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PRR 15-1851
From: Chris O'Hare [mailto: chrisoharegulfstream @gmail.comj Sent: Saturday, June 20, 2015 5:15 PM To: Gavigan, lames C. Cc: Randolph, John C.; Bill Thrasher; mhanna @g3mlaw.com; Kelly Avery Subject: Re: March 23, 2014 Public Records Request Mr. Gavigan, Thank you for your reply on behalf of the Town of Gulf Stream to my earlier email request of June 11th. While I consider your reply to be prompt to my email inquiry made just 8 days before, I still find it unacceptable and a violation of Florida Statutes Chapter 119 for the Town and its agents (in this case Jones, Foster, Johnston & Stubbs, P.A.) to take one year, two months and twenty seven days to produce a responsive public record. The records you have provided to me may be all the records in the Town's custody that are responsive to my request but I reserve the right to petition the court to determine if your late response has violated my right to reasonably examine a public record as established by case law, State Statute and the Florida Constitution. I also note that you have provided the actual section number of the Town's Code of Ordinances in response to some of my record requests. This is contrary to the Town's custom of responding to similar record requests by producing, not the Code section requested but rather the entire Town Code while claiming the Town does not provide information or legal advice about public records. The Town Custodian of Records or others on behalf of the Town apparently forwarded my public record request of March 23, 2014 and subsequent correspondence to your firm. Please consider this email to also serve as a public record request by me to the Town to provide for my examination any additional correspondence between the Town and anyone else which was created in regard to these emails and this matter. I make this request per the same terms and references found elsewhere in this email. Please forward this public record request to the appropriate person Sincerely, Chris O'Hare chrisohareeulfstreamCeDsmail.com Kelly Avery From: Sent: To: Cc: Subject: Attachments: Good morning, FYI Bill Bill Thrasher < bthrasher @gulf - stream.org> Friday, June 12, 2015 5:25 AM Stearns @jambg.com; Johann Semexant; OConnor, Joanne M. Kelly Avery; Rita Taylor FW: Third attempt to examine all responsive documents - Fwd: Public Recrd Request - Boat Removal Reords - O'Hare Thrasher Itr about boat 3- 23- 14.pdf; Incident Report about boat 3- 22- 14.pdf From: Chris O'Hare < 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 @gmail.com ---- - - - - -- Forwarded message ---- - - - - -- From: Chris O'Hare < chrisoharegulfstream @ gmail.com> Date: Tue, Mar 25, 2014 at 9:57 AM Subject: Public Recrd Request - Boat Removal Reords - O'Hare To: bthrasher@ gulf- stream.org.didtheyreadit.com, l randoloh@ ionesfoster .com.didthevreadit.com "mhanna@g3mlaw.com" <mhanna @g3mlaw.com >, Louis Roeder <lou @louroeder.com> Mr. Thrasher, On March 23, 2014 you delivered to me a notice and incident report regarding my boat (attached for your reference) with a demand that I remove this boat within 24 hours or you would exercise one or more remedies. I responded to you that same day that I needed to examine certain public records from you before could act. Town attorney John Randolph then responded to me (copied below for your reference; and copied to you by Mr. Randolph on March 24) through my attorney Mark Hanna by providing one of the responsive public records I asked for. I still seek the other public records I requested on March 23. Please consider this email my second request for these public records. I make this second request with the same terms of my original request found at the bottom of this email. Mr. Randolph added to his public record response a legal opinion which I did not ask for and which you have stated in the past you would not provide in response to my previous public record requests. His opinion, an apparent break from your previous public record policy, was unexpected but appreciated. Mr. Randolph also added to his public record response, "...unless he (O'Hare) removes it as requested in the Notice from Mr. Thrasher, the Town will take appropriate action to remove the boat." Be advised that I will seek whatever remedies available to me against such action. I also fully intend to seek appropriate remedies against whatever entity assists you with the unlawful removal of my boat. I do not know what entity you may select for this purpose so I have no opportunity to properly notice them of my intentions. Please provide me with their contact information to facilitate such notice. If you fail to provide this information to me, please notify this entity of my intentions prior to acting. Sincerely, Chris O'Hare From: "Randolph, John C." <J Rand olph(a)ionesfoster.com> Subject: Response to your letter of March 23, 2014 regarding boat on Town waters Date: March 24, 2014 11:02:01 AM EDT To: "mhanna(a)g3mlaw.com" <mhanna(ag3mlaw.com> Cc: "'Bill Thrasher' (bthrasher(a gulf- stream.org)" <bthrasher(a)qulf- stream.orq> 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 Randolph . A n, a nc\ Direct Thal: 561.650.0458 1 F:.\: 561.650.5300 1 irandolphaionesfoster.com (ones, Foster, (ohnston & Stubbs, P.A. Flagler Center Tower, 505 South F7agler Drive, Suite 1100, West Palm Beach, Florida 33401 561- 659 -3000 1 www.jonesfoster.com U.S. Treasury. Regulation Circular 230 requires us to advise i ou that written communications issued be us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by die Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and mac 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. From: Chris O'Hare < chrisohareeulfstream@gmail.com> Date: Sun, Mar 23, 2014 at 10:20 PM Subject: Response to your letter of March 23, 2014 regarding boat on Town waters To: bthrasher@gulf- stream.ore 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 Soled l 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 1 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. Please take note of §119.07(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)M, Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and /or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: chrisohareaulfstream @ amail.com \/_ LU k\® k�� \ %/ D ®OCR 0 2< (L< b /£k( U) U) - - ¥2A» k? ()(( §$ \m - Lu § Lu §)2 �\ )L) )D= 2 § *e _ \k )\ w k( \k 2m\ )» §§ ® /_o §022 2° ;- )`[` _ y3E§ k _ \\ /) § k � 0 0LU m- ±()§. § >�! _ mG$(u e §) /)ƒ / § ! § LLJ < ƒ ° } \ m X72?»/ s ( AtU)o / § k E =527` o�kw , »k`S /§ \ L§}\ //\ /j/ w �\j §} / - <�Lu /( [ 3 §i /� °w§ §)0 - - ZU) - & ) xu <wm • ƒ q! G § ¥ : o o{§ ci LU \))/\ § // m2 Ir E5 ;= § \m § § j 6w of- WMZ< CL * o== 2� 3 /*2« ) ƒ \ ! <, - ® 2 ) >a y -)() n- q ° (D \ i § m <Ir OJ o§ r, ) ) -� @» j\ �± w z U[ 0 §} Ir w > << �k §k�§\� ° k / \ \( \ _- q /o\)\\ 0� � 0o(D &� » ` <gZz§ § % w3: 3: !RG§s/ )§ k \m\ j / §E; 2E &m COMMISSIONERS JOAN K. ORTHW EIN, Mayor THOMAS M. STANLEY, Viu Mayor 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 Telephone ? I (561) 276 -5116 Fax (561) 737 -0168 ±±� Town Manager WILLIAM H. THRASHER 'n<. t!, 2�•.; «,?" Town Clark RITA L TAYLOR Article: k 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 § 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 Kelly Avery From: Kelly Avery <kavery@gulf - stream.org> Sent: Friday, June 12, 2015 8:28 AM To: Randolph, John C. Subject: FW: Third attempt to examine all responsive documents - Fwd: Public Recrd Request - Boat Removal Reords - O'Hare Attachments: Thrasher Itr about boat 3- 23- 14.pdf; Incident Report about boat 3- 22- 14.pdf fyi Kelly Avery Deputy Clerk Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 -7427 561- 276 -5116 561- 737 -0188 fax �nver�Gqui�llrennaorq 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. From: Bill Thrasher Sent: Friday, June 12, 2015 5:25 AM To: stearns @jambg.com; Johann Semexant; OConnor, Joanne M. (JOConnor @jonesfoster.com) Cc: Kelly Avery; Rita Taylor Subject: FW: Third attempt to examine all responsive documents - Fwd: Public Recrd Request - Boat Removal Reords - O'Hare Good morning, FYI ma From: Chris O'Hare < chrisohareaulfstream@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 chrisohareeulfstream @gmail.com ---- - - - - -- Forwarded message ---- - - - - -- From: Chris O'Hare < chrisohareeulfstream @gmail.com> Date: Tue, Mar 25, 2014 at 9:57 AM Subject: Public Recrd Request - Boat Removal Reords - O'Hare To: bthrasher@ gulf- stream.org.didthevreadit.com, Irandoloh@ ionesfoster .com.didthevreadit.com "mhanna @g3mlaw.com" <mhanna @g3mlaw.com >, Louis Roeder <lou @louroeder.com> Mr. Thrasher, On March 23, 2014 you delivered to me a notice and incident report regarding my boat (attached for your reference) with a demand that I remove this boat within 24 hours or you would exercise one or more remedies. I responded to you that same day that I needed to examine certain public records from you before I could act. Town attorney John Randolph then responded to me (copied below for your reference; and copied to you by Mr. Randolph on March 24) through my attorney Mark Hanna by providing one of the responsive public records I asked for. I still seek the other public records I requested on March 23. Please consider this email my second request for these public records. I make this second request with the same terms of my original request found at the bottom of this email. Mr. Randolph added to his public record response a legal opinion which I did not ask for and which you have stated in the past you would not provide in response to my previous public record requests. His opinion, an apparent break from your previous public record policy, was unexpected but appreciated. Mr. Randolph also added to his public record response, "...unless he (O'Hare) removes it as requested in the Notice from Mr. Thrasher, the Town will take appropriate action to remove the boat." Be advised that I will seek whatever remedies available to me against such action. I also fully intend to seek appropriate remedies against whatever entity assists you with the unlawful removal of my boat. I do not know what entity you may select for this purpose so I have no opportunity to properly notice them of my intentions. Please provide me with their contact information to facilitate such notice. If you fail to provide this information to me, please notify this entity of my intentions prior to acting. Sincerely, Chris O'Hare From: "Randolph, John C." <JRandolph(allonesfoster.com> Subject: Response to your letter of March 23, 2014 regarding boat on Town waters Date: March 24, 2014 11:02:01 AM EDT To: "mhanna(a)g3mlaw.com" <mhanna(cDg3mlaw.com> Cc: "'Bill Thrasher' (bthrasher(c)gulf- stream.org)" <bthrasher(a gulf- stream.orq> 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 Randolph \rnano Direct Dial: 561.650.0458 1 1:1-%: 561.650.5300 j irandolphgi ones foster.com Jones, Foster, Johnston & Stubbs, P.A. Ilagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 - 659 -3000 1 www.jonesfoster.com U.S. Treasun 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 be imposed by the Internal Revenue Service. 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. From: Chris O'Hare < chrisohareeulfstream (@email.com> Date: Sun, Mar 23, 2014 at 10:20 PM Subject: Response to your letter of March 23, 2014 regarding boat on Town waters To: bthrasher@gulf- stream.org 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. 1 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 1 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. Please take note of §119.07(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. All responses to this public records request should be made in writing to the following email address: chrisohareaulfstream @ gmail.com COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vka Mayor MURIELJ. 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: # 188 Hand Delivery Telephone (561) 276 -5116 Fax (561) 737 -0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR 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 § 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 \ \ U,J § E ° ( ) ( \ :ems a r; )U)( § _ m m Ld :£7@ (200 - M2oo U) a: LLJ CL M ! 7 (§o` E_ §» §§ )(L ) )§ = �Lu \En(\ \ } / >j z 5 ! �< �< a. � Ir < � m \ \ o � >- g3±E Ir <§Qe / Ln �k - /w )/� 22[\ q o®§ §a )! «*3 _ w WGwog e §) /)! L j } 3@e)£ U w w - _ g ®me § ` } } =k§/P F- ® k < § 22§/ >- / 0!m0 k0) k \0 § §//12 L`` * //) \ /§0 )§/ / 7 i ` / <u § °!§ _ J \ ƒ. ; § ] ) k >. () {} g� /}))/ \ ; �$ Ix jo #E § ° ( § \k( /) k j § §� U. =[O< Oe @ m §{i » w <- >a. �- q / - /\§ w 2 / -<m G§ 2 w = �cJ , §# > §2 [ r § d )§} /i ja: ; \ Ik E � <0�M� k `0 WwM$= \-k L) >mw §Ir) §6 ~ Q«},rq ■gk »� § % !e#q■2 )\ k > \ § § EE§ ;d R© Kelly Avery From: Bill Thrasher Sent: Monday, March 24, 2014 5:30 AM To: 'Randolph, John C.' (JRandolph @jonesfoster.com); Baird, Thomas J. Cc: Matias, Sally (SMatias @jonesfoster.com); Green, Marilyn R.; Rita Taylor; Freda Defosse Subject: FW: 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 Everybody, I received this email last night from Mr. O'Hare. Please review? I am arranging for the boat to be towed today as early after the maturity of the 24 hour notice as possible. There is a Scribner's error /phase in the Towns notice letter which Mr. O'Hare has commented on. I used Mr. Baird's letter as a template for the Town's notice. It should not be "your client" but rather "you" as in Mr. O'Hare. However, I believe: 1.) Mr. O'Hare has received and understands the notice; 2.) He has had enough time in which he could have removed the boat and still could yet this morning before the expiration of the 24 hour notice; 3.) 1 believe that Mr. Baird actually email Mark Hanna his notice of Mr. O'Hare's trespassing. Therefore, this is actually the second notice to either Mr. O'Hare or his attorney Mark Hanna. Although different events, the same material facts and situation exist in this occurrence. 4.) This notice was hand delivered by Sgt. Haseley. Thanks, FIt From: Chris O'Hare <chrisoharegulfstream @gmail.com> 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 1 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 4119.07(i)(f) of the Florida Statutes. Please take note of 3119.07(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. "1 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 3119.01(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: chrisohareaullstream0amall.com N ri o r• m '+J G O N N• w r w co co w w Y 7 Y. r' C) -a c p r T mC-n D 'f1 �mG) TDC O p T M D N 60-4 w ,'V D m � COMMISSIONERS JOAN x. ORTHWEIN. Mayor THOMAS M. STANLEY, Vice Mayor MURIEL J. ANDERSON W GARRETT DERING ROBERT W. GAN GER March 23, 2014 Christopher O'Hare 2520 Avenue Au 5oleil Gulf Stream, Florida Dear Mr. O'Hare: TOWN CIF GULF STREAM PALM BEACH COUNTY, FLORIDA Article: 4 188 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, / / XAO,00 — #-1 A sN'� William H. Thrasher Town Manager 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Telephone (561) 276 -5116 � Fax `1 h (561) 737 -0166 Town Manager WILLIAM H. THRASHER Town Clerk flITA L. TAYLOR Article: 4 188 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, / / XAO,00 — #-1 A sN'� William H. Thrasher Town Manager 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Z k \ ^j�) ) \( (L ! r = D § !!$N ]2AE - - *EA) k§ w2MLU m`2 ( Er [ |` X oo t `/ ) L)| k - § §)§} h U))} §#k` 0 C\\\ goeE §: §® \�!` _ g§!) - EE // - 7i #§ §��m »- 2) �§ /§. LU !§LULu _ 8G %/g F- §} />¥ E' \ } m! ®)f ®me / a - _ 2 LU / 2 k ® § ) <�V) \k§ o% §� , #k; =3§ § k l� k 13 a k °B § mU) ) « § >) \ )/) ) §/ $ <) a § <w 3 3. :� - »)`� \0E- 6 § - # V) jolm § �) § !s § w O/- ; \§ /ƒ[ (D \ > a a E| \k §e§ j ( :&k) ƒ \/ q ) e= » | #a /k» �cJ §__ §7 = § _ , J _ r )\ ;/! ! § § it \ } \ E § L) 0 fn <� §2( \ -000 | U* W 3: § /�§ \ j � )\((} 2 # §� ;; § % (\ k / j § §E § ;e !E 0m F- > kg Kelly Avery From: Matias, Sally <SMatias @jonesfoster.com> Sent: Monday, March 24, 2014 9:41 AM To: Bill Thrasher Cc: Baird, Thomas J. Subject: RE: Response to your letter of March 23, 2014 regarding boat on Town waters Mr. Thrasher there must be another attachment — the letter from O'Hare which we did not receive. Sally JONESFOSTER tunas inu nsn: um, p_t. Sally Matias Seeret.tn to John C. Randolph :wd I I. Rfichael Easley Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smadas ,'onesfoster.eom Jones, Foster, Johnston & Stubbs, P.A. Flaglcr Center Tower, 505 South Hagler Drive, Suite 1100, \\ est Patin Beach, Florida 33401 561 - 659 -3000 1 www.ionesfoster.com U.S. Treasun Regulation Circular 230 requires us to advise you that written communications issued be us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service 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, yuu received this in error. If so, anv review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete die original message. From: Bill Thrasher [mailto:bthrasher @gulf - stream.org] Sent: Monday, March 24, 2014 5:30 AM To: Randolph, John C.; Baird, Thomas J. Cc: Matias, Sally; Green, Marilyn R.; Rita Taylor; Freda Defosse Subject: FW: Response to your letter of March 23, 2014 regarding boat on Town waters Everybody, I received this email last night from Mr. O'Hare. Please review? I am arranging for the boat to be towed today as early after the maturity of the 24 hour notice as possible. There is a Scribner's error /phase in the Towns notice letter which Mr. O'Hare has commented on. I used Mr. Baird's letter as a template for the Town's notice. It should not be "your client" but rather "you" as in Mr. O'Hare. However, I believe: 1.) Mr. O'Hare has received and understands the notice; 2.) He has had enough time in which he could have removed the boat and still could yet this morning before the expiration of the 24 hour notice; 3.) 1 believe that Mr. Baird actually email Mark Hanna his notice of Mr. O'Hare's trespassing. Therefore, this is actually the second notice to either Mr. O'Hare or his attorney Mark Hanna. Although different events, the same material facts and situation exist in this occurrence. 4.) This notice was hand delivered by Sgt. Haseley. Thanks, M From: Chris O'Hare <chrisoharegulfstream @gmail.com> 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 it 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. I. 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. 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 / 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 §119.07(i)(e) of the Florida Statutes and state in writing and with particularity the basis far your conclusions as required by §119.07(1)(8 of the Florida Statutes. Please take note of §I19.07(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)(8. 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: chrisohareaulfstream @gmaii.com Kelly Avery From: Randolph, John C. <J Randolph @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 FOSTER _..JONES -- -- _ __ 101151 ON eo n V e6{, r a. John C. Randolph .Attorney Direct Dial: 561.650.0458 1 I;ax: 561.650.5300 1 jrandnlpliQ ones foster.com ]ones, Foster, Johnston & Stubbs, P.A- Kagler Center Tower, 505 South Flagler Drive, Suite 1100, \\ ca Palm Beach, Florida 33401 561- 659 -3000 1 www.jonesfoster.com U.S. Treasure Regulation Curutar 210 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 be imposed be the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipients) 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 irrmcchiteh notitl us by email and delete the original message. From: Chris O'Hare < chrisoharegulfstream @gmail.com> 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 1 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 §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. Please take note of §119.071c) 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 whethersuch 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 maybe 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(1)(fl. Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify mein 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: chrisohareaulfstreani ftmail.com arm 1(88 =433 SA38�i'LlaB�iT t BOW ALL MEN BY IdESE PRESENTS, That wATEimWy DUTY CORPORATION, a corporation and existing under the laws of the State of Florida, hereinafter called the Grantor, the ownsr of vise following described real estate located in the Town of Gulf Stream, Pal® Beach County, Florida, (hereinafter called the servient land) to -wit: ALL of POID COVE, ar addition to the Town of Gulf Stream, Florida, according to plat thereof recorded in Phit Sco: 24, at page 7j, public records of Pain Beach County, Florida ,LW Late 10 2 2 -A; Lutes 3 to 23 inclusive; Lots 23 -A and nt4; and "Bemyan Road ", "Polo Drive" and "Pala Bay" according to said plat. Meaning and intending to daeoribe that portion of said addition which is; shown an said plat as P 140 foot private inlet, together with private boat basin and identified on said plat as, "In- let (Prive,te)" and "Pol,; Cove (Private)". do, for valuable considerations, by these presents, great, 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 perpetual right and easesent to use the servient land above described, sad the water over, above and cove ing sane as a waterway or basin for boating, swimming, bathing, fishing and other usual and austcmary recreational purposes for which private water areas are un..d in this vicinity. The land as to which thui aforesaid easements shall be deemed to be dominant is described as follows, to -wit: Lots 1, 2 2 -A; late 3 to 23 inclusive; Lots 23 -A and Z4 of POLO corm, an addition to the Town of Gulf Street, ln.orida, according to plat thereof recorded (.n Plat Book 24, at page 73, public renor*.l;i of Palm Beach County, Florida. The above grant is aaae upon the following terms, con- ditions and provisions: 1. It is distinotly understood that the underaigrod 3 FrX1, o M 4 R . P o � S O t. v CI� a 17:IfT� OTn,y DEM1(l3t3 rat la4 Grantor shall be in no manner roaponsibls for the maintenance of the eforasaid servient land or arsa or for the naymeat of taxes thereupon. 2. Sach grant is made without warranties of any kind as to the grantor's title in and to the servient land. 3. The easements hereby prmnted shall be considered as appurtenant to and ruining with the doniaamt land last hereinat•o described and to the present and future owners of each and every part and percel thereof. IN WITNESS Wfil OOF, the Grantor has caused these to be signed in its name by its President, and its corporate seal 1:4 to be affixed, attested Ly its Secretary, this„_ ' day of Deceeher, A. D. 1953. VAtteat :_�C�YI,� `IL.� Secretary Wit y' YJe9s: r dTAfc'U? MRIDA, WATEMI :LUL'rY 'AitPORATION Ita Po i e ! CUUN?y UP PAill E&LC . ) ; U&tdr:Y CddTl?Y, That or, tr,ie L-' dayy of hecemner, A.� 1'153, nefore me personally appeaiid RINAY V. POPE and dobiaiU F. i.A[ - 1;, President and 68oretary respectively of ifAL.�txAi rt:.ai.l ,UdPu, 1�IU.., a corporation under tae laws of tae dtete of : ;oriuh, to me known to be the persons described is and who executed the foregoing instrument and severally acknowledged the executio:: thereof to be their free act and d,aed as such officers, fo. tae uses and purposes therein ment.ione,J; end that they affixed tLeretc "e official seal of said corporation, and Ana said instrument is the act and deed of said corporation. WITNESS my eignatire and official seal at Delray beaca .yn the County and State aforesaid, thhee.Aaa„v and year last aforesaid Notary Public. X�eal) My commission expires: NNv� �J ry •. . a �.c, ��t i g . i �� ` b l a b ) / R Y w O � 0 5 ` �� o h - o Q 3 u � Q W � u � . c c " O h m _ N Z J O t J 4 . u n W 0 a " t l 3 �� i B r d R �� z " " ��a D 1 C L r I i �� . B 6 9 d j B I 9 u 1 I e e L 5 3 1 1 t l 3 d O t l d W V 3 t l ��5 d - I f 7 I 9 ! ��t q { �� S z E i 4 E F e l l 1 ��5 ; 1 a � a f e g O ��g ����Y �� r a t a ��I U l F e } _ u d n I r 3 A 1 1 t l O ' y 1 i E I a a m ) �� [ i t . . v . . . m t 3 A J 0 7 0 d Z A a E D 4 " I a " J > a S �� m K �� ? u ' �� ��" n �� i T - ' �� L " ��n w w + m o a n t ����J L _ ' 1 _ . L " ' n _ w r e w 3 . _ _ ��_ _ _ _ d o " i a P l e A V M d 3 1 V M 7 V I S Y O J V d 1 N l ��t q { �� S z E i 4 E F e l l 1 ��5 ; 1 a � a f e g O ��g ����Y �� r a t a ��I U l F e } _ u d n I r x:402 e W X i D: �o ofaa�r...ratnirl n1n•1 nir 1. 1. a ....«w. rr `rte Ai «• IL ►n G+w Era S66 ftrA030 •Q Ellis Quit -Claim �3eed, EieeuteJ tM. 7� d y.f �3r++1a e . A D. 1063 . by 4:ATERWAY REALTY CORPORAT'OH . m ` clan eobling .ndn IA. Lon of Florida , o.f h..ing it- pi.nrol ploy .1 of funs party. 1. TOWN OF GULF STREAM, a municipal corporation existing under the laws of the State of Florida, whale W.l.flim dd.ru I. P.O. Box 255, Delray Beach, Fla., eecnd aSolr• IFL,..n ..d 1,,.r ,V Sow •Tmrl .' .r `,n+e eo,l ,V1 . ...L. V ,e,nt «:v brl ..nr� w,� � M trite J i.G, Wig rI IV w� r! .rte .1 er,.e..� -Ymn rr .ter �liq[Sfltil, That the"id lint ,t Ir,n and oher vrluabl� eC'Oonnssttaaerations 1 W y thin mnu mli.n. We... $L.nm / 'in h.nd Wid,hy the old Word Wny, the mWpt Whereof U herby ri„rnbdg.d . drS hue enotr• re. 11. .d q.11 claim unto the w:d erond pony for,w. on the o.d mhirh SAW Mild first pwy hoe to .d to Ik f.Ua..in0 d eeriW W. trim or g.nel of I.J. euwl,. lying .d &,Wft . '-in the County of Palm Beach Swtr of Florida , to .dl: :The area designated as 'SOI1Tfi COVE' as sham on the plot of Gulf Stream Cove in Sections 3'and 4,.Township 46 South, Range 43 East, according to plat thereof recorded in Plat Book 24, page 185, in the office of the Clerk of the Circuit Court of Palm Beach County, Florida. The area designated as 'COVE' as shown on Plat Ho. 1 of Polo Fields, in Sections 3 and 4, Townshipp 46South Range 43 East, according to plat thereof recorded in P1at.Book y26. page 13, in the office of the Clerk of the Circuit Court of Palm Beach County, Florida. Areas designated as 'POLO COVE' and THEFT' as shown on plat of Polo Cove in Sections 3 and 4, Township 46 South, Range 43 East,; according to plat thereof recorded in Plat Book 24, page 73, in the office of the Clerk of the Circuit Court of Palm Beach County, ,I ;Florida. r STATEarFLORIDA .".. �" DOCUMENTA ?K STAMP TAX Soy O = �_[ r t >I "? ; 0 .c C.? — 11 D ZU PT IS IZI 10 yT�ll� � 1y � dv env lor)MR,r .pith .H ad awguL /he .{pvin!.nrn /hwwnb 6rl.nging a, in .ny.,ir opret.imrup...a .11 the ni.le. right. Ulle. Intense. lion, equity and Am Wirt• .1 of the Solt! Jlnl poly, ellhr In L., r equity. is the mI. pope ur, fimefa and L,64 of the rid --J poly forever. ' li tLillaL� L/OrEE�I the..id J1nt My iw aruud tone Mrs. "Im.,p,An Wet ,rite t. be ere.W in Ili n.Sor. Send ao,.„wi, r.l t. be hmunto.ffiad by lie plea ollinrim Ihe,.nle daly .u,hwt:.d. the dry and "r lint 06" Srillen. ' ATTEST:_'....,....... _ hrr.r Symd L,d d d.b'nee.d I,. the .re.ewp. STATE OF OF .•_ FLP9i A . __ _.___. I CUl•\TV or ALM BEACH :1 I Nunn" tsit T W eLlr'rY.:,a r She l r u,l G+e e1.,J1.« Y« - • -. - - - � .,�! •e.,• -� BEHILY V. POPE . '= i� 1e .. he Some 4.+, '.i wi• ',in' Mr ww� 1. m%.i/ +.ter 41 v ...I rid rare i She j ..., !. ' YIe1,Tif, .1 � r ..dr ..1 V i o,..r V won V -. .• .: 7 i .,1 / A. n n 63• S.dC�1LCgIr�FtOfla� - '� :r J. ALEX ARNETTE Note it s �tecf l triide =' CLEAK OF CIRCUIT COW* FC1j FALL S� a ":. at Inft fallow" Egia tb. 1. rii3 } I . q 7 R N O O R wrm m wr; w a OD Li Y Z f Y. S Is i� r m m r o In z pE0 m T D G r X r- 0 p T M D (1) DO -4 m W L D w ics` COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vke Mayor MURIEL J. ANDERSON W. GARRETT DERING RD BERT W. GANG ER 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: # 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 § 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 1561) 276 -5116 � Fax \ (551) 727 -0186 ,+ Town Manager P WILLIAM H. THRASHER `li.�' -`�z� • Town Clark RITA L TAYLOR Article: # 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 § 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 L/u \2000 / !i /2 \§2 } _ ! a. 3: 2[02 _ R MRoo §§ _2 =) §! %» )[ M »))\ < LU /� /}}\ /a / \ / /// / � 00: m LU >0 o=E2 ® ®2© wm= (m _ y§E§ `0< - \\[§ - (/ \2[, ol ©E §§) f /5§y§ 3 e0 L /\g §] >f [ } } °) # ~ ° °me \! § } §R \) M k \ / 9 : »2323\ L) 0/20 DO0 )jk §7 /2/ `` m` `XW <o / / §§ ) §/ / § | <W _ J k)\ /$ a- !; �) �� })( \ # Ix \ /§ /} \ j �jk\) ( k in \j)(2 2 u 2 § § §)$ @o% 2 �U\\\ cc q § w / CD » k / » ƒ2 , §�° w- ( } �0 < !ul,W % _�z �� ; j \ } &0M0� / \r0 O) B t - 0w3:w \(�)�K )§ \ \\ ;m m 2!§,r2 «s`Z� ( % 62:§92 m§ k > \ / ) 6222§ $® TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 30, 2015 Chris O'Hare [mail to: chrisoharegulfstream @gmail.com] Re: GS #1851 (Re: March 23, 2014 Public Records Request) All public records that are communications by and between the Town and any third party regarding O'Hare's public records requests regarding boat removal made March 23, 2014 and June 11, 2015. Dear Chris O'Hare [mail to: chrisoharegulfstream (a,Qanail.coml, The Town of Gulf Stream received your public records requests on June 20, 2015. You should be able to view your original requests at the following link htty://www2.eulf- stream.ore/weblink/0 /doc /55012 /Pagel.asox. In future correspondence, please refer to this public records request by the above referenced numbers. The Town may incur expenses for the production of documents. You are responsible for the costs of duplication, as allowed by Chapter 119, Florida Statutes, and you may also incur a special service charge for the labor needed to respond to this request. After a diligent search in which the Town dedicated more than 15 minutes of time, the identified responsive records can be found at the above same link. To ensure there are no other records, the Town estimates .5 hours of administrative support at $36.39 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). If the costs of producing these documents will exceed your deposit, the Town will provide you with an initial production of responsive records and an estimate for the production of any additional responsive records. If the costs of production are less than the deposit, the Town will provide you with the responsive records and a refund. (.5 hours @ 36.39 = 18.20) = Deposit Due: $18.20 in cash or check. The Town of Gulf Stream is currently working on a large number of incoming public records requests. Upon receipt of your deposit, the Town will use its very best efforts to further respond to your public records request in a reasonable amount of time. Sincerely, Town Clerk