HomeMy Public PortalAbout08 28 07 MinutesMINUTES OF THE FINE ASSESSMENT/STATUS HEARING HELD BY THE CODE
ENFORCEMENT SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON
TUESDAY, AUGUST 28, 2007, AT 10:00 A.M., IN THE COMMISSION CHAMBERS OF THE
TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
Special Magistrate Lara Donlon called the hearing to order at 10:05 A.M.
The Magistrate administered the Oath to William Thrasher, Town Manager and Herbert Schaffer.
The Special Magistrate instructed that the Town would first present their case and then the defendant
could present his case and cross-examine if so desired.
Failure to comply with Order of Special Magistrate.
Town Manager Thrasher stated that Mr. Schaffer did not comply with the Magistrate's order to provide
the town with three quotes by August 12`h to remove the dead tree and that the tree be removed by
August 22nd . He added that work has been done to the tree and he presented photographs of the tree
taken on August 28, 2007, by Sergeant Haseley.
Special Magistrate Donlon marked the two photographs as Town's Exhibit 1 and her order of August 7,
2007, as Town's Exhibit 2.
The Special Magistrate asked if Mr. Schaffer would like to respond.
Mr. Schaffer stated that he paid $475 to $500 for the tree to be removed to 12 inches above the ground.
He explained that he could not remove any more of the stump as the stump grinding equipment would
cause damage to the surrounding landscaping. Mr. Schaffer stated that he did not want any
reimbursement from the town and asked if anyone went on to his property to take the photographs.
The Magistrate asked if the code addresses stump removal.
Mr. Thrasher stated that the code does not address stump removal and that no one entered his property.
He asked if the tree contractor is licensed and if Mr. Schaffer would be requesting reimbursement from
the town.
Mr. Schaffer responded that he did not want any monetary participation from the town and that the tree
contractor is licensed.
Special Master Donlon ordered that, based on the evidence presented, the violation continued past the
date set for compliance. However, she would not impose a fine until September 5, 2007, unless the debris
around the stump is not cleared or properly stored. The fine would be $25.00 per day and will continue to
accrue at $25.00 per day for each day the violation continues to exist.
There being no other items on the agenda, the Special Magistrate adjourned the meeting at 10:20 A.M.
Y e E. Eckert, CMC
De ty Town Clerk