HomeMy Public PortalAboutPRR 16-2305TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
September 2, 2016
Mr. and Mrs. Honor
Re: 2765 Cardinal Circle
All communication, e-mails, etc. that the town has received concerning the hedges on his
property, 2765 Cardinal Circle.
Dear Mr. and Mrs. Honor:
The Town of Gulf Stream has received your original record request in person on September 2,
2016. The responsive records can be found at the following link:
http://www2.gulf-stream.org/weblink/O/doc/101 876/Pagel .aspx
We consider this matter closed.
Sincerely,
Renee Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records
Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Wednesday, August 17, 2016 4:48 PM
To: Bill Thrasher; Rita Taylor
Subject: Public Record Request sign ordinance enforcement
Attachments: 2765 Avenue Au Soleil taken 8-13-2016jpg; 2740 Cardinal Cir, taken 8-13-2016jpg;
2765 Cardinal Cir. taken 7-19-2016.jpg; 2765 Cardinal Circle taken 8-17-2016 jpg
Dear Custodian of Records,
I request to inspect certain public records related to the Town of Gulf Stream Florida.
While I am not obligated to explain why I want to inspect these records, I tell you it is for the purpose
of informing myself of the historic and current workings of the Town of Gulf Stream and its associated
entities, vendors, consultants, advisers, contractors and agents. The records I wish to inspect may
also be material to current, anticipated or presently unforeseen legal action. In addition, inspection of
these records may be essential to my ability to make informed comments in an upcoming public
hearing. The production of any and all responsive records is therefore urgent and must be acted upon
in compliance with Florida Statutes and established case law as soon as possible.
Before making this public record request, I first searched online and in the public records portion of
your agency's website hoping I could locate the public records I seek without having to write you
directly. Unfortunately I cannot find the records I request to inspect. Therefore I am writing you now
and requesting you make every effort as required by law to produce these public records without
delay.
I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of
the Florida Statutes. I hereby reserve all rights granted to me under the Florida
Constitution and Florida Statutes.
I ask that you take the following action:
• Read this entire request carefully and respond accordingly.
• If you are not the custodian of the public records described herein please determine who that person is and
notify me immediately in order that I may make this request to the appropriate person without delay.
• Reference Florida Statutes and appropriate case law when responding to this record request.
• Do NOT produce any records other than records responsive to this request.
• Identify by name the person or persons responding to this request if that person is not the Custodian of
Records for your agency as required by 119.07(1)(b).
Respond to this public record request in a singular manner and do not combine this
request with any other public record requests when responding to this request
Once you have determined that you do or don't have any records in your
custody responsive to this request, immediately act to obtain any responsive records
that may be in the custody of your contractor(s) or other parties.
Provide only those records for inspection that do not require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes.
As background to this request I call your attention to the many times I have asked Town
Manager Thrasher and Mayor Morgan, during public meetings and at other times, if the Town
has cease to enforce its sign ordinance. I have yet to receive a clear answer to that question
from anyone at the Town. Since I apparently can't get that question answered, I will try to
make that determination via a public record request. For the purposes of this request I refer
you to:
Town of Gulf Stream's website where you can examine the property survey of each of
the homes shown in the attached photos,
Ordinance 15/01 which, as you know, regulates the size and placement of signs in the
Town of Gulf Stream,
the attached photos of signs on properties in Place Au Soleil.
Please examine these photos of signs at various locations around the Place Au Soleil
neighborhood of the Town of Gulf Stream that are attached to this email. I have personally
observed these signs in these photos for some time now as I am sure the Gulf Stream Police
must also have, as they drive by these properties almost hourly. I assume Town Manager
Thrasher has also seen these signs during his periodic visits to Place Au Soleil. Each photo is
labeled with the address of the property where the photo was taken and when it was taken.
request to inspect the most recently created record of any communication between the Town
and any of the property owners whose property is shown in the attached photos regarding
any of the signs illustrated in the attached photos.
THIS EMAIL IS A REQUEST TO INSPECT A PUBLIC RECORD - IT IS NOT A
COMPLAINT. PLEASE DO NOT SEND ANOTHER OFFICIAL LETTER OR SIMILAR TOWN
COMMUNICATION TO ANY TOWN RESIDENT NOTIFYING THEM THAT I AM COMPLAINING
ABOUT THEIR PROPERTY.
I ask you to take note of §119.07(1)(c) Florida Statues and your affirmative obligation to (1)
promptly acknowledge receipt of this public records request and (2) make a good faith effort which
"includes making reasonable efforts to determine from other officers or employees within the agency
whether such a record exists and, if so, the location at which the record can be accessed." I am,
therefore, requesting that you notify every individual and entity in possession of records that may be
2
responsive to this public records request, including individuals and entities under contract with your
agency, to preserve and produce all responsive records on an immediate basis.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from
inspection or disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida
Statutes and state in writing and with particularity the basis for your conclusions as required
by §119.07(1)(f) of the Florida Statutes. Produce for my inspection all responsive records and ONLY
redact that portion of the record that you consider exempt. To be clear, if you consider an entire
record to be exempt, produce that record in its entirety with all portions redacted that you consider
exempt. I specifically ask you to do this in order that I may inspect fully redacted records for the
purpose of challenging a particular redaction or establishing a reference for a future request of a
record that is only temporarily exempt, as in the case of a public record that was prepared by an
agency attorney exclusively for litigation and is only exempt from disclosure until the conclusion of the
litigation.
If the public records being sought are maintained by your agency or contactors for your agency, in an
electronic format please produce the records in the original electronic format in which they were
created or received. See §119.01(2)(f), Florida Statutes.
Again I ask that you provide only those records for inspection that do not require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes. Take note
of §119.07(4)(a)3.(d) Florida Statues and if you anticipate that any records exist, the production for
inspection of which will require extensive use of information technologies or extensive staff time or
both in excess of 15 minutes, then please provide those records that can be produced within the first
15 minutes and advise me of the cost you anticipate to be incurred by your agency for the remaining
records prior to incurring this cost. Please do not incur any costs on my behalf without first obtaining
my written authorization to proceed. If you produce only a portion of all existing responsive records,
please tell me that your response includes only a portion of all existing records responsive to this
request.
If you anticipate the need to incur any costs that I would be statutorily required to pay in order to
inspect these public records which would exceed $1.00 please notify me in advance of your incurring
that cost with a written estimate of the total cost. Please be sure to itemize any estimates so as to
indicate the total number of pages and/or records, as well as to distinguish the cost of labor and
materials. Again, please do not incur any costs on my behalf without first obtaining my written
authorization to proceed.
The phrase Town of Gulf Stream when used herein refers to the Town in its entirety including all
employees, appointees, officials, assignees, counsel and consultants including Town Manager, Town
Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town Departments, Town Police
Officers, Town Employees, Town Engineer, the law firm (Jones Foster Johnston & Stubbs P.A.) that
3
claims to be the Town Attorney including all attorney, partner and employee members of that firm; the
Town Counsel of Sweetapple, Broeker & Varkus including all attorney, partner and employee
members of that firm, the Town Counsel of Richman Greer, P.A. including all attorney, partner and
employee members of that firm and any other entity associated with the Town and subject to public
records law.
The term public records, as used herein, has the same meaning and scope as the definition of Public
records adopted by the Florida Legislature as Statutes Chapter 119.
A record that does not exist because of its disposition requires the creation of a disposition record. In
all instances where you determine a record does not exist please determine if the record once existed
and in its replacement provide the disposition record for my inspection.
If you do not understand any part of this request or if you need clarification about this request, notify me as
soon as possible so I may further describe or clarify this request.
All responses to this public records request should be made in writing to the following email address:
chrisoharegulfstream@gmail.com
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Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Friday, June 6, 2014 1:13 PM
To: Bill Thrasher, Rita Taylor; scottmorgan75@gmail.com
Subject: Fwd: 2765 Cardinal Cir, permit
Attachments: 2765 Cardinal Cir. permit.pdf
Dear Custodian of Records,
Thank you for your email regarding my request for public records of your agency. I have forwarded it to you
herein for your reference.
You partially responded, Please be advised that the Town of Gulf Stream is not required to provide information
or legal advice from our records. I, do not understand this response because I am not asking for information or
legal advice. I asked for:
The f rst page of any permit application for all permits applied for, or granted by the Town for work to the
property located at 2765 Cardinal Circle. Please limit the responsive records to only those records created or
received by the Town after Jan. 12014.
Please allow me to break down this request into its basic elements:
The record asked for is the first page any permits.
The permits are for work at 2765 Cardinal Circle.
The records sought are those created after Jan. 1, 2014
You must have misread my public record request to somehow conclude I am asking you for anything other than
a public record.
Please consider this email to be my second attempt to obtain these public records.
Regarding your comments about not responding to this public record request, I disagree with your assertions
and respectfully ask that you comply with State law and our State Constitution and produce records responsive
to this request.
Sincerely,
Chris O'Hare
---------- Forwarded message ----------
From: Bill Thrasher <bthrasher(a,gulf-stream.org>
Date: Fri, Jun 6, 2014 at 12:34 PM
Subject: 2765 Cardinal Cir. permit
To: "chrisoharegulfstream(oDjunail.com" <chrisoharegulfstream(a,gmail.com>
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended
recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all
copies of the original message. Florida has a very broad public records law. Written communications regarding
Town of Gulf Stream business are public records available to the public upon request. Your e-mail
communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public
records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by phone or in writing.
Renee Basel
From: Chris O'Hare<chrisoharegulfstream@gmail.com>
Sent: Friday, June 6, 2014 12:28 PM
To: Bill Thrasher; Rita Taylor; scottmorgan75@gmail.com; Louis Roeder
Subject: Fwd: 2765 Cardinal Cir. permit
Dear Rita Taylor,
This email will serve to memorialize our conversation today in the commission chambers of town hall. You will
recall that we met about 11:45 am this morning and I hand delivered to you a printed copy of the email also
forwarded herein to you for your reference.
Thank you for your attention to this matter.
Sincerely,
Chris O'Hare
---------- Forwarded message ----------
From: Chris O'Hare <clirisoharegulfstream cr amail.com>
Date: Thu, Jun 5, 2014 at 11:21 AM
Subject: 2765 Cardinal Cir. permit
To: bthrasher(<aaulf-stream.ora.didthevreadit.com, RTayloraDgulf-stream.org.didtheyreadit.com
Dear Mr. Thrasher,
During my occasional walks through Place Au Soleil neighborhood I have observed a number of times that
construction activity apparently is being conducted to the interior of the structure located at 2765 Cardinal
Circle. I have witnessed workers going in and out the front door, construction vehicles parked on the property,
and heard banging and sawing sounds coming from inside the home. A large construction dumpster partially
filled with what appears to be framing, drywall and other construction debris is located in the front yard. 1 also
observed Police officers routinely parked nearby so they have no doubt also made you aware of this activity. I
last observed this activity this morning as I was leaving Place Au Soleil.
Please forward this email to the Custodian of Records for your agency in order for me to make record requests
in regard to this matter.
Sincerely,
Chris O'Hare
PUBLIC RECORDS REQUEST
Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to
make a public records request of your agency for the following records:
The first page of any permit application for all permits applied for, or granted by the Town for work to the
property located at 2765 Cardinal Circle. Please limit the responsive records to only those records created or
received by the Town after Jan. 1 2014.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or
disclosure please cite the specific exemption as required by 6119.07(1)(e) of the Florida Statutes and state in
writing and with particularity the basis for your conclusions as required by 5119.07(1)(f) of the Florida Statutes.
Please take note of 4119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt
of this public records request and (2) make a good faith effort which "includes making reasonable efforts to
determine from other officers or employees within the agency whether such a record exists and, if so, the
location at which the record can be accessed." I am, therefore, requesting that you notify every individual in
possession of records that may be responsive to this public records request to preserve all such records on
an immediate basis.
If the public records being sought are maintained by your agency in an electronic format please produce the
records in the original electronic format in which they were created or received. See §119.01(2)(f), Florida
Statutes.
If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their
production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the
total number of pages and/or records, as well as to distinguish the cost of labor and materials. Do not incur any
expense responding to this public record request without first obtaining my consent to pay such expense.
All responses to this public records request should be made in writing to the following email
address: chrisoharegulfstream(a)gmail.com
Renee Basel
From: Chris O'Hare<chrisoharegulfstream@gmail.com>
Sent: Friday, June 6, 2014 12:28 PM
To: Bill Thrasher; Rita Taylor; scottmorgan75@gmail.com; Louis Roeder
Subject: Fwd: 2765 Cardinal Cir. permit
Dear Rita Taylor,
This email will serve to memorialize our conversation today in the commission chambers of town hall. You will
recall that we met about 11:45 am this morning and I hand delivered to you a printed copy of the email also
forwarded herein to you for your reference.
Thank you for your attention to this matter.
Sincerely,
Chris O'Hare
---------- Forwarded message ----------
From: Chris O'Hare<chrisoharegulfstream((Damail.com>
Date: Thu, Jun 5, 2014 at 11:21 AM
Subject: 2765 Cardinal Cir. permit
To: bthrashercar gulf-stream.org.didthevreadit.com, RTaylor(cbgulf-stream.org.didtheyreadit.com
Dear Mr. Thrasher,
During my occasional walks through Place Au Soleil neighborhood I have observed a number of times that
construction activity apparently is being conducted to the interior of the structure located at 2765 Cardinal
Circle. I have witnessed workers going in and out the front door, construction vehicles parked on the property,
and heard banging and sawing sounds coming from inside the home. A large construction dumpster partially
filled with what appears to be framing, drywall and other construction debris is located in the front yard. I also
observed Police officers routinely parked nearby so they have no doubt also made you aware of this activity. I
last observed this activity this morning as I was leaving Place Au Soleil.
Please forward this email to the Custodian of Records for your agency in order for me to make record requests
in regard to this matter.
Sincerely,
Chris O'Hare
PUBLIC RECORDS REQUEST
Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to
make a public records request of your agency for the following records:
The first page of any permit application for all permits applied for, or granted by the Town for work to the
property located at 2765 Cardinal Circle. Please limit the responsive records to only those records created or
received by the Town after Jan. 1 2014.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or
disclosure please cite the specific exemption as required by 4119.07(1)(e) of the Florida Statutes and state in
writing and with particularity the basis for your conclusions as required by §119.07(1)(f) of the Florida Statutes.
Please take note of 4119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt
of this public records request and (2) make a good faith effort which "includes making reasonable efforts to
determine from other officers or employees within the agency whether such a record exists and, if so, the
location at which the record can be accessed." I am, therefore, requesting that you notify every individual in
possession of records that may be responsive to this public records request to preserve all such records on
an immediate basis.
If the public records being sought are maintained by your agency in an electronic format please produce the
records in the original electronic format in which they were created or received. See §119.01(2)(f). Florida
Statutes.
If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their
production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the
total number of pages and/or records, as well as to distinguish the cost of labor and materials. Do not incur any
expense responding to this public record request without first obtaining my consent to pay such expense.
All responses to this public records request should be made in writing to the following email
address: chrisoharepulfstreama()gmail.com
Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Thursday, June 5, 2014 11:21 AM
To: Bill Thrasher, Rita Taylor
Subject: 2765 Cardinal Cir. permit
Dear Mr. Thrasher,
During my occasional walks through Place Au Soleil neighborhood I have observed a number of times that
construction activity apparently is being conducted to the interior of the structure located at 2765 Cardinal
Circle. I have witnessed workers going in and out the front door, construction vehicles parked on the property,
and heard banging and sawing sounds coming from inside the home. A large construction dumpster partially
filled with what appears to be framing, drywall and other construction debris is located in the front yard. I also
observed Police officers routinely parked nearby so they have no doubt also made you aware of this activity. I
last observed this activity this morning as I was leaving Place Au Soleil.
Please forward this email to the Custodian of Records for your agency in order for me to make record requests
in regard to this matter.
Sincerely,
Chris O'Hare
PUBLIC RECORDS REQUEST
Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to
make a public records request of your agency for the following records:
The first page of any permit application for all permits applied for, or granted by the Town for work to the
property located at 2765 Cardinal Circle. Please limit the responsive records to only those records created or
received by the Town after Jan. 1 2014.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or
disclosure please cite the specific exemption as required by 6119.07(1)(e) of the Florida Statutes and state in
writing and with particularity the basis for your conclusions as required by 6119.07(1)(f) of the Florida Statutes.
Please take note of 4119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt
of this public records request and (2) make a good faith effort which "includes making reasonable efforts to
determine from other officers or employees within the agency whether such a record exists and, if so, the
location at which the record can be accessed." I am, therefore, requesting that you notify every individual in
possession of records that may be responsive to this public records request to preserve all such records on
an immediate basis.
If the public records being sought are maintained by your agency in an electronic format please produce the
records in the original electronic format in which they were created or received. See 4119.01(2)(f), Florida
Statutes.
If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their
production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the
total number of pages and/or records, as well as to distinguish the cost of labor and materials. Do not incur any
expense responding to this public record request without first obtaining my consent to pay such expense.
All responses to this public records request should be made in writing to the following email
address: chrisoharegulfstreamCa_amail.com
Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Tuesday, August 30, 2016 4:28 PM
To: Bill Thrasher
Subject: Fwd: Code enforcement question about sign ordinance -part 1
Attachments: 544-Palm-Way,-8-26-16jpg; 545 Golfview Dr, 8-26-16jpg; 570 Wright Way,
8-26-16jpg; 588 Banyan Rd, 8-26-16jpg; 835 Canary Walk, 8-26-16jpg; 2765 Cardinal
Circle, 8-26-16jpg
Dear Mr. Thrasher,
Forwarded herein is part one of a two part email I sent you on August 26 and August 27. I am sending it again
in the hopes that it reaches you and I receive from you an acknowledgement of that receipt.
May I hear from you soon?
Chris O'Hare
---------- Forwarded message ----------
From: Chris O'Hare <chrisoharegulfstream@a,email.com>
Date: Sat, Aug 27, 2016 at 11:02 AM
Subject: Fwd: Code enforcement question about sign ordinance.
To: bthrasher@gulf-stream.org.didthevreadit.com
Mr. Thrasher,
My email forwarded herein was rejected by your server because it apparently was too large. I am sending it
again in two parts; each part has different photos attached. I apologize for any inconvenience to you caused by
this resending.
Here is part one.
Chris O'Hare
---------- Forwarded message ----------
From: Chris O'Hare <chrisoharegulfstream(a)gmail.com>
Date: Fri, Aug 26, 2016 at 5:49 PM
Subject: Code enforcement question about sign ordinance.
To: bthrasherOgulf-stream.ore.didtheyreadit.com
Dear Town Manager Thrasher,
I am writing you again about the Town's policy of enforcing, or not enforcing, its Sign Ordinance. I wrote to the Town Clerk (also
known as the Custodian of Records for your agency) on August 17, 2016 to inform myself of your current policy toward
enforcement of this Ordinance by means of asking for a public record related to any communications the Town may have had
with residents with signs on their property apparently not in conformity with this Town regulation. The Custodian labeled my
request GS# 2295 and responded, "Please be advised that there are no such records. We consider this request closed."
Please examine these photos taken today of signs at various locations around the Town of Gulf Stream that are
attached to this email. Each photo is labeled with the address of the property where the photo was taken and when it
was taken. I refer you also to the many records in the Town's Land File (http://www2.gulf-
stream.org/weblink/Browse.aspx?dbid=01 which contain the surveys of the properties illustrated in the photos.
I respectfully ask you, as the Town Manager and the Chief Code Enforcement Officer, what the Town's policy is in
regard to these signs being located on, or immediately adjacent to, the property line or in some instances on the
Town's right of way. I also ask what steps the Town intends to take to enforce its Sign Ordinance in regard to each of
these properties.
I personally think all of the signs on all of the properties illustrated in these photos are a reasonable land use and should be
allowed to remain. The Commission, by their legislative actions, apparently disagrees with me. In some instances I think the
property owner faces a real hardship if forced, like others have been, to conform to this code and, if required to do so, should be
granted a variance from this code - if they satisfy the eight standards you previously cited to me that are required for variance
approval. In the mean time I expect, from your previously aggressive enforcement of this code, you will treat these property
owners equal to the way you have treated other property owners with, if not identical then certainly significantly, similar land use
behavior. I understand enforcement of Town regulations is subject to discretion based on available funds and/or available
manpower. Since both you and Chief Ward have testified that you lack neither funds nor manpower and since Mayor Morgan
has stated in public meetings that he expects ALL regulations to be enforced, I anticipate some form of response to this email.
THIS EMAIL IS NOT A COMPLAINT. IT IS A REQUEST FOR INFORMATION. PLEASE DO NOT SEND ANOTHER OFFICIAL
LETTER OR SIMILAR TOWN COMMUNICATION TO ANY TOWN RESIDENT NOTIFYING THEM THAT I AM COMPLAINING
ABOUT THEIR PROPERTY.
May I hear from you soon?
Sincerely
Chris O'Hare
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Renee Basel
From: Chris O'Hare<chrisoharegulfstream@gmail.com>
Sent: Saturday, August 27, 2016 11:03 AM
To: Bill Thrasher
Subject: Fwd: Code enforcement question about sign ordinance.
Attachments: 544-Palm-Way,-8-26-16jpg; 545 Golfview Dr, 8-26-16jpg; 570 Wright Way,
8-26-16jpg; 588 Banyan Rd, 8-26-16jpg; 835 Canary Walk, 8-26-16jpg; 2765 Cardinal
Circle, 8-26-16jpg
Mr. Thrasher,
My email forwarded herein was rejected by your server because it apparently was too large. I am sending it
again in two parts; each part has different photos attached. I apologize for any inconvenience to you caused by
this resending.
Here is part one.
Chris O'Hare
---------- Forwarded message ----------
From: Chris O'Hare<chrisoharegulfstreamamgmail.com>
Date: Fri, Aug 26, 2016 at 5:49 PM
Subject: Code enforcement question about sign ordinance.
To: bthrasher(&gulf-stream.org.didtheweadit.com
gulf-stream.ore.didtheyreadit.com
Dear Town Manager Thrasher,
I am writing you again about the Town's policy of enforcing, or not enforcing, its Sign Ordinance. I wrote to the Town Clerk (also
known as the Custodian of Records for your agency) on August 17, 2016 to inform myself of your current policy toward
enforcement of this Ordinance by means of asking for a public record related to any communications the Town may have had
with residents with signs on their property apparently not in conformity with this Town regulation. The Custodian labeled my
request GS# 2295 and responded, "Please be advised that there are no such records. We consider this request closed."
Please examine these photos taken today of signs at various locations around the Town of Gulf Stream that are
attached to this email. Each photo is labeled with the address of the property where the photo was taken and when it
was taken. I refer you also to the many records in the Town's Land File (http://www2.gulf-
stream.org/weblink/Browse.aspx?dbid=01 which contain the surveys of the properties illustrated in the photos.
I respectfully ask you, as the Town Manager and the Chief Code Enforcement Officer, what the Town's policy is in
regard to these signs being located on, or immediately adjacent to, the property line or in some instances on the
Town's right of way. I also ask what steps the Town intends to take to enforce its Sign Ordinance in regard to each of
these properties.
I personally think all of the signs on all of the properties illustrated In these photos are a reasonable land use and should be
allowed to remain. The Commission, by their legislative actions, apparently disagrees with me. In some instances I think the
property owner faces a real hardship if forced, like others have been, to conform to this code and, if required to do so, should be
granted a variance from this code - if they satisfy the eight standards you previously cited to me that are required for variance
approval. In the mean time I expect, from your previously aggressive enforcement of this code, you will treat these property
owners equal to the way you have treated other property owners with, if not identical then certainly significantly, similar land use
behavior. I understand enforcement of Town regulations is subject to discretion based on available funds and/or available
manpower. Since both you and Chief Ward have testified that you lack neither funds nor manpower and since Mayor Morgan
has stated In public meetings that he expects ALL regulations to be enforced, I anticipate some form of response to this email.
THIS EMAIL IS NOT A COMPLAINT. IT IS A REQUEST FOR INFORMATION. PLEASE DO NOT SEND ANOTHER OFFICIAL
LETTER OR SIMILAR TOWN COMMUNICATION TO ANY TOWN RESIDENT NOTIFYING THEM THAT I AM COMPLAINING
ABOUT THEIR PROPERTY.
May I hear from you soon?
Sincerely,
Chris O'Hare
Ne
r
1
Renee Basel
From: Chris O'Hare<chrisoharegulfstream@gmail.com>
Sent: Friday, August 26, 2016 3:02 PM
To: Bill Thrasher
Subject: Re: Questions for Mr. Thrasher regarding Town regulations
Attachments: New plants on Right of Way (NE) B-26-16 (1).jpg; New plants on Right of Way (N)
B-26-16jpg
Dear Town Manager,
I am writing you to follow up on my previous email to you regarding the Town's policy of prohibiting
plantings in the Town's right-of-way. I have not as yet received a response.
Specifically, eight days ago I asked you about this policy in regard to the new plants at 2765 Cardinal
Circle:
1. Is the Town's policy and/or regulations regarding planting in the right-of-way no longer
enforced in Place Au Soleil?
2. If it is still being enforced will it be enforced at the above referenced address?
3. Is the Town's policy and/or regulations regarding prohibiting the installation of landscaping
over 36" tall for more than 25% of the front yard of a home no longer enforced in Place Au
Soleil?
4. If it is still being enforced will it be enforced at the above referenced address?
I now call your attention to the attached photos taken this morning of some of the plantings which are
the subject of my earlier email. If you will examine the survey, attached to my previous email, you will
clearly see that the north property line is adjacent to the north side of the tall electrical junction box
visible in the first photo and the plantings are located in the Town's right-of-way north of that box.
Given the aggressive actions by you against a similar circumstance at my property, I wonder if the
Town has now changed its way of thinking. Hence the reason for this and my previous email on the
subject.
I remind you again, THIS EMAIL IS A REQUEST FOR CLARIFICATION OF CURRENT TOWN
POLICY AND REGULATION ENFORCEMENT - IT IS NOT A COMPLAINT. PLEASE DO NOT
SEND ANOTHER OFFICIAL LETTER OR SIMILAR TOWN COMMUNICATION TO ANY TOWN
RESIDENT NOTIFYING THEM THAT I AM COMPLAINING ABOUT THEIR PROPERTY.
I write you to ask these questions again in order that I may properly understand and comply with the
rules and regulations of the Town of Gulf Stream.
May I hear from you soon?
Sincerely,
Chris O'Hare
On Thu, Aug 18, 2016 at 10:18 PM, Chris O'Hare <chrisohareeulfstream a,email.com> wrote:
Dear Town Manager,
I call your attention to the planting activity that occurred this past Saturday in the right-of-way
adjacent to, and in the "open front yard" zone of, the property located at 2765 Cardinal Circle. I
personally observed this activity and also observed Officer Passeggiata having a discussion with the
person installing the plants shown in the photo at about the same time the attached photo of Officer
Passegiata was taken. I have no objection to this planting and I think it adds value to, and
beautifies, both the property and the neighborhood. However I am interested in the Town's reaction
to this activity in light of the Town's previous actions related to similar activity at 2520 Avenue Au
Soleil. I therefore respectfully ask that you kindly answer the following four questions:
1. Is the Town's policy and/or regulations regarding planting in the right-of-way no longer
enforced in Place Au Soleil?
2. If it is still being enforced will it be enforced at the above referenced address?
3. Is the Town's policy and/or regulations regarding prohibiting the installation of
landscaping over 36" tall for more than 25% of the front yard of a home no longer enforced in
Place Au Soleil?
4. If it is still being enforced will it be enforced at the above referenced address?
I have attached documents to this email for your reference and convenience. They are:
a photo of plantings being installed in the presence of Officer John P Passeggiata at 2765
Cardinal Circle at 4:30 PM on August 13, 2016,
a photo of newly planted Areca palms in right-of-way and front yard of 2765 Cardinal Circle,
a survey of 2765 Cardinal Circle downloaded from the Town's web site.
I also refer you to the extensive testimony of Mr. Thrasher and Mr. Minor on this very topic in Town
of Gulf Stream Case # CE #1-13 (a copy of which is located on the Town's web site for your
reference).
THIS EMAIL IS A REQUEST FOR CLARIFICATION OF CURRENT TOWN POLICY AND
REGULATION ENFORCEMENT - IT IS NOT A COMPLAINT. PLEASE DO NOT SEND ANOTHER
OFFICIAL LETTER OR SIMILAR TOWN COMMUNICATION TO ANY TOWN RESIDENT
NOTIFYING THEM THAT I AM COMPLAINING ABOUT THEIR PROPERTY.
I write you and ask these questions in order that I may properly comply with the rules and regulations
of the Town of Gulf Stream.
May I hear from you soon?
Sincerely,
Chris O'Hare
7
Renee Basel
From:
Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent:
Thursday, August 18, 2016 10:18 PM
To:
Bill Thrasher
Subject:
Questions for Mr. Thrasher regarding Town regulations
Attachments:
2765 Cardinal Cir. plant installation 8-13-16jpg; 2765 Cardinal Cir. New Plants in Front
Yardjpg; 2765 Cardinal Cir. Survey.pdf
Dear Town Manager,
I call your attention to the planting activity that occurred this past Saturday in the right-of-way adjacent
to, and in the "open front yard" zone of, the property located at 2765 Cardinal Circle. I personally
observed this activity and also observed Officer Passeggiata having a discussion with the person
installing the plants shown in the photo at about the same time the attached photo of Officer
Passegiata was taken. I have no objection to this planting and I think it adds value to, and beautifies,
both the property and the neighborhood. However I am interested in the Town's reaction to this
activity in light of the Town's previous actions related to similar activity at 2520 Avenue Au Soleil. I
therefore respectfully ask that you kindly answer the following four questions:
1. Is the Town's policy and/or regulations regarding planting in the right-of-way no longer
enforced in Place Au Soleil?
2. If it is still being enforced will it be enforced at the above referenced address?
3. Is the Town's policy and/or regulations regarding prohibiting the installation of landscaping
over 36" tall for more than 25% of the front yard of a home no longer enforced in Place Au
Soleil?
4. If it is still being enforced will it be enforced at the above referenced address?
I have attached documents to this email for your reference and convenience. They are:
a photo of plantings being installed in the presence of Officer John P Passeggiata at 2765
Cardinal Circle at 4:30 PM on August 13, 2016,
a photo of newly planted Areca palms in right-of-way and front yard of 2765 Cardinal Circle,
a survey of 2765 Cardinal Circle downloaded from the Town's web site.
I also refer you to the extensive testimony of Mr. Thrasher and Mr. Minor on this very topic in Town of
Gulf Stream Case # CE #1-13 (a copy of which is located on the Town's web site for your reference).
THIS EMAIL IS A REQUEST FOR CLARIFICATION OF CURRENT TOWN POLICY AND
REGULATION ENFORCEMENT - IT IS NOT A COMPLAINT. PLEASE DO NOT SEND ANOTHER
OFFICIAL LETTER OR SIMILAR TOWN COMMUNICATION TO ANY TOWN RESIDENT
NOTIFYING THEM THAT I AM COMPLAINING ABOUT THEIR PROPERTY.
I write you and ask these questions in order that I may properly comply with the rules and regulations
of the Town of Gulf Stream.
May I hear from you soon?
Sincerely,
Chris O'Hare
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Percolation Test Location
For Test Results See
Attached Sheet 2 0£ 2
WAI&R. SERV'[£'
N
Fo✓NO X
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DESCRIPTION U " �'•
A certain Parcel of Land inSection 4, Township 46 South,
Range 43 East, Town of Gulfstream, Palm Beach County, Florida,
more particularly described as follows:
Lot 3 as same appears on the Plat of Place Au Soleil, Town
of Gulf Stream as same is recorded in Plat Book 27, Page 69,
Public Records, Palm Beach County, Florida, subject to any and
all easements and rights of way of record. ..
STATEMENTS:
tater table elevation below grade during wettest season of the year
is 3.0'+-
2. There are no private wells within 75' to any part of the septic tank.
3. There are no public wells within 75' to any part of the septic tank.
4. There is no high water line of lake, canals, or any other water with-
in 50' of septic tank.
5. No fill has been placed in septic tank area.
6. There is no public sewer within 100' of property. I,
nvao, SURVEY OF
ENGINEERS, INC. THE ABOVE DESCRIBED PROPERTY
BOYN TON BEACH FLORID4
DRAWN l2,CF! DAT E:r/UNE '�3 PROJECT ,
FIELD NO. -r -S FOR
UK. PG, SCALE: /"=30' NIkE T— -- MR. HERBERT V. SCHA EFFER
Sheet 1 of ,
i
I STY
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I
C, IN S.
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4,
a I
4I
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Percolation Test Location
For Test Results See
Attached Sheet 2 0£ 2
WAI&R. SERV'[£'
N
Fo✓NO X
�k
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DESCRIPTION U " �'•
A certain Parcel of Land inSection 4, Township 46 South,
Range 43 East, Town of Gulfstream, Palm Beach County, Florida,
more particularly described as follows:
Lot 3 as same appears on the Plat of Place Au Soleil, Town
of Gulf Stream as same is recorded in Plat Book 27, Page 69,
Public Records, Palm Beach County, Florida, subject to any and
all easements and rights of way of record. ..
STATEMENTS:
tater table elevation below grade during wettest season of the year
is 3.0'+-
2. There are no private wells within 75' to any part of the septic tank.
3. There are no public wells within 75' to any part of the septic tank.
4. There is no high water line of lake, canals, or any other water with-
in 50' of septic tank.
5. No fill has been placed in septic tank area.
6. There is no public sewer within 100' of property. I,
nvao, SURVEY OF
ENGINEERS, INC. THE ABOVE DESCRIBED PROPERTY
BOYN TON BEACH FLORID4
DRAWN l2,CF! DAT E:r/UNE '�3 PROJECT ,
FIELD NO. -r -S FOR
UK. PG, SCALE: /"=30' NIkE T— -- MR. HERBERT V. SCHA EFFER
Sheet 1 of ,
i
It GSSI AND NIALA'.ASI FN GIN FERS. INC.
IANC DEVELOPMENT ENGINEEIIING
Location: Lot 3, Place Au Soleil, Plat Book 27
Page 69, Town of Gulf Stream, Florida
Date of Test: May 23, 1973
By: R. L. Shephard
Depth
of Water
1611
to
17"
17"
to
1611
161'
to
15"
1511
to
14"
14"
to
13"
13"
to
121'
PERCOLATION TEST
Time*
0 Minutes
Average Percolation Rate
0 Minutes 5 Seconds per inch
SUBSOIL LOG
5 Seconds
6
"
0
"
0
"
0
"
0
Average Percolation Rate
0 Minutes 5 Seconds per inch
SUBSOIL LOG
5 Seconds
6
"
Unified Soil
5
"
6
"
7
Sheet 2 of 2
Unified Soil
Depth
Description of Soil
Classification
0.0T-0.5'
Grey Sand
SP
0.51-1.0T
White Sand
SP
1.0'-3.01
Grey Sand
SP
3.o1
-6.o,
Tan & Light Grey Sand
SP
Water Level At Below 6.01
*Time is the time required to fall one
inch
Test
taken
on existing grade 1.5 feet above crown
of road, Ave.
Au
Soleil.
Sheet 2 of 2