Was The City Hiding Public Records?

to: Patrick
In 2007, Dianne Gardner called the City of Port Orange about illegal tree removal at Port Orange Seafood.
The City immediately issued a Stop Work Order and required a clearing permit.
I don’t think one was ever issued, but the work stopped — until Jack Wiles started it back up.
These photos were taken by the City in 2007 — it sure looks like a lot of vines, hanging from a lot of trees.
Didn’t Jack say he was treated just like anybody else? Sounds like he’s been treated better than the former owner.
If the then owner Billy needed a clearing permit and was issued a stop work order,
Why did the now owner Jack not need a clearing permit and not receive a stop work order,
Same land … different owner. Just wonderin

8 thoughts on “Was The City Hiding Public Records?

  • January 9, 2014 at 8:48 am

    I called this in on Billy Wohlhuter because I knew he was at the Seafood Shop and I knew the address was 617 but it was occurring behind my house and Kim’s house too which is abuts 619 Lemon; both parcels were involved and Margaret Momberger shut the action down.
    Please note everyone. We do…well did…have trees. And our city took action that time. She stopped Billy in time.
    Dianne Templeton Gardner

  • January 9, 2014 at 7:46 pm

    Dianne Gardner
    1:49 PM
    to Greg, wclark, Paul, Newton, mroberts, Marian, Margaret, Kim, Kerry, Kelli, fredurq, Drucilla, Drew, Jack, Ted, tburman, wclark, Allen, bford, poimages, patnelan
    Dear Greg and Wayne:
    Attached please find all hard copy paperwork from my complaint to Code Enforcement on 7-3-07 when the city did do its job and stopped illegal cutting of trees on 617 and 619 Lemon Street. The previous owner, Billy Wohlhuter, received a stop work order from the city and he did stop. Pictures enclosed. There had been some destruction by the time CE arrived but it was stopped and the forest behind our homes survived that event until this past August when Jack Wiles/Atlantic Marine Development received very different treatment at the hands of the city. Jack Wiles had the forest cut down in the days between August 8, 13 and September 3, 2013.
    Quotes from the PDF above: CE 07-01185 Infraction date 7-3-07
    Hotline call from Diane Gardner (677-2677 or cell 527-1641) re: clearing and tree removal going on without permit.
    Case type: CC Commercial Code Compliance Case Commercial
    Primary Party: Port Orange Seafood Inc.
    617 Lemon Street
    7/3/2007 Received complaint from Diane Gardner who lives behind Port Orange Seafood stating that owner of this property is clearing out the area behind his business and taking down trees, etc. without permits. Caller was very angry and contacted City manager’s office. I went out as soon as I received word that this was occurring and found clearing taking place and some trees had been taken down (which appeared to have died.) Owner states he is clearing out the area to grow some pepper trees, etc. and he did not know it required a permit. Stop work order placed on property at approximately 11:30 AM. He was told that no more work can be done and that a permit must be obtained. Aaron and myself contacted Ms. Gardner and informed her of the situation.
    07/06/2007 Spoke with planner Penelope Cruz in reference to the zoning of this property, property that is in question is zoned Neighborhood Preservation and may require owner to change zoning. If planting is all that he will be doing though, it will probably not require a change. I also spoke with Margaret Momberger regarding the brush and trees that have been taken down so far. She stated that he is required to get an after the fact permit for the work that has been done. She asked if there was also a buffer behind the property and I stated that there is. I conducted an on site meeting with the owner and explained all of this to him and gave him the number to contact Penelope.
    07/06/07 Was contacted by complainant (Diane Gardner). Called her back and got her voice mail. Left message as to the status of this situation and informed her that she could contact me with any questions she has that I did not answer on my message.
    7/09/07 Faxed over Change of Grade/Land Clearing Application to Tim Herring (attorney) with highlighted area for them to fill out. In addition, spoke with him about drawing of area to be cleared.
    8/31/07 Received certified letter stating that the owner of PO seafood will be filing a claim against the city. Placed letter and photos in file till further notice to proceed.
    I would ask that you gentlemen as City Manager and Community Development Director determine why there was such different treatment of these two individuals, Billy Wholhuter and Jack Wiles/Atlantic Marine Development for the exact same infraction at the exact same address. The area Billy Wholhuter was clearing is the exact same Neighborhood Preservation parcel that was cleared illegally between 8-8-13 and 9-3-13. Also none of these pictures shows any boat storage. Margaret Momberger was concerned that buffers were still in place on 7-3-2007. And properly so. Code required it. Where is that concern now? Also Penelope Cruz was concerned that a zoning change might have been required.
    Also how can long term city employees “tasked” with protection of vegetation and trees like Scott Allman and Margaret Momberger go to a location they have either been by or been on repeatedly in the past number of years and not notice that a forest was missing on September 3rd, 2013.
    Your prompt attention to this please.
    Dianne Templeton Gardner
    618 Ruth Street
    Port Orange, Florida 32127

    • January 10, 2014 at 7:46 am

      These are pictures of the 619 Lemon St. property on August 28, 2013.

      • January 10, 2014 at 7:46 am

        August 28, 2013

  • January 12, 2014 at 12:16 pm

    Wow Dru…. thanks for this most recent post of photos that show so clearly what happened on the formerly forested parcel behind all our homes. It makes me very sad to see these pictures.
    Dianne Templeton Gardner

  • January 18, 2014 at 10:56 pm

    Give up already you bunch of cry babies. Face it you got screwed and there is nothing you can do about it. Your so called forrest is gone bitching and moaning is not going to make new trees.

  • January 19, 2014 at 9:29 am

    People, where were you edumacated? Please check your grammar and your spelling before posting your comment. It’s forest, not forrest. Thank you.


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