HomeMy Public PortalAboutPRR 14-0737Your original request, dated March 23, 2014, is reproduced in the space below:
From: Chris O'Hare [ mailto: chrisoharegulfstream @gmail.coml % 3'
Sent: Sunday, March 23, 201410:20 PM
To: Bill Thrasher
Subject: Response to your letter of March 23, 2014 regarding boat on Town waters
Mr. Thrasher,
A Town Police Officer delivered to my home this Sunday morning your letter which apparently
you also wrote this morning. Your letter references an Incident Report apparently written
yesterday; your letter, the report and the envelope are attached herein for your convenience.
I am flabbergasted that the incident which is the subject of your letter of March 23, 2014 and the
Incident Report of March 22, 2014 was of sufficient emergency that you interrupted your
weekend to act on it so quickly (within hours of the Saturday report). The reason I find this so
unbelievable is because you took 11 months to finally respond to my complaints, photos, maps
and other documents I supplied to you throughout the past year about the ongoing nuisance
violations existing on the vacant property owned by the Gulf Stream Golf Club. You will recall
these photos showed dead animal carcases, stagnant water, dead vegetation and copious
amounts of trash littering this 7.5 acre parcel. These documents also proved the nuisance was on
private property and within the Town of Gulf Stream. This situation was a serious health risk and
in direct violation of Chapter 22 of the Town Code because it was unsightly, unsafe and
unsanitary. Despite the mandate found in Town Code Sec. 22 -33 that you "shall forthwith" act
on my complaint, and despite my ongoing attempts to compel you to act, you instead made one
excuse after another for this property owner until finally acting 11 months after I first brought
this matter to your attention. Quite a contrast to your breathtakingly speedy action regarding my
boat.
Please be advised that before I can act, I require an opportunity to examine any records
supporting the claims made by you in your letter.
1. You claim an easement exists that restricts the use of a navigable cove to only the owners
of property abutting it and excludes all others from using these waters. I respectfully
request the public record* that is that easement.
2. You state the Town does not consent to the mooring of my boat in this cove. This implies
that the Town has provided it's consent to others. I respectfully request the public
records* that are those consents.
3. You demand removal of this boat. You do not indicate what Town Code requires me to
do this. I respectfully request the public record* that is the section of the Town Code
requiring me to remove this boat.
4. You demand I remove this boat within 24 hours. I believe this is an unreasonably short
period of time for an alleged first time violation. You do not indicate what Town Code
requires me to act this quickly. I respectfully request the public record* that is the section
of the Town Code requiring me to remove this boat within 24 hours. I also respectfully
request the public record* that is the Florida Statute upon which you based your decision
that 24 hours is a reasonable time period to correct an alleged first time violation.
5. You state one or more remedies the Town will exercise is an immediate code 73 7
enforcement hearing. I respectfully request the public record* that is that section of the
Town Code that you intend to adjudicated at this hearing.
6. You state one or more remedies the Town will exercise is to file suit for trespass. I
respectfully request the public record* that is the Florida Statute upon which you base the
alleged trespass.
7. You state one or more remedies the Town will exercise is to remove my boat. I
respectfully request the public record* that is that section of the Town Code that provides
removal as a remedy to this alleged violation.
8. You state that after you remove my boat "it will be stored until such time as my client has
financially satisfied the Town..." I don't know what client you are referring to? Can you
please tell me who this is?
You state the Town thanks me for my immediate attention to this matter and appreciates my
cooperation. I assure you that I intend to act immediately upon receipt of these requested public
records and I intend to fully cooperate to remedy any unlawful behavior associated with this
matter. Given the urgency which you appear to believe this matter warrants, I request your
timely response to this email.
Sincerely,
Chris O'Hare
2520 Avenue Au Soleil
I am not asking you for a legal opinion or your reasoning regarding your decisions to make the claims
asserted in your letter. This public record request is for the particular public records used by you to make
your claims. I make the above requests for public records pursuant to Article 1. Section 24 of the Florida
Constitution and Chapter 119.07 of the Florida Statutes and Chapter 162 of the Florida Statutes. Ifyou
contend that any ofthe 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 basisfor your conclusions as required by $119.07(1)0 of tire Florida Statutes. Please take note
of $119.07(c) Florida Statues and your affirmative ob ligation to (1) promptly acknowledge receipt ofthis 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, ifso, the location at which the record can
be accessed. " I am, therefore, requesting that your notify eve individual in possession of records that may be
responsive to this public records request to preserve all such records on an immediate basis. Ifthe public records
being sought are maintained by your agency in an electronicformat please produce the records in the orb
electronic format in which they were created or received. See $119.01(2)0. Florida Statutes. Ifyou anticipate the
production ofthese public records to exceed $1.00 please notify me in advance of their production with a written
estimate ofthe total cost. Please be sure to itemize any estimates so as to indicate the total number ofpages and/or
records, as well as to distinguish the cost of labor and materials. All responses to this public records request should
be made in writing to thefollowing email address: chrisohareeulfstreamOgmaiLcom
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 26, 2014
Chris O'Hare
Re: PUBLIC RECORD REQUESTS — Boat removal records (1 -8)
Dear Mr. O'Hare,
Thank you for your public records requests. Please be advised that the Town of Gulf Stream is not
required to provide information or legal advice from our records.
The Town of Gulf Stream notes that you have now made over 550 public records requests since August
of 2013. To date the Town has completed /closed 308 of these requests. Town staff has already spent
more than 200 hours, without recovery of costs, responding to your requests. Your public record
requests continue to accumulate, but you still have not paid a deposit to cover the costs for the Town
to respond to your requests. The Town will not proceed with further production of documents
responsive to your outstanding requests until you pay the required deposits.
This is not the first time the Town has requested a deposit. On January 23, 2014, the Town asked for a
deposit related to 146 public record requests. Despite that request, and as a courtesy, during the period
between January 23 and February 19, 2014, the Town also responded to 21 more public records
requests without receipt of a deposit. On February 20, 2014, the Town sent another letter, emphasizing
that no additional requests would be processed until your deposit is paid. Again on March 19, 2014,
the Town sent you a letter in response to 197 additional public records requests, which also emphasized
that no additional requests would be processed until you're a deposit is paid.
The Town remains prepared to produce public records, as required, upon receipt of proper deposits
and payments. These payments represent the special service charge needed for extensive use of
information technology resources, clerical assistance, and supervisory assistance under Fla. Stat. §
119.07 (4)(d). Once the Town has received your payments and deposits relating to the letters sent to
you on January 23, February 20, and March 19 of 2014, the Town staff will proceed with processing
your requests below. Please note that should you elect to withdraw your public records requests, the
Town will still be entitled to bill you for any work completed to date in order to respond to said
requests.
Your request is reproduced below for your convenience.
Sincerely,
Town Clerk
Custodian of the Records
Your original request dated March 23 2014 is reproduced in the space below:
From: Chris O'Hare [ mailto: chrisoharegulfstream@gmail.coml
Sent: Sunday, March 23, 201410:20 PM
To: Bill Thrasher
Subject: Response to your letter of March 23, 2014 regarding boat on Town waters
Mr. Thrasher,
A Town Police Officer delivered to my home this Sunday morning your letter which apparently
you also wrote this morning. Your letter references an Incident Report apparently written
yesterday; your letter, the report and the envelope are attached herein for your convenience.
I am flabbergasted that the incident which is the subject of your letter of March 23, 2014 and the
Incident Report of March 22, 2014 was of sufficient emergency that you interrupted your
weekend to act on it so quickly (within hours of the Saturday report). The reason I find this so
unbelievable is because you took 11 months to finally respond to my complaints, photos, maps
and other documents I supplied to you throughout the past year about the ongoing nuisance
violations existing on the vacant property owned by the Gulf Stream Golf Club. You will recall
these photos showed dead animal carcases, stagnant water, dead vegetation and copious
amounts of trash littering this 7.5 acre parcel. These documents also proved the nuisance was on
private property and within the Town of Gulf Stream. This situation was a serious health risk and
in direct violation of Chapter 22 of the Town Code because it was unsightly, unsafe and
unsanitary. Despite the mandate found in Town Code Sec. 22 -33 that you "shall forthwith" act
on my complaint, and despite my ongoing attempts to compel you to act, you instead made one
excuse after another for this property owner until finally acting 11 months after I first brought
this matter to your attention. Quite a contrast to your breathtakingly speedy action regarding my
boat.
Please be advised that before I can act, I require an opportunity to examine any records
supporting the claims made by you in your letter.
1. You claim an easement exists that restricts the use of a navigable cove to only the owners
of property abutting it and excludes all others from using these waters. I respectfully
request the public record* that is that easement.
2. You state the Town does not consent to the mooring of my boat in this cove. This implies
that the Town has provided it's consent to others. I respectfully request the public
records* that are those consents.
3. You demand removal of this boat. You do not indicate what Town Code requires me to
do this. I respectfully request the public record* that is the section of the Town Code
requiring me to remove this boat.
4. You demand I remove this boat within 24 hours. I believe this is an unreasonably short
period of time for an alleged first time violation. You do not indicate what Town Code
requires me to act this quickly. I respectfully request the public record* that is the section
of the Town Code requiring me to remove this boat within 24 hours. I also respectfully
request the public record* that is the Florida Statute upon which you based your decision
that 24 hours is a reasonable time period to correct an alleged first time violation.
5. You state one or more remedies the Town will exercise is an immediate code
enforcement hearing. I respectfully request the public record* that is that section of the
Town Code that you intend to adjudicated at this hearing.
6. You state one or more remedies the Town will exercise is to file suit for trespass. I
respectfully request the public record* that is the Florida Statute upon which you base the
alleged trespass.
7. You state one or more remedies the Town will exercise is to remove my boat. I
respectfully request the public record* that is that section of the Town Code that provides
removal as a remedy to this alleged violation.
8. You state that after you remove my boat "it will be stored until such time as my client has
financially satisfied the Town..." I don't know what client you are referring to? Can you
please tell me who this is?
You state the Town thanks me for my immediate attention to this matter and appreciates my
cooperation. I assure you that I intend to act immediately upon receipt of these requested public
records and I intend to fully cooperate to remedy any unlawful behavior associated with this
matter. Given the urgency which you appear to believe this matter warrants, I request your
timely response to this email.
Sincerely,
Chris O'Hare
2520 Avenue An Soleil
I am not asking you for a legal opinion or your reasoning regarding your decisions to make the claims
asserted in your letter. This public record request is for the particular public records used by you to make
your claims. I make the above requests for public records pursuant to Article 1. Section 24 of the Florida
Constitution and Chapter 119.07 of the Florida Statutes and Chapter 162 of the Florida Statutes. Ifyou
contend that any ofthe records I am seeking, or any portion thereof, are exempt from inspection or disclosure
please cite the specific exemption as required by $119.07(l)(e) of the Florida Statutes and state in writing and with
particularity the basisforyour conclusions as required by $119.0700 of the Florida Statutes. Please take note
of $119,07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt ofthis public
records request and (1) 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, ifso, the location at which the record can
be accessed. " I am, therefore, requesting that you notes every individual in possession ofrecords 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 elecironicformat please produce the records in the original
electronic format in which they were created or received. See $119.01(1)0. Florida Statutes. Ifyou 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 ofpages and/or
records, as well as to distinguish the cost of labor and materials. All responses to this public records request should
be made in writing to the following email address: chrisohareeutfstream(a)rmaiLcom
Kelly Avery
From: Randolph, John C. <JRandolph @jonesfoster.com>
Sent: Monday, March 24, 2014 11:02 AM
To: mhanna @g3mlaw.com
Cc: Bill Thrasher
Subject: Response to your letter of March 23, 2014 regarding boat on Town waters
Attachments: Thrasher Itr about boat 3- 23- 14.pdf; Incident Report about boat 3- 22- 14.pdf; thrasher boat
notice envelope.pdf; SDOC2457.pdf
Dear Mr. Hanna,
Over the weekend Mr. O'Hare was sent notice of the requirement to remove his boat from Polo Cove. He
responded by asking for an opportunity to examine records supporting the claim made by Mr. Thrasher in his
letter. For your information, I am providing you with a copy of an Easement Grant for all of Polo Cove which
reflects that the easement is appurtenant to and running with the dominate land described and to the present
and future owners of each and every part and parcel thereof. This easement is, therefore, private for the use of
the owners of property in Polo Cove. I am also providing a copy of a Quit Claim Deed from Waterway Realty
Corporation to the Town of Gulf Stream relating to Polo Cove. The Town as owner of the property, therefore,
has the authority to enforce the terms of this private easement. Attached also is a plat of Polo Cove describing
the inlet to Polo Cove and Polo Cove itself as private.
Your client has no right to moor his boat on private property and unless he removes it as requested in the
Notice from Mr. Thrasher, the Town will take appropriate action to remove the boat.
JOHN C. RANDOLPH
JONESFOSTER
John C. Randolph Attorney
Direct Dial: 561.650,0458 1 1-ax: 561.650.5300 irandolph(aljonesfoster.com
Junes, foster, Johnston K Stubbs, P.A.
Flagler Center Tower, 505 Sourly Flagler Drive, Suite 1100, \\ cat Palm Beach, hlorida 33401
561- 659 -3000 1 www.jonesfoster.com
C.S. Treasure Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may lie imposed by the Internal Revenue Service.
Incoming entails are filtered which may delat receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If cou are not the intended recipient, cou received this in error. If so, an\ review, dissemination, or copying
of this email is proltibited. Please immechitelc notifc us be email and delete the original message.
From: Chris O'Hare < chrisoharegulfstream @gmail.com> w
Sent: Sunday, March 23, 2014 10:20 PM
To: Bill Thrasher
Subject: Response to your letter of March 23, 2014 regarding boat on Town waters
Mr. Thrasher,
A Town Police Officer delivered to my home this Sunday morning your letter which apparently you also wrote
this morning. Your letter references an Incident Report apparently written yesterday; your letter, the report
and the envelope are attached herein for your convenience.
I am flabbergasted that the incident which is the subject of your letter of March 23, 2014 and the Incident
Report of March 22, 2014 was of sufficient emergency that you interrupted your weekend to act on it so
quickly (within hours of the Saturday report). The reason I find this so unbelievable is because you took 11
months to finally respond to my complaints, photos, maps and other documents I supplied to you throughout
the past year about the ongoing nuisance violations existing on the vacant property owned by the Gulf Stream
Golf Club. You will recall these photos showed dead animal carcases, stagnant water, dead vegetation and
copious amounts of trash littering this 7.5 acre parcel. These documents also proved the nuisance was on
private property and within the Town of Gulf Stream. This situation was a serious health risk and in direct
violation of Chapter 22 of the Town Code because it was unsightly, unsafe and unsanitary. Despite the
mandate found in Town Code Sec. 22 -33 that you "shall forthwith" act on my complaint, and despite my
ongoing attempts to compel you to act, you instead made one excuse after another for this property owner
until finally acting 11 months after I first brought this matter to your attention. Quite a contrast to your
breathtakingly speedy action regarding my boat.
Please be advised that before I can act, I require an opportunity to examine any records supporting the claims
made by you in your letter.
1. You claim an easement exists that restricts the use of a navigable cove to only the owners of property
abutting it and excludes all others from using these waters. I respectfully request the public record*
that is that easement.
2. You state the Town does not consent to the mooring of my boat in this cove. This implies that the
Town has provided it's consent to others. I respectfully request the public records* that are those
consents.
3. You demand removal of this boat. You do not indicate what Town Code requires me to do this. I
respectfully request the public record* that is the section of the Town Code requiring me to remove
this boat.
4. You demand I remove this boat within 24 hours. I believe this is an unreasonably short period of time
for an alleged first time violation. You do not indicate what Town Code requires me to act this quickly. I
respectfully request the public record* that is the section of the Town Code requiring me to remove
this boat within 24 hours. I also respectfully request the public record* that is the Florida Statute upon
which you based your decision that 24 hours is a reasonable time period to correct an alleged first time
violation.
5. You state one or more remedies the Town will exercise is an immediate code enforcement hearing. I
respectfully request the public record* that is that section of the Town Code that you intend to
adjudicated at this hearing.
6. You state one or more remedies the Town will exercise is to file suit for trespass. I respectfully request
the public record* that is the Florida Statute upon which you base the alleged trespass.
7. You state one or more remedies the Town will exercise is to remove my boat. I respectfully request the
public record* that is that section of the Town Code that provides removal as a remedy to this alleged
violation.
8. You state that after you remove my boat "it will be stored until such time as my client has financially
satisfied the Town..." I don't know what client you are referring to? Can you please tell me who this is?
You state the Town thanks me for my immediate attention to this matter and appreciates my cooperation. I
assure you that I intend to act immediately upon receipt of these requested public records and I intend to fully
cooperate to remedy any unlawful behavior associated with this matter. Given the urgency which you appear
to believe this matter warrants, I request your timely response to this email.
Sincerely,
Chris O'Hare
2520 Avenue Au Soleil
I am not asking you for a legal opinion or your reasoning regarding your decisions to make the claims asserted in your
letter. This public record request is for the particular public records used by you to make your claims. I make the above
requests for public records pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119.07 of the Florida
Statutes and Chapter 162 of the Florida Statutes. 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)le) of the Florida Statutes and state
in writing and with particularity the basis for your conclusions as required by 5119.07(1)M of the Florida Statutes. Please take note
of 5119.07(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 3119.0112)(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. All responses to this public records request should be made in writing to the following
email address: chrlsohareaulfstream @ amall.com
COMMISSIONERS
JOAN K. ORTHWEIN, Mayor
THOMAS M. STANLEY, Vin MaY.,
MURIEL J. ANDERSON
W. GARRETT DERING
ROBERT W. GANGER
March 23, 2014
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida
Dear Mr. O'Hare:
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Article: q 188
Hand Delivery
On March 22, 2014 at 6:35 p.m., your boat was observed moored in a location dedicated to the Town of
Gulf Stream (Cove) with an easement for the benefit of the property owners whose properties abut the
Cove. A copy of the police incident report is attached to this official notice.
The Town does not consent to your boat being moored at this location or within any location of the
dedicated area Cove) as you do not have an easement or other property rights which permit mooring in
the Cove.
You are hereby noticed to remove this boat within 24 hours of your receipt of this notice. In the event
that you do not remove this boat the Town will exercise one or more of the following remedies: (1)
Request that the Town's Code Enforcement Special Magistrate conduct an immediate code enforcement
hearing pursuant to 4 162.06 (4), Florida Statute; (2) file a suit seeking injunctive relief, ejectment
and /or trespassing; and (3) take action to safely remove the boat to a location where it will be stored
until such time as your client has financially satisfied the Town for any and all costs the Town incurs for
its storage of the boat.
This notice shall apply to any future similar mooring in this Cove and the Town will immediately seek
remedy as stated in this notice.
Thank you for your immediate attention to this matter. The Town appreciates your cooperation.
Sincerely,
William H. Thrasher
Town Manager
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Telephone
(561) 276 -5116
Fax
F
(561) 737 .0188
Town Manager
i
WILLIAM H. THRASHER
Town Clark
RITA L TAYLOR
Article: q 188
Hand Delivery
On March 22, 2014 at 6:35 p.m., your boat was observed moored in a location dedicated to the Town of
Gulf Stream (Cove) with an easement for the benefit of the property owners whose properties abut the
Cove. A copy of the police incident report is attached to this official notice.
The Town does not consent to your boat being moored at this location or within any location of the
dedicated area Cove) as you do not have an easement or other property rights which permit mooring in
the Cove.
You are hereby noticed to remove this boat within 24 hours of your receipt of this notice. In the event
that you do not remove this boat the Town will exercise one or more of the following remedies: (1)
Request that the Town's Code Enforcement Special Magistrate conduct an immediate code enforcement
hearing pursuant to 4 162.06 (4), Florida Statute; (2) file a suit seeking injunctive relief, ejectment
and /or trespassing; and (3) take action to safely remove the boat to a location where it will be stored
until such time as your client has financially satisfied the Town for any and all costs the Town incurs for
its storage of the boat.
This notice shall apply to any future similar mooring in this Cove and the Town will immediately seek
remedy as stated in this notice.
Thank you for your immediate attention to this matter. The Town appreciates your cooperation.
Sincerely,
William H. Thrasher
Town Manager
100 SEA ROAD, GULF STREAM, FLORIDA 33483
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KNOW ALL MEN BY THESE TRESMMI
That NA!UMY REALTY CORPORATION, d corporation organic
and etisting under the laws of Coe State of Florida, hereinafter
j called the Grantor, the owner of vhe following described real
estate located in the Town of Gulf Stream, Palm Beach County,
: Florida, (hereinafter called the servient land) to -wit:
ALL of POLO COVE, at addition to the Town of
Gulf Stream, Florida, according to plat thereof
recorded in Plat Bcc`. 24, at page 7.3, public
records of Paln Beach County, Florida*
,LWa Lots 1, 2 2 -A; Lots 3 to 23 ino naive;
Lots 23 -A and h; and "Banyan Road", "Polo
Drive" dad "Palm ifay" according to se id plat.
Meaning end intending to describe that portion
of sat addition which is shown on said plat as
e 140 foot private inlet, together with private
boat basin and identified on said plat es, "In-
let ( Private)" and "Poly; Goya (Private) ".
do, for vuluable considerations, by those presents, grant, bergai
sell and convey to the present and future owners of that certain
dominant land in Gulf Strom, Palm Beach County, Florida, herein-
after described, the perpstual right and easesent to use the
senient land above described, isd the water over, above and cove
ing same as a waterway or basin for boating, swimming, bathing,
fishing and other usual and custcmary recreational purposes for
which private water areas are used in this vicinity.
The land ea to which the, aforesaid easements shall be
deemed to be dominant in described as follows, to -wit:
Lots 1, 2 2 -A; .Iota 3 to 23 inclusive: Lots
23 -A end h of POLO C0511, an addition to the
Town of Gulf Street, Florida, according to
plat thereof recorded I:a Plat Book 24, at
Me 73, public records of Palm Beach County,
Florida.
The above grant is main upon the following terms, con-
ditions end provisions:
1. It is distinotly w:derstood that the undersigned
t M1038 rM1184
Grantor shall be in no sooner rarpmnsible for the maintenance of
the aforesaid sorriest land or area or for the )nymeut of taxes
thereupon.
2. Saab grant is made without warranties of any kind
as to the grantor's title in and to the earvient lend.
3. The easaaente hereby granted shall be considered as
appurtenant to and running with the dominant land last hereinabove
described and to the present and future owners of each and every
part and parcel thereof.
IN WITNESS WNHIMF, the Grantor has caused these present.:
to be signed in its name by its President, and its corporate seal
rat
to be affixed, attested L/ its Secretary, this,,,_ f day of
Decaetmr, A. D. 1953.
.3
t WATEMAY *AL17 ':Oi?ORA_IOt;
e6 4L
S j J(7y��Q(� i s reside�ft V
' - Attest :_.]�Jd�
Secretary
t s
t� Wit es: '
T ' a wa C Z• —E G�((j
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Cif STAfa 07 tIDRIDA,
a
CUOS7Y OF PAN E111.
W v.
!irriccd OddT.1FY, That or, tr. ie�aay of Lece=er, A..
a 1'153, ztefore me personally appeared iiiidY Y. PM and d0btai F.
V i kz 1 ;, President and Secretary respectively of Mi..(akf ru. .l
,uePu,kilu:,, a corporation under tae laws oC tae :hate of - IGHUb,
to me known is be the persons described is and who executed t:te
foregoing instrument and severally acknowledged the execution
thereof to be their free act and deed as succ officers fo_ tr.a
W uses ar:d purposes therein mnntioneel; and that they affixed ti,eretc
3^e official seal of said corpor)ation, and trio amid instreuent is
the act and deed of said aorpora -ion.
WITNESS my signature anti official seal at Delray beaon
% n :�ipr .4.n the County and State aforesaid, the -day and ysor la�st� /aforesaid
Notary is.
,.• 1 XSeal) toy commission expires:
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From: Chris O'Hare [mailto: chrisoharegulfstream @gmail.com]
Sent: Thursday, June 11, 2015 10:54 PM
To: Bill Thrasher
Subject: Third attempt to examine all responsive documents - Fwd: Public Recrd Request - Boat Removal
Reords- O'Hare
Dear Mr. Thrasher,
It is now over 14 months since I wrote you twice to request the same public records regarding
my boat and Polo Cove. The first time I wrote you was on March 23, 2014 and the second time I
wrote you to make the same public record requests was on March 25, 2014. Those requests are
forwarded herein to you for your reference.
I have still not yet received all the records I believe are responsive to my requests.
Please consider this email to be my third request for all responsive records. I will greatly
appreciate it if you would provide these records as soon as possible.
Sincerely,
Chris O'Hare
chrisoharegulfstream (nD,Rmail.com
From: Gavigan, James C. [ mailto :jgavigan @jonesfoster.com]
Sent: Friday, June 19, 2015 3:53 PM
To: chrisoharegulfstream @gmail.com
Cc: Randolph, John C.; Bill Thrasher; mhanna @g3mlaw.com; Kelly Avery
Subject: March 23, 2014 Public Records Request
Mr. O'Hare,
This email is in response to your June 11, 2015 email, which forwards a public records request
initially submitted on March 23, 2014. Mr. Randolph responded to the March 23, 2014 public
records request on March 24, 2014. To the extent you have not received the requested public
records, this email provides you with the full production of public records requested on March
23, 2014.
Request 1: You claim an easement exists that restricts the use of a navigable cove to only
the owners of property abutting it and excludes all others from using these waters. I respectfully
request the public record that is that easement.
Attached is a copy of an Easement Grant for all of Polo Cove which was previously produced on
March 24, 2014.
Request 2: You state the Town does not consent to the mooring of my boat in this cove. This
implies that the Town has provided it's consent to others. I respectfully request the public
records that are those consents.
The Town has no public records responsive to this request
Request 3: You demand removal of this boat. You do not indicate what Town Code requires
me to do this. I respectfully request the public record that is the section of the Town Code
requiring me to remove this boat.
Section 38 -72 of the Town Code, which is attached, requires removal of the vessel.
Request 4: You demand I remove this boat within 24 hours. 1 believe this is an unreasonably
short period of time for an alleged first time violation. You do not indicate what Town Code
requires me to act this quickly. I respectfully request the public record that is the section of the
Town Code requiring me to remove this boat within 24 hours. I also respectfully request the
public record that is the Florida Statute upon which you based your decision that 24 hours is a
reasonable time period to correct an alleged first time violation.
Sections 38 -72 and 38 -103 of the Town Code, which are attached, require and authorize
removal of the vessel. There are no other public records responsive to your request.
Request 5: You state one or more remedies the Town will exercise is an immediate code
enforcement hearing. I respectfully request the public record that is that section of the Town
Code that you intend to adjudicated at this hearing.
Sections 38 -72 and 38 -103 of the Town Code, which are attached
Request 6: You state one or more remedies the Town will exercise is to file suit for trespass.
I respectfully request the public record that is the Florida Statute upon which you base the
alleged trespass.
There are no public records responsive to your request.
Request 7: You state one or more remedies the Town will exercise is to remove my boat. I
respectfully request the public record that is that section of the Town Code that provides
removal as a remedy to this alleged violation.
Section 38 -103 of the Town Code, which is attached.
Request 8: You state that after you remove my boat "it will be stored until such time as my
client has financially satisfied the Town... "1 don't know what client you are referring to? Can you
please tell me who this is?
Notwithstanding the fact that this request seek information, not public records, "your client"
refers to Mr. Christopher O'Hare, the owner of the vessel.
We consider this request to be fully addressed.
Regards,
JONES FOSTER
_ ,, . 1::..,.14,1.,. .
James C. Gavigan, Jr. .attorney
Direct Dial: 561.650.0419 1 Fax: 561.650.5300 1 jgavigan(@,jonesfoster.com
Jones, 1?ostcr, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Hagler Drive, Suite 1100, Crest Palm Beach, lorida 33401
561 - 659 -3000 1 www.jonesfoster.com
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may
be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any
review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete
the original message.
M
ccmllk38- mrs4833
KNOW UL HSH BY THM 12181R99t
That WATERNY RUM MORMON, a corporation organize
and eriating under the lave of the State at Florida, hereinafter
called the Grantor, the owoar of the following described real
estate located in the Town of Gulf Stream, Palm Beach County,
Florida, (hereinafter called the msrvient lend) to -wit,
ALL of PDIA CAVE, an addition to the Town -of
Gulf Stream, Florida aeeotding to flat thereof
recorded in ?lilt iioac A, at page 7j, public
records of Pain Beach County Florida]
Lots 1, 2 2 -1; Lots 3 to 23 inclusive;
Gets 23 -A end r14; and "gsgyan Bold ", 'Polo
Drive" and "Pala tfay" according to said plat,
Heeding and intending to describe that portion
of no addition which is ohm on said plat as
a 1W foot private inlet togeth¢r with private
boat basin and identifies an said plat es, -In-
let (Private)" and "Pole Data ( Private)".
do, for vulaahle considerations, by these presents, grant, bargaie
sell end convey to the present and future owners of that certain
dominant land in Gulf Stree =, Palm Beach County, Florian, hereia-
after described, the perpetual right and moment to use the
servient land above described, umd the water over; above and cover
ing sere as a watervay or basin f'or boating, swimming, bathing,
fishing and other usual and cuatomarf recreational purposes for
+biah private eater areas are used in this vicinity.
The land ad to siafoh the aforesaid easements shall be
teemed to be dominant is describd as follows, to -wit;
Lots 1, 2 2 A; Lots 3 to 23 inclusive; Lots
23-1 end kk of P= GUPE, an addition to the
Tana of GuU Strom Florida according to
plat thereof r000rded to Plat Book 24, at
page 73, public zeonrds of Palm Reach County,
Florida.
The above grant is made upon the following terns, can -
ditions end provisions.
1. It in distinctly vuderstooa that the undersigned
=1038 wttt184
Grantor shell be in no wanner remanaibla for the maintenance of
the aforesaid servient land or area or for the a3vmeut of taxes
thereupon.
2. Saab grant in made without warranties of any kind
as to the grantor's title In and to the servient lent.
3. Taw easements hereby granted shall be considered ae
appurtenant to and running with the doninanb land Last hereimt.ov
described and to the present and future owners of each and every
part and parcel thereof.
TW W17NM WH MY. the Grantor has caused these present
to be signed in its name by its President, and its car rate seal
to he affixed, attested Ly its Secretary, this___44Cf day of
`Daoaiol)er, A. D. 1953.
• °
WATERWAY gKAi.1T � �IOh
Attest. � �us.
ri � = ecratnry
WiittpiMes; '
s C
,wt.o
an�h o'TArd U? hiMAIDA,
�w V
CUUNTY OF YAU1 Eg,1G:i,
$ : IMUL.Y MUM, that nn tais-14L �dqy of Ueaemner A.
1953, colors me pareandily epparf r respectively v, Pitt and SOBER k.
1- A' 11 President and 8eore my reap�ctively of ilA't'�tnAY dcrtn_ti
UdPue(d; )Un, a corporation under tae laws of tae dtate of aoriae
to me known to be the persona deacribed in and who executed the
foregoing instrument end severelLI, acknowledged the execution.
6 thereof to be their free act and need as auan officerst for the
3 !4. used and Purposes therein menLioneri; and that they affixed theret
!i
the official sea! of said oorporution, and the said lnstr.ment is
the eat and deed of said aorporavion.
W1THMS my aigoature sell official seal at Delray Beach
;•pw11 rl n the County and State aforesaid, tbal snd year lnet aCoresaS�
pTA.tp
Notary FUlalia.
L%q P5
1. 'Veal) W aowmwm.ieaioa ezRirea:
Gulf Stream, FL Code of Ordinances
Sec. 38 -72. - Anchoring or mooring.
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No boat orvessel shall be moored or anchored within the town for a longer period than 24 hours in
any consecutive 30 -day period. This section shall not apply to the permanent docking of boats or vessels
to piers which are accessory uses to residential dwelling units within the town if the vessel is owned by
the owner of the residential dwelling unit of which the pier is an accessory use or such vessel is owned
by a guest of the owner of the residential dwelling unit and accessory dock facility to which the vessel is
attached.
(Code 197$ 38 -7 )
Editor's note—
Ordinance No. 03 -8,_1 adopted October 10, 2003, repealed § 38-72. Formerly, such section pertained
to permit for docking and derived from § 8 -22 of the 1978 Code. Subsequently, § 2 of same ordinance
renumbered § 38-73 as § 38 -72
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Gulf Stream, FL Code of Ordinances
Sec. 38 -103. - Enforcement.
The provisions of this article shall be enforced by (1) the Town of Gulf Stream Special Master
pursuant to the authority granted by F.S. § 162.01 et. seq., as may be amended and Article 10 of the
Unified Land Development Code, as may be amended, or (2) by the Town Commission of the Town of
Gulf Stream through Its authority to enjoin and restrain any person violating the Unified Land
Development Code. The town may pursue these or any other enforcement remedies available to and
applicable to the Town of Gulf Stream.
(Ord. No. 11 -7, 5X111, 2- 10.12)
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