HomeMy Public PortalAboutPRR 16-2087Kelly Avery
From: Chris O'Hare<chrisoharegulfstream@gmail.com>
Sent: Sunday, January 10, 2016 7:30 PM
To: Bill Thrasher; Rita Taylor
Subject: Follow up and Fwd: Public Record Request - vehicle parking at Town Hall
Attachments: Lawn&Gardens of Palm Beach-GSjpg; Comm. Vehicles on Town Hall Prop. Jan 10,
2016.jpg
Dear Custodian of Records,
You may recall that during the Public Comment portion of the January 2016 Town Commission public meeting
I asked Mayor Morgan, as chairman of the Commission, whether the Commission would allow me to park my
commercial vehicles on Town Hall property. I admitted to him that I knew it is his custom not to answer any of
the questions I put to him during this portion of past of meetings but I had hoped that since the Town Manager
has chosen not to respond to my inquiries on the subject perhaps the Mayor would answer me this one time.
Alas, he would not. Therefore I am again asking the Town Manager, by copy of this email, if he can please
inform me of the procedure for applying for permission to park my commercial vehicles on Town Hall property
similar to the way Lawns & Gardens of Palm Beach parks their vehicles. For reference, please see the attached
photo which I took today. This picture shows two dump trucks, two box trailers and a boom type truck parked
next to the Town's fuel tanks on Town Hall property.
Forwarded herein for your reference is a public record request I made to you on December 20th, 2015. May I
hear from you soon about when these records will be available for my inspection?
Sincerely,
Chris O'Hare
From: Chris O'Hare<chrisoharet>ulfstream(c�amail.com>
Date: Sun, Dec 20, 2015 at 7:26 PM
Subject: Public Record Request - vehicle parking at Town Hall
To: bthrasher(&gulf-stream.org.didtheyreadit.com
gulf-stream.ora.didthevreadit.com
Dear Custodian of Records,
For a long time now I have seen commercial trucks repeatedly parked overnight and on weekends
and at other times on Town Hall property in apparent violation of Ordinance 14/1. As you know, by
this ordinance the legislative body of our town created a new chapter 31 in the Town's Code of
Ordinances which relates to parking regulations for all vehicles parked on Town Hall property. Section
31-1 specifically states:
It shall be unlawful and a violation of Town Code to leave any vehicle of any kind unattended,ap rked.
standing or stopped in the Town Hall parking lot or on Town Hall property located at 100 Sea Road,
Gulf Stream, Florida... between the hours of 7:00 p.m. and 7:00 a.m. of any day.
Section 31-1 goes on to exempt vehicles of Town employees or invited guests but only if they are
conducting business within Town Hall or the Police Department between the hours of 7:00 p.m. and
7:00 a.m.
The Town Commission adopted very clear language in regard to the parking restrictions they wished
to be enforced. The Commission did not provide any opportunity for any waiver or deviation from this
regulation. Indeed the Commission went on to adopt penalties to insure its enforcement. I refer you to
Sec. 31-5 of the Town Code which mandates severe penalties and code enforcement consequences
for violators of this chapter.
Having participated in the public meeting where this ordinance was adopted and having heard the
statements made in support of its adoption by the Mayor, the Town Manager and the Town Attorney
you can imagine my surprise and shock when I discovered that anyone actually had the audacity to
violate this ordinance. The very effrontery of these apparent scofflaw's unlawful actions fills me with a
mixture of disappointment and anger. I am disappointed in the lack of concern for our laws exhibited
by certain elements of our species and angry that our small Town must once again dip into its meager
budget to protect itself and its citizenry from the barbaric behavior of these elements.
The drivers of these vehicles may also be in violation of Ordinance 15/1, the language of which I am
sure you know so well that any reference to its details would likely be a waste of your time. It seems
especially egregious to me that this Ordinance was designed to chill Martin O'Boyle's political speech
at the detriment of the beach going public and now here comes this apparent "sopra della
legge" without so much as a "by your leave" using public property to promote their commercial
speech.
Since this violation appears to be repeated over and over by a band of conspirator drivers acting in
organized fashion, no doubt at the behest and direction of a mastermind, perhaps a RICO action
against these suspected lawbreakers is in order.
Since I can only assume you have not personally witnessed these acts of apparent unlawful use of
public property, I have attached a photo taken today for your reference. I caution you before you open
the attachment, the apparent depravity illustrated in the photo may shock and disgust you.
Of course if the Town has given these people permission to park their vehicles on Town Hall property
then I recant my above statements, apologize to these people for my misunderstanding and make the
following public record requests to you:
The most recent agreement between the Town and any other entity which provides for that
entity to park commercial vehicles on Town property, specifically the lot identified in Palm
Beach County records as PCN 20434534140000020 and known locally as both Gulf Stream
Town Hall and 100 Sea Road.
The most recent payment to the Town made in exchange for the right to park commercial
vehicles on Town property.
F
The most recent payment made to any individual in exchange for the right to park commercial
vehicles on Town property.
The record of the Town Commission instructing the Town Manager and/or Chief of Police to
only enforce Ordinance 14/1 and/or 15/1 against certain citizens and to exempt others from the
same enforcement.
Any application for, and fee schedule for, parking vehicles overnight on Town Hall property.
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 to this request.
Before making this public record request, I first searched the public records portion of your agency's
website hoping I could locate the public record I seek without having to trouble you for it.
Unfortunately I can not find the records I wish to examine.
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 6119.07(1)(e) of the Florida
Statutes and state in writing and with particularity the basis for your conclusions as required
by 4119.07(1)(f) of the Florida Statutes.
Please take note of §119.07(1)(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.
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. 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 provide those records that can be produced within the first 15 minutes
and advise me of the cost you anticipate to be incurred by your agency for the remaining records 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 need to incur any costs that I would be statutorily required to pay in order to
inspect these public records which would exceed $1.00 please notify me in advance of your incurring
that 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.
All responses to this public records request should be made in writing to the following email address:
chrisoharegulfstream(cDgmail.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
January 12, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2087 (vehicle parking at Town Hall), 2088 (no metal roofs)
(1) The most recent agreement between the Town and any other entity which provides for that
entity to park commercial vehicles on Town property, specifically the lot identified in Palm Beach
County records as PCN 20434534140000020 and known locally as both Gttlf Stream Town Hall
and 100 Sea Road.
(2) The most recent payment to the Town made in exchange for the right to park commercial
vehicles on Town property.
(3) The most recent payment made to any individual in exchange for the right to park commercial
vehicles on Town property.
(4) The record of the Town Commission instnicting the Town Manager and/or Chief of Police to
only enforce Ordinance 1411 and/or 1511 against certain citizens and to exempt others from the
same enforcement.
(5) Any application for, and fee schedule for, parking vehicles overnight on Town Hall property.
The most recent communication from Scott Morgan related to proposed changes to the Town's
zoning code where Morgan writes "no metal roofs, no metal roofs, no metal roofs", or something
similar.
Dear Chris O'Hare [mail to: chrisoharegulfstreamAgmail.cowl,
The Town of Gulf Stream has received your public records requests dated January 10, 2016. The
original public record requests can be found at the following links: htty://www2.gulf-
stream.ore/weblink/O/doc/75796/Pagel.asox and h—q://www2.gulf-
stream.org/weblink/0/doc/75798/Pagel.asi)x. Please refer to the referenced number above with
any future correspondence.
The Town of Gulf Stream is currently working on a large number of incoming public records
requests. 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
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
January 12, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS # 2087 (vehicle parking at Town Hall)
(1) The most recent agreement between the Town and any other entity which provides for that
entity to park commercial vehicles on Town property, specifically the lot identified in Palm
Beach County records as PCN 10434534140000010 and known locally as both Gulf Stream
Town Hall and 100 Sea Road.
(1) The most recent payment to the Town made in exchange for the right to park commercial
vehicles on Town property.
(3) The most recent payment made to any individual in exchange for the right to park
commercial vehicles on Town property.
(4) The record of the Town Commission instructing the Town Manager and/or Chief of Police to
only enforce Ordinance 1411 and/or 1511 against certain citizens and to exempt others from the
same enforcement.
(5) Any application for, and fee schedule for, parking vehicles overnight on Town Hall property.
Dear Chris O'Hare [mail to: chrisohareeulfstreamCa,,cmail.coml,
The Town of Gulf Stream has received your record request dated January 10, 2016. Your
original public records request can be found at the following link h!tp://www2.gulf-
stream.ore/weblink/O/doc/75796/Pagel.asox. Please refer to the referenced number above with
any future correspondence.
There are no public records responsive to your request.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records