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Home My Public Portal AboutPRR 14-1927From: Chris O'Hare f mailto: chrisoharegulfstream CoDgmail.coml Sent: Sunday, May 18, 2014 12:49 PM To: Bill Thrasher <bthrasherCalgulf- stream.org >; Garrett Ward <GWardCagulf- stream.org >; scottm o rga n75 @ g m a i I.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 4119.07(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 4119.01(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 (d)amail.com Sincerely, - -- -- Luc. kti <�vr So :-7 �o J-4 474L dA CL V2 n �. dAkA N ■ — 31 3D J-4 474L dA CL V2 n �. dAkA N ■ Kelly Avery 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 e-mail August 28, 2015 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #1927 (plants in the right-of-way) Please provide me with any public records related to your efforts in this matter. Dear Chris O'Hare [mail to: chrisoharegulfstream(a)grnail.coml, The Town of Gulf Stream received your original public records request on May 18, 2014. You should be able to view your original request at the following link htt-p://www2.gulf- stream.org/weblink/O/doc/63892/Pagel.aspx 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. All "efforts" were done verbally. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records