HomeMy Public PortalAboutPRR 14-0969969
Your original request, dated June 16, 2014, is reproduced in the space below:
From: Chris O'Hare [mailto:chrisoharegulfstream @gmail.com]
Sent: Friday, June 06, 2014 1:03 PM
To: Bill Thrasher; Rita Taylor; scottmorgan75 @gmail.com
Subject: Fwd: PUBLIC RECORD REQUESTS — Complaint - plants in the right -of -way
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. 1, do not understand this response because I am not asking
for information or legal advice. I asked for any public records related to your efforts in the matter of an
apparent violation of town code regarding plants in the right -of -way at 2755 Cardinal Circle.
In fairness to you, I will assume I just didn't ask correctly for the records I seek. Therefore I will ask again
but in a way I hope will be more clear and acceptable.
Please see below my new public record request to you.
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
PUBLIC RECORDS REQUEST
Please forward this public record request to the Custodian of Records for your
agency. Pursuant to
969
Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes
wish to make a public records request of your agency for the following records:
Any records including emails, phone logs, notes, memos, photos, video, reports. minutes,
letters, files, folders, labels, correspondence or any document related to any complaint
and subsequent action by the town to that complaint about plantings in the right -of -way at 2755
Cardinal Circle created or received from April 1, 2014 to the date you receive this request.
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 5119.070)(f) of the Florida Statutes.
I wish to receive these records as soon as possible. If some records that are responsive
to my request are obtainable sooner than other responsive records, I wish to receive
those records as soon as they are available and I wish to receive the other records as
soon as they become available. I request that no responsive records be withheld from
me while waiting for other responsive records to be found.
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 some of these public records will require a search of
sufficient duration as to require any deposit payment from me, please notify me of any
such required payment prior to conducting any portion of that search which would
require such payment. Please first produce any responsive records that are readily
available and do not require any deposit payment prior to producing.
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: chrisoharegulfstream (o)gmail.com
Town of GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 16, 2014
Chris O'Hare
Re: Complaint - plants in the right- of -way (new)
Dear Mr. O'Hare,
Thank you for your public records requests.
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 your 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
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From:
Chris O'Hare < chrisoharegulfstream @gm ail. 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
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.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via a -mail
August 12, 2015
Chris O'Hare [mail to: chrisoharegulfstream @gmail.com]
Re: GS #969 (Fwd: GS #1905 (Complaint - plants in the right -of -way (new))
Any records including emails, phone logs, notes, memos, photos, video, reports. minutes, letters,
files, folders, labels, correspondence or any document related to any complaint and subsequent
action by the town to that complaint about plantings in the right -of -way at 2755 Cardinal Circle
created or received from April 1, 2014 to the date you receive this request.
Dear Chris O'Hare [mail to: chrisohare gulfstream(a),gmail.coml,
The Town of Gulf Stream received your public records request on June 6, 2014. You should be
able to view your original requests at the following link htlp://www2.gulf-
stream. org/ weblink/O /doc /18364/Pagel.asux. In future correspondence, please refer to this public
records request by the above referenced numbers.
The responsive records can be found at the same above link.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records
From: Chris O'Hare[mailto:chrisohareeulfstream@gmail.coml
Sent: Sunday, May 18, 2014 12:49 PM
To: Bill Thrasher<bthrasher(cDRulf-stream.org>; Garrett Ward <GWard@gulf-stream.org>;
scottmoraa n75 @ema il.com
Subject: Fwd: Complaint - plants in the right-of-way
Dear Mr. Thrasher and Chief Ward,
I am forwarding you herein my complaint sent to you on April 2, 2014 for your reference. In this
complaint I brought to your attention a violation of town code regarding planting in the Town
right-of-way. I have since noticed that two trees that violated the referenced code have been
removed. However the majority of new planting in the right-of-way still remains. I am therefore
writing you again to make a follow up inquiry about your enforcement of the Town's code in
regard to this apparent violation.
Since you have chosen not to respond to my previous inquiry, I am making this request for a
response in the form of a PUBLIC RECORD REQUEST.
Please provide me with any public records related to your efforts in this matter. I make this
request pursuant to all Florida State Statutes Florida Constitutional Articles regulating public
records. Specifically pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119.07 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 &119.07(1)(e) of the Florida Statutes and
state in writing and with particularity the basis for your conclusions as required by 6119.070)(f) of the
Florida Statutes.
Please take note of 6119.07(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 6119.01(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.
All responses to this public records request should be made in writing to the following email
address: chrisoharestulfstream()amail.com
Sincerely,
Chris O'Hare
2520 Avenue Au Soleil
---------- Forwarded message ----------
From: Chris O'Hare <chrisoharegulfstream a,gmail.com>
Date: Wed, Apr 2, 2014 at 11:17 AM
Subject: Complaint - plants in the right-of-way
To: bthrasherceulf-stream.org.didthevreadit.com, sward(&gulf-stream.org.didthevreadit.com
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.
SUPPLEMENTAL
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
August 28, 2015
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #969 (Complaint - plants in the right-of-way (new))
Any records including emails, phone logs, notes, memos, photos, video, reports. minutes, letters,
files, folders, labels, correspondence or any document related to any complaint and subsequent
action by the town to that complaint about plantings in the right-of-way at 2755 Cardinal Circle
created or received from April 1, 2014 to the date you receive this request.
Dear Chris O'Hare [mail to: chrisoharegulfstreamOgmail.coml,
The Town of Gulf Stream received your original public records request on June 6, 2014. You
should be able to view your original request at the following link bft://www2.gulf-
stream.org/weblink/O/doc/I 8364/1aael.asox. In future correspondence, please refer to this public
records request by the above referenced numbers.
The additional responsive records can be found at the same above link.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records