HomeMy Public PortalAbout07 13 11 MinutesMINUTES OF THE FINE REDUCTION HEARING HELD BY THE CODE ENFORCEMENT
C% SPECIAL MAGISTRATE OF THE TOWN OF GULF STREAM ON WEDNESDAY, JULY
13, 2011 AT 10:30 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 10:36 A.M. She announced that
the Case being heard is Case No. CE 2-11 at 920 Indigo Point regarding a fine reduction request.
She said this case has been before her twice, first as a violation hearing and then a fine
assessment hearing. The Special Magistrate administered the Oath to William Thrasher, Town
Manager of the Town of Gulf Stream and Edward Slominski, Respondent.
The Special Magistrate asked if there were any documents to be presented and stated, for the
record, that she was provided with the request from Mr. Slominski, which she has reviewed.
Special Magistrate Donlon asked the Town to proceed.
William Thrasher, Town Manager for the Town of Gulf Stream, stated that the Town has
documentation to present to the Special Magistrate for review. Mr. Thrasher presented the
Agenda and Notice of Fine Reduction Hearing along with a return receipt signed by Edward
Slominski on July 6, 2011 as proof of delivery. Mr. Slominski confirmed receipt. The Special
Magistrate ruled that proper notice had been given and marked the document(s) as Exhibit #1 for
the Town of Gulf Stream.
Mr. Thrasher stated that the violation has been corrected and said the permit application through
�.' the Town of Gulf Stream was dated June 14, 2011. Mr. Thrasher presented the permit
application with attachments to the Special Magistrate. He said the Town is addressing two (2)
administrative fees, each in the amount of $150.00 and, per the Special Magistrate's Order, a fine
of $25.00 per day running to June 14, 2011. The Special Magistrate marked the document(s) as
Exhibit #2 for the Town of Gulf Stream.
The Special Magistrate said, before Mr. Slominski presents his argument she would like to know
what the Town's position is with respect to their request. Mr. Thrasher stated that, based on a
specific ordinance in the Town Code, the administrative cost of $150.00 per hearing cannot be
waived. He said the Town Commission added this to the Code very recently because they
observed that the Town was not recovering administrative costs and they find it necessary to do
so. Mr. Thrasher said the Town is recommending that both administrative fees be collected and
that the $25.00 per day assessment, running to June 14, 2011, be reduced by 50% of the accrual.
Mr. Slominski apologized to Special Magistrate Donlon for missing the second hearing. He said
he attempted to contact the Special Magistrate, but was told they could not speak ex -parte. Mr.
Slominski said his contractor told him he met with the Town Manager and the Town Manager
indicated to him that everything was fine. He said his contractor told him he did not need to
attend that hearing. Mr. Slominski asked the Special Magistrate to consider how his absence
came about.
Mr. Slominski said he acted diligently and responsibly as he indicated he would and that Mr.
i
Thrasher and Rita Taylor, the Town Clerk, had been very helpful in clearing up the balance of
this issue. He said when he gave his original presentation of his case, he indicated he had a
permit for a fence on file with Palm Beach County and it is referenced that only at the
completion of the work was the pool inspection to be complete, but when Palm Beach County
came out they inspected the house only, and not the pool. Mr. Slominski said he believes there
has been a series of facts falling against him, he has suffered the loss of his mother during this
time and he was at odds. He said he has no problem with the original fine, but has an issue with
the daily fine.
Special Magistrate Donlon asked Mr. Slominski to clarify his feeling about the administrative
fees. Mr. Slominski said he had no problem with the original fine of $150.00 for the first
hearing, but the administrative cost of the second hearing should be waived. When asked by the
Special Magistrate what he suggests concerning the running fine, Mr. Slominski said he believed
it should be waived. He said he always had a permit with notations by the Inspector and he
would ask the Town in the spirit of good will to take that position.
Special Magistrate Donlon asked Mr. Thrasher if he had a response. Mr. Thrasher said he did
not.
FINDINGS:
Special Magistrate Donlon found that proper notice had been given and the violation has been
corrected. She said she understands why Mr. Slominski is requesting the administrative fee be
waived for the second hearing, and it is unfortunate that the contractor advised him not to attend;
r however, the Code provides for the second hearing to be held, the fee has been requested and
both administrative fees will stand. With respect to the actual daily fine, Special Magistrate
Donlon stated that the Town has suggested a 50% reduction would be appropriate. She said,
based on the testimony and evidence heard today, it seems there may have been some
miscommunication concerning the permit; however, a fall waiver of the daily fine is not
appropriate. Special Magistrate Donlon said she will reduce the daily fine by 75%. She said she
will enter the Order and the reduced amount with the administrative fees due and payable within
ten (10) days.
This concluded the Fine Reduction Hearing of Case No. CE 2-11 and the Special Magistrate
adjourned the hearing at 10:50 A.M.
Rita L. Taylor, Town Clerk