie G. Bucklew, Jr. Without knowing the details and
the history of this, I am unable to comment as to whether Mr.
Bucklew is indeed entitled to any benefits from the Town.
I would appreciate your advice in regard to this matter.
JCR /ajs
Enclosure
cc: Bill Koch (w/ enclosure)
STATE OF FLORIDA
PUBLIC EMPLOYEES RELATIONS COMMISSION
2586 Seagate Drive, Suite 100
Tallahassee, Florida 32301
(904) 460 -8641
CHARGE AGAINST EMPLOYER
(Fla. Admin. Code Rule 38D- 21.01)
r
®li+
,rne m
CASE NUMBER
CA —
DATE FILED
INSTRUCTIONS:
Submit an original and one (1) copy of this charge to the Public Employees Relations Commission along with proof of simultaneous
service upon the other parties as required by Fla. Admin. Code Rule 38D - 13.04. (NOTE: The charge must be accompanied by
sworn statement(s), and where applicable, documentary evidence in support of the allegations of the charge. Such supporting
evidence and documentary evidence is NOT to be attached to the charge and need not be served upon the other parties.)
The Charging Party alleges that the public employer or its agents named below have engaged in (an) unfair labor practice(s).
Charging Party requests the Public Employees Relations Commission to process this charge under its proper authority.
1. NAME OF CHARGING PARTY. Dana Burbank
Address: 922 South "F" Street
Zip
2. CHARGING PARTY REPRESENTATIVE: Mark A. Cullen, Esct. �
Title: _attnrnev
Phone No. 406/640 -9191
Address:
33406
3. NAME OF EMPLOYER: Town of Gulf Stream and Chief James Greer
Address:
246 Sea Road
Gulf Stream, FL 33444
4. EMPLOYER REPRESENTATIVE:
Title:
Address:
Phone No.
Code
Zip Code
Code
5. The above -named employer or its agents have engaged in (an) unfair labor practice(s) within the meaning of Section
447501(1)(a) and (b) (e) , Florida Statutes.
(list sections)
Pape 1 of 2
S. BASIS OF CHARGE: (Specify facts, names, places, dates, etc. If more space is needed, attach additional pages.)
On January 25, 1988, Dana Burbank was fired from his employment
with the Town of Gulf Stream Police Department. He was ter-
minated by the police chief, James Greer. Dana Burbank had pre-
viously been involved in discussions with other officers about
establishing a union for the police department. The police chief
had become aware of these union organizing activities and had
made comments to several of the officers at the police department
that if a union was organized that everybody in the union would
be terminated and that only Chief Greer would remain as an
employee of the town. In addition, Chief Greer repeatedly
referred to the charging party as a ringleader in the union orga-
nizing efforts and often times spoke derogatorily of him in front
of the other Town personnel.
When the charging party was terminated, he was not given any
justification for the termination. When the charging party
attempted to appeal the decision by having an administrative
hearing for that purpose, he was denied his request.
The employer has interfered with the charging party's exercise of
his rights to discuss union organizing activities with his co-
workers in violation of Section 447.501(1)(a), Fla. Stat. The
employer has discouraged membership in any employee organization
by firing the charging party in violation of Section
447.501(1)(b), Fla. Stat. The employer has interfered with the
formation and existence of an employee organization by subjecting
the charging party to discipline and by denying him any appeal
procedure with regard to his discharge in violation of Section
447.501(1)(e), Fla. Stat.
Attached hereto are supporting affidavits submitted by Officer
Paul Peterson, Officer Joe Stock, and by the charging party.
I have read the charge. The statements contained therein are true to the best of my knowledge and belief. A copy of this
fully executed form has been mailed or delivered to the other hart i
I certify that a true copy of
the foregoing was sent by U.S. Signature of Charging Party Representative
Mail to the Town of Gulfstream and
to ChtZf ames on this 22d
�ay 1 /, U.S. Mail. S�^or� tp and subsscrjbgd before me this Zz day of—
ay (��
rk Culd iL-, 'Esquire U
Netary Public. State at Florida at Large
My Commission Expires Jan. 27, 1M
My Commission expires: -- r,,4•, n�KvFger
FALSE STATEMENTS MAY RESULT IN FINE AND IMPRISONMENT
PURSUANT TO SECTION 837.06, FLORIDA STATUTES
PERC Form 15 i»n
Pane 2 Of 2
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a n d C h i e f J a m e s G r e e r
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P l e a s e f i n d e n c l o s e d a n O r d e r i s s u e d b y P h i l l i p P .
Q u a s c h n i k f o r t h e P u b l i c E m p l o y e e s R e l a t i o n s C o m m i s s i o n i n
r e g a r d t o t h e a b o v e - r e f e r e n c e d c a s e . A l s o e n c l o s e d i s a c o p y
o f a n O r d e r A s s i g n i n g H e a r i n g O f f i c e r .
V e r y t r u l y y o u r s ,
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c c : B i l l G w y n n
STATE OF FLORIDA
PUBLIC EMPLOYEES RELATIONS COMMISSION
DANA BURBANK,
Charging Party, Case No. CA -88 -048
V. ORDER ASSIGNING
HEARING OFFICER
TOWN OF GULF STREAM AND
CHIEF JAMES GREER,
Respondent.
Mark A. Cullen, West Palm Beach, attorney for charging party.
John C. Randolph, West Palm Beach, attorney for respondent.
A Commission - designated agent has determined that the charge
or a portion of the charge in this case establishes a prima facie
violation of Section 447.501, Florida Statutes (1987). Because
this case may involve disputed issues of material fact, the
Commission appoints H. Lee Cohee II as hearing officer pursuant
to Section 447.503(5), Florida Statutes (1987).
The assigned hearing officer will contact each representa-
tive to schedule a mutually acceptable date, time and place for
an evidentiary hearing. The public interest in prompt resolution
of the issues presented by this case requires that the hearing
officer apply the following guidelines in scheduling the hearing.
The hearing should be scheduled within forty days from the date
of the notice of sufficiency, unless either party shows good
cause for a later date, in which case the hearing may be sched-
uled up to forty -five days from the date of the notice of
sufficiency. A continuance of a scheduled hearing may be granted
only upon a clear showing of good cause based upon events which
arose after the hearing was scheduled. However, a previously
scheduled hearing should not be continued for more than fourteen
days in the absence of extraordinary circumstances which would
impose extreme hardship or undue prejudice on one or both parties
if the hearing were not Continued.
The Commission's rules are published in the Florida Adminis-
trative Code at Chapter 38D. Copies may be obtained from the
Commission Clerk. Particular attention should be paid to Chapter
38D -14, Evidentiary Hearing Procedures. Pursuant to Florida
Administrative Code Rule 38D - 14.001 the assigned hearing officer
will be issuing a notice of hearing specifying the time, date and
place of the evidentiary hearing at least fourteen days prior to
the hearing. The hearing officer may also issue such prehearing
orders as are necessary for the prompt and complete resolution of
the issues raised in the case.
It is so ordered.
MATTIMORE, Chairman, SLOAN and POOLE, Commissioners, concur.
I HEREBY CERTIFY that this document was filed and a copy
served on each party on e2Q Qtj,a gA- -,/ 1988,
BY: "C,4&
Clerk
1 4 REL�
�'� "►� 'z'rcF�7,
STATE OF FLORIDA
PUBLIC EMPLOYEES RELATIONS COMMISSION
DANA BURBANK,
Charging Party, Case No. CA -88 -048
V. GENERAL COUNSEL'S PARTIAL
SUMMARY DISMISSAL AND
TOWN OF GULF STREAM AND NOTICE OF SUFFICIENCY
CHIEF JAMES GREER,
Respondent. Order No. 88GC -206
Issued: August 4, 1988
Marl: A. Cullen, West Palm Beach, attorney for charging party.
John C. Randolph, West Palm Beach, attorney for respondent.
On July 25, 1988, Dana Burbank, filed an unfair labor
practice charge alleging that the Town of Gulf Stream, through
its agent Chief James Greer, violated Section 447.501(1)(a), (b)
and (e), Florida Statutes (1987), by terminating Burbank for
engaging in union activity. Upon review of the charge, pursuant
to Section 447.503, Florida Statutes (1987), and Florida Adminis-
trative Code Rule 38D- 21.002, I conclude that the portion of the
charge alleging violations of subsections (a) and (b) of Section
447.501 is sufficient to establish a prima facie violation.
However, the charge is insufficient to establish a prima facie
violation of subsection (e) of that statute.
Section 447.501(1)(e), Florida Statutes (1987), prohibits
public employers and their agents from "[d]ominating, interfering
with, or assisting in the formation, existence, or administration
of, any employee organization or contributing financial support
to such an organization." The type of activity prohibited by
Section 447.501(1)(e) is typically demonstrated by an employer's
entanglement with, or influence upon, the internal affairs of an
employee organization, i.e., activity which is aimed at the
organization as a separate entity in matters such as officer
selection, membership criteria, or other policy decisions. See
Escambia Education Association FTP -NEA v. School Board of
1
a
AUG G d i988
CA -88 -048
Escambia County, 10 FPER f 15160 (1984); Burns v. Board of
Regents, 9 FPER T 14152 (1983); Charlotte CountV Classified and
Teachers Association, AFT, AFL -CIO. Local 3841 v Charlotte
County School District, 12 FPER c 17103 (1986) (G.C. Summary
Dismissal). The type of activity described in this charge is
addressed in Section 447.501(1)(a) and (b) and does not demon-
strate that the County or any of its agents impermissibly meddled
is an enployee organization's internal affairs.
Pursuant to Section 447.503(2)(b), the Town shall file an
answer with the 'Commission to those portions of the charge found
sufficient and serve a copy on Burbank's counsel within twenty
days after issuance of this order. Failure to file a timely
answer shall be .deemed to constitute an admission of the material
facts alleged in the charge. The Town may obtain copies of the
supporting documents submitted by Burbank and listed on the
attached Index by making a request and providing payment pursuant
to Florida Administrative Code Rule 38D- 11.007.
As to the dismissed portion of the charge, Burbank may
appeal this partial summary dismissal to the Commission within
twenty ,days of the issuance of this order by filing with the
Commission a written request for review. § 447.503(2)(a), Fla.
Stat. (1987); Fla. Admin. Code Rule 38D- 21.002(3). The request
for review should briefly and concisely set forth the points of
fact and law which Burbank claims are sufficient to establish a
prima facie violation of the applicable unfair labor practice
provision.
ISSUED and SERVED on all parties this 4th day of August,
PPQ /sc
Phil ip P. Quasctinick
General Counsel
2
STATE OF FLORIDA
PUBLIC EMPLOYEES RELATIONS COMMISSION
DANA BURBANK,
Charging Party,
V. Case No. CA -88 -048
TOWN OF GULF STREAM AND
CHIEF JAMES GREER,
Respondent.
INDEX OF SUPPORTING DOCUMENTS
1. Affidavit of Dana Burbank dated July 22, 1988. (3 pages)
2. Affidavit of Paul Peterson dated July 22, 1988. (2 pages)
3. Affidavit of Joe Stocks dated May 26, 1988. (1 page)
a