HomeMy Public PortalAboutPRR 14-0802Your original request, dated April 21, 2014, is reproduced in the space below:
From: Hokuikekai Keihanaikukauakahihuliheekahaunaele ( mailto :IlOiOi001110ii0111100iOii01111 @gmail.com]
Sent: Monday, April 21, 20141:45 PM
To: Freda Defosse
Subject: record request enforcement 20434604220000060
PUBLIC RECORDS REQUESTTO CUSTODIAN OF RECORDS
Attention Custodian of Records for TOWN OF GULF STREAM This is a public records request of the Town
of Gulf Stream for public records. This public record request is made pursuant to Florida Constitution
Article 1, Section 24 and Florida Statutes Chapter 119.07.
Any record regarding code enforcement action or code issues or planting in the right -of -way relating to
the property identified in County records as PCN 20434604220000060 created or recieved during the
time period from Jan. 12014 to the time you recieve this request.
Include responsive records from all sources including town files and email accounts in the control of all
town officials, appointees and employees and any other source of town records. Immediately provide all
records that are readily available. Responsive records that are not immediately available should be
provided as soon as they are available. Do not delay production of readily accessible records while
waiting for production of less readily available records.
If you contend that any of the records being requested, or any portion thereof, are exempt from
inspection or disclosure please cite the specific exemption as required by Florida Statute 5119.07(1)(e)
and state in writing and with particularity the basis for your conclusions as required by Florida Statute
§119.07(i)(fl.
Take note of Florida Statue &119.07(c) 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 aIcers or employees within the agency whether such a record exists and,
ifso, the location at which the record can be accessed." 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 Florida Statute
§ 119.01(2)(f). If the records are not available as digital records then please email me with instructions for
me to pick the records up from you. Records in electronic or digital form are preferred.
Notify me in advance of their production if you anticipate the production of these public records to
exceed $1.00, with a written estimate of the total cost. 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 prior to you
expending any resources that would require payment from the requester.
All responses to this public records request should be made in writing to the following email address:
110iOi00IIIOiiOIIIl00iOii011 (1(),gmail.com
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From: Chris O'Hare <chrisoharegulfstream @gmail.com>
Sent: Wednesday, April 02, 2014 11:18 AM
To: Bill Thrasher; Garrett Ward
Subject: Complaint - plants in the right -of -way
Attachments: plants in ROW.JPG 8 0 2
Dear Mr. Thrasher and Chief Ward,
Attached is a recent photo of a clear violation of Town Code Sec. 22 -4 at the property identified
as 2755 Cardinal Circle. I am bringing this violation to your attention because you may have
apparently not noticed it in your occasional drives through Gulf Stream. Officer Gorrel was driving
behind me as I took the attached photo this morning and certainly has personal knowledge of this
violation.
I have no objection to anyone planting landscape plants in the grass area between a person's
property and the edge of an adjacent road. Having lived in Gulf Stream and visited for over 30 years I
have seen many examples of the right -of -way being populated with landscape plants to the benefit of
the property owner and surrounding neighbors. For example, the late mayor Koch's home had, and
still has, a handsome grouping of mature Seagrape trees growing right next to the pavement. As well,
many property owners including Commissioner Morgan, Commissioner Ganger and Mayor Orthwein
have expressed concern over the removal of any landscape planting from the right -of -way
surrounding the property previously owned by Ed and Jean Spence.
However, I understand from Officer Gorrel's comments to me and Officer Ginsberg's investigation and
report regarding the few plants I had placed in the right -of -way adjacent to my home and Mr.
Thrasher's subsequent letter to me demanding that I remove said plants (which I did at great
expense) that this activity is prohibited in the Town of Gulf Stream and causes the property owner to
be in violation of local ordinance. Therefore, since all residents have a right to be treated equally
under the law, I respectfully request you consider this email an official complaint against this violation
of Sec. 22 -4 and ask you both to act in your official capacities to bring the property identified in the
subject line of this email into compliance.
I have copied the code section below for your reference.
You will note that the condition documented in this complaint exists on other properties in the Town of
Gulf Stream. I have complained to you both about some of these other properties in the past and I
intend to send you information about more of them under separate emails as time allows.
As well, I would like to call to your attention that when I personally asked Chief Ward about enforcing
this particular section of the code in regard to the green and white stakes that are now apparently
ubiquitous in the rights -of way throughout the east side of Gulf Stream, Chief Ward said he was not
enforcing this code because he thought the commission was still considering whether to change it. I
was present during the public meeting as were you and Chief Ward when the commission
unanimously rejected Mr. Thrasher's proposed revision to the existing right -of -way policy. If any
further consideration of changing this policy is underway, it must be in secret because no discussion
has taken place at a public meeting.
Sincerely,
Chris O'Hare
2520 Avenue Au Soleil
Gulf Stream Town Code:
Sec. 22 -4. Obstacles to traffic and parking.
(a) It shall be unlawful for any person to place and /or maintain any obstructions within the
public right -of -way of the town without first being given authority in writing by the town to
place said obstructions. Obstructions shall include, but shall not be limited to, hedges, trees,
walls, fences, traffic triangles, or other obstacles intended to impede traffic or parking or
structures of any kind not previously approved in writing by the town.
(b) Any obstacles placed in the town right -of -way in violation of this section may be
immediately and summarily removed by the town and shall be removed at the expense of the
property owner.
(c) Any person found to be in violation of this section shall be subject to the general penalty
section of this code or, alternatively, shall be subject to the jurisdiction of the town's code
enforcement process.
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