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HomeMy Public PortalAboutPRR 15-1929From: Chris O'Hare[mailto:chrisoharegulfstream@gmail.comj Sent: Wednesday, September 16, 2015 5:57 PM To: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Public Record Request object d'art illustration at 3560 GS Rd Dear Town Manager Thrasher, At a recent meeting of the Town Commission I asked Mayor Scott Morgan if I could now display the political speech art that I had previously displayed at my home at 2520 Avenue Au Soleil. He told me to ask you. You may recall that you threatened me on January 23, 2014 with a Notice of Violation unless I removed these items from my home within two days because you believed they violated the town's ordinance prohibiting "Objects d'Art." You may also recall I wrote you on March 9, 2014 to say I disagreed with you but I was removing them under protest because of your written threat. Now that the Town Commission no longer prohibits the display of "Objects d'Art" may I again display these items without threat of code enforcement? You may also recall that I sent you, Chief Ward and Mayor Morgan an email on March 31, 2014 with a photo that is also attached to this email. In addition to your answer to my above question I request you also produce the following public records for my inspection. Any record related to the property shown in the attached photo regarding "object d'art". This email is a singular request for a public record. Please respond to this public record request in a singular manner and do not combine this public record request with any other public record requests when responding. I make this request pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119 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 U 19.070)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by § 119.070)(f) of the Florida Statutes. Please take note of 4119.070)(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, ifso, 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)(fl. Florida Statutes. Please provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. Please take note of $119.07(4)(a)3.(d) Florida Statues and if you anticipate that any records exist, the production for inspection of which will require extensive use of information technologies or extensive staff time or both in excess of 15 minutes, then please advise me of the cost you anticipate to be incurred by your agency prior to incurring this cost. Please do not incur any costs on my behalf without first obtaining my written authorization to proceed. If you anticipate the production for inspection of these public records to exceed $1.00 please notify me in advance of you incurring the cost 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. Again, please do not incur any costs on my behalf without first obtaining my written authorization to proceed. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes I respectfully request your prompt reply to this public record request. All responses to this public records request should be made in writing to the following email address: chrisohareeulfstrea m((ugm ail.co m VV- tic 4 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 18, 2015 Chris O'Hare [mail to: chrisohareeulfstream(i�gmail.coml Re: GS #1929 (Public Record Request object d'art illustration at 3560 GS Rd.) Any record related to the property shown in the attached photo regarding "object d'art". Dear Chris O'Hare [mail to: chrisobareeulfstream@,email.coml, The Town of Gulf Stream has received your public records requests dated September 16, 2015. The original public record request can be found at the following link: htto://www2.gulf- stream.orelweblink/0/doc/65561/Pagel.asox. Please refer to the referenced number above with any future correspondence. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, Town Clerk, Custodian of the Records Kelly Avery From: Chris O'Hare <chrisoharegulfstream@gmail.com> Sent: Monday, March 31, 2014 8:27 AM To: Bill Thrasher; Garrett Ward Subject: Complaint 3560 Gulfstream Rd. Attachments: 3560 Gulfstream Rd..JPG Dear Mr. Thrasher and Chief Ward, Attached is a recent photo of a clear violation of Town Code Sec. 70-268. 1 am bringing this violation to your attention because you may have apparently not noticed it in your occasional drives through Gulf Stream. I personally have no objection to the items shown in the attached photo; in fact I think it attractive and the property owner has the right to display it. However, I understand from Mr. Thrasher's recent letter to me and the activities of the police department that these items are prohibited in the Town of Gulf Stream and cause 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. 70-268 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 throughout the Town of Gulf Stream and I have recently photographed many, but not all, of them and sent them to you today under separate emails. I made each complaint separately because I thought having an individual address in the subject line of the email would be convenient for you to reference each time you performed your official duties. Sincerely, Chris O'Hare 2520 Avenue Au Soleil Gulf Stream Town Code: Sec. 70-268. Front yard accoutrements. (a) Preferred. None (b) Discouraged. All (c) Prohibited. Animal yard ornaments, e.g. pink flamingos, ceramic animals visible from the street Lawn jockeys visible from the street Objects d'art visible from the street Statuary visible from the street 6 f Kelly Avery From: Chris O'Hare <chrisoharegulfstream@gmail.com> Sent: Tuesday, January 27, 2015 5:20 PM To: Bill Thrasher; Garrett Ward; scottmorgan75@gmail.com Subject: second complaint - new sign code- Fwd: Complaint 3560 Gulfstream Rd. Attachments: 3560 Gulfstream RdAPG Dear Mr. Thrasher and Chief Ward, I am writing you to complain about a condition that I previously brought to you attention because I believed it was in violation of the Town's code. I now believe this same item is in violation of the Town's recently passed, new sign code because it is too high, mounted to a building and not ever permitted. My previous complaint is forwarded herein for your reference. Please investigate this matter as required by Town Code. Sincerely, Chris O'Hare ---------- Forwarded message ---------- From: Chris O'Hare <chrisoharegulfstreamaa gmail.com> Date: Mon, Mar 31, 2014 at 8:26 AM Subject: Complaint 3560 Gulfstream Rd. To: bthrasher a gulf-stream.org.didthevreadit.com, gward(&gulf-stream.org.didtheyreadit.com Dear Mr. Thrasher and Chief Ward, Attached is a recent photo of a clear violation of Town Code Sec. 70-268. 1 am bringing this violation to your attention because you may have apparently not noticed it in your occasional drives through Gulf Stream. I personally have no objection to the items shown in the attached photo; in fact I think it attractive and the property owner has the right to display it. However, I understand from Mr. Thrasher's recent letter to me and the activities of the police department that these items are prohibited in the Town of Gulf Stream and cause 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. 70-268 and ask you both to act in your officia 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 throughout the Town of Gulf Stream and I have recently photographed many, but not all, of them and sent them to you today under separate emails. I made each complaint separately because I thought having an individual address in the subject line of the email would be convenient for you to reference each time you performed your official duties. Sincerely, Chris O'Hare 2520 Avenue Au Soleil Gulf Stream Town Code: Sec. 70-268. Front yard accoutrements. (a) Preferred. None (b) Discouraged. All (c) Prohibited. Animal yard ornaments, e.g. pink flamingos, ceramic animals visible from the street Lawn jockeys visible from the street Objects d'art visible from the street Statuary visible from the street 2 G i a TOWN OF GULF STREAM COMMISSIONERS SCOTT W. MORGAN, Mayor ROBERT W. GANGER, Vice -Mayor JOAN K. ORTHWEIN THOMAS M. STANLEY DONNA S. WHITE March 26, 2015 Dear Gulf Stream Residents, PALM BEACH COUNTY, FLORIDA Telephone (561)276.5116 Fax (561)737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR In October, I reported that the South phase of our electric underground wiring project was completed. Underground wiring for the two other utilities, telephone and cable, have not yet been completed, and we recently learned that it may take one to two more years for AT&T and Comcast to measure the lines, order the parts and schedule transfer of their lines. While this long timeline is disappointing, it appears to be consistent with the experience of other municipalities, and there is little the Town can do to expedite it. Regarding the North half of the project, FPL has completed its Building Cost Estimate, which is now being reviewed by the Town's Engineer. Once FPL's Cost Estimate is negotiated and finalized, it will serve as the basis of design for contractors to quote the work. Given our previous experience with the South project, we expect the North electric underground wiring to be awarded and completed in 2016. The remaining utility lines with AT&T and Comcast will then take another one to two years to place underground. This means the project will probably not be fully completed until 2018. While again disappointing, the time frame is at least now more realistic. On a related note, the newest streetlight sample was installed last week on Gulfstream Rd. near the police station. The previous two samples were rejected as being the wrong color and then the wrong design. Hopefully, the third time is a charm! Last year, the Town's taxable property value rose by over 14% to $878,000,000.00, which is the largest increase in all of Palm Beach County. This is a wonderful achievement that highlights our Town's uniqueness, and is in my opinion directly related to Gulf Stream's efforts to preserve its understated beauty with tight zoning rules and reasonably controlled development. On another matter of concern to many residents, the Gulf Stream Town Commission recently approved a policy requiring general contractors to be liable for all sub -contractor construction code violations. Now, when sub -contractors violate our noise restrictions, construction parking requirements or start -times, the general contractor who hired them receives the initial warning and then becomes responsible for fines, which escalate on repeated offenses. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 The Commission believes this policy will go a long way toward improving the quality of life for residents living near construction sites. Also, the Town Commission recently passed a new sign ordinance, Section 66-447. Although our prior ordinance worked well and, in my opinion, properly balanced the legitimate need for certain real estate and political signs against the desire to maintain the aesthetics of our neighborhoods, Martin O'Boyle filed a lawsuit in federal court to have the Gulf Stream ordinance declared unconstitutional. On the advice of our lawyers, Gulf Stream changed its sign ordinance to be fully content neutral and uniformly restrictive in placement. This change will primarily affect real estate signs, which had previously been treated differently from other signs because of the importance of sign visibility to our residents when selling their homes. That is no longer the case. Real estate signs will now be required to meet the same restrictions as any other sign, which must be placed at least 10' inside the property line. Not unexpectedly, Christopher O'Hare has used the language in the new sign ordinance to file Complaints against many of our residents. Mr. O'Hare demands the removal of their flags, signs and other decorative items as follows: *American flag at 2665 Avenue au Soleil; *Decorative flag at 201 Lakeview Dr.; *Gulf Stream School's Annual Giving Campaign Sign and its Entrance & Exit signs; *Entrance and Exit signs at the Gulf Stream Golf Course; *the Name Signs for Villa D'Este, The Somerset, Gulfstream Manner, Jamaica Square, and Casa Serena; *All decorations placed near or on the following homes: 3420 Gulf Stream Rd., 2801 N. Ocean Blvd., 2730 Avenue au Soleil, 4221 N. County Rd., 2534 Avenue an Soleil, 3524 Oleander Way, 3560 Gulf Stream Rd., 4448 N. Ocean Blvd., 544 Banyan Rd., 520 Banyan Rd., 3818 Bermuda Ln., 582 Palm Way, 520 Canary Walk, and 2522 Avenue an Soleil. These two residents -Mr. O'Boyle and Mr. O'Hare- have continued their efforts to overwhelm the Town's staff with public records requests and lawsuits. Our attorneys are aggressively handling those cases, despite lawsuits being filed against attorney Sweetapple and our Jones Foster lawyers, Mr. Randolph and Ms. O'Connor. These blatant attempts to intimidate our counsel will not be successful, and we look forward to the day when a court has the opportunity to pass judgment on this misconduct. Along that line, many of you may have heard that Gulf Stream has filed its federal RICO lawsuit against numerous defendants, including O'Hare and O'Boyle. The RICO Complaint is posted on-line at the Town of Gulf Stream's website, along with other pleadings and deposition testimony from some of the other lawsuits. Anyone interested in learning the details of the case should review the pleading on our website. Go to www.gulf-stream.org and click on "I Want To." Scroll down to "Find a Town Record" and select "Legal". The RICO Complaint is under "Town of Gulf Stream." I remain available to help answer any of your questions or to discuss Town issues of importance to you. My home number is 243-1432 and my cell is 573-6006. Very truly yours, ettw- TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 21, 2015 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #1929 (Public Record Request object d'art illustration at 3560 GS Rd) Any record related to the property shown in the attached photo regarding "object d'art". Dear Chris O'Hare [mail to: chrisoharegulfstream(i ,gmail.coml, The Town of Gulf Stream received your original public records request on September 16, 2015. You should be able to view your original request at the following link http://www2.gulf- stream.org/weblink/0/doc/65561/Pagel.asnx. 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 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 21, 2015 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #1929 (Public Record Request object d'art illustration at 3560 GS Rd) Any record related to the property shown in the attached photo regarding "object d'art". Dear Chris O'Hare [mail to: chrisohareeulfstream@,gmail.coml, The Town of Gulf Stream received your original public records request on September 16, 2015. You should be able to view your original request at the following link httn://www2.¢ulf- stream.ore/weblink/0/doc/65561/Paiiel.asnx. 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