HomeMy Public PortalAbout11 14 06 MinutesMINUTES OF THE FINE ASSESSMENT HEARING HELD BY THE SPECIAL
O MAGISTRATE OF THE TOWN OF GULF STREAM ON TUESDAY, NOVEMBER 14, AT
8:30 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD,
GULF STREAM, FLORIDA.
Special Magistrate Laza Donlon called the hearing to order at 8:30 A.M.
Special Magistrate Donlon administered the Oath to Keith Kern, Attorney for Mr. Taylor and
William Thrasher, Town Manager.
The Special Magistrate instructed that the Town would first present their case and then the
defendant could present his case and cross-examination would follow if, so desired.
Case No. CE6-06: Anthony, S. Turner, 2900 Avenue Au Soleil
Installation of a dock without first obtaining a building permit, in violation of Sections 42.26
through 42.28 of the Town of Gulf Stream Code of Ordinances.
Town Manager Thrasher explained that the respondent did not comply with the ruling of the
Special Magistrate, in that he has not applied for a building permit for the installation of the
existing dock by November 3 .
Mr. Turner was represented by Attorney Kern who explained that the home owner is willing to
secure a permit for the dock. However, he attempted to hire several different contractors but was
C., unable to get one that would apply for a permit, given that the dock is already in place. He
stated that his client recently contracted with Top Gun Construction, and engineer Michael Baver
was hired to do the engineering plans. The plans would be available within the next couple days,
at which time Top Gun Construction would be applying for the permit. Mr. Kern stated that his
client has shown good faith and he requested an extension of time to complete the permitting
process because of the delay of not being able to find a contractor earlier that was willing to do
the job.
Mr. Thrasher asked how often Mr. Kern is in contact with the homeowner and what does he
believe the scope of work would involve.
Mr. Kern explained that the homeowner is out of the country often but he speaks with him every
other week. However, there is a friend of the homeowner that he is in contact with weekly. He
stated that the seawall juts in as compared to the neighbors but if the County determines that the
dock is in violation, it would have to be moved or removed. He added that he is not sure whether
the Army Core of Engineer would be involved in the permitting process.
Special Magistrate Donlon asked the Town Manager what he would recommend on behalf of the
Town to adjudicate this matter.
The Town Manager stated that the dock has to be modified and requested that a building permit
for a dock, including approvals from the Department of Environmental Protection and any other
Town of Gulf Stream
Fine Assessment Hearing
November 14, 2006
Page 2
required agency be applied for and a fee of $100.00 per day be assessed until such time as the
complete application is received by the Town.
Special Magistrate Donlon concluded that the respondent remains in violation of the above listed
code sections of the Code of Ordinances of the Town of Gulf Stream. She ordered that a fine of
$50.00 per day be assessed for the violation for the period beginning November 4, 2006, and
continuing to accrue at $50.00 per day until a complete permit application is received. The
Special Magistrate continued to reserve ruling as to whether the dock is in compliance with the
applicable code.
There being no other items on the agenda, the Special Magistrate adjourned the meeting at 8:45
A.M.
C) Y e E. Eckert, CMC
De ty Town Clerk