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HomeMy Public PortalAboutPRR 16-2309Renee Basel From: Sent: To: Subject: Attachments: Dear Custodian of Records, Chris O'Hare <chrisoharegulfstream@gmail.com> Monday, September 5, 2016 9:14 PM Bill Thrasher, Rita Taylor; Renee Basel Public Record Request - 3300 Polo Dr. - inactive permit Itr 3300 Polo Drive - inactive permit - Seawall Letter.pdf This email is being sent to multiple recipients in the hope that it reaches the Custodian of Records for your agency. I request to inspect certain public records related to the Town of Gulf Stream Florida. While I am not obligated to explain why I want to inspect these records, I tell you it is for the purpose of informing myself of the historic and current workings of the Town of Gulf Stream and its associated entities, vendors, consultants, advisers, contractors and agents. The records I wish to inspect may also be material to current, anticipated or presently unforeseen legal action. In addition, inspection of these records may be essential to my ability to make informed comments in an upcoming public hearing. The production of any and all responsive records is therefore urgent and must be acted upon in compliance with Florida Statutes and established case law as soon as possible. Before making this public record request, I first searched online and in the public records portion of your agency's website hoping I could locate the public records I seek without having to write you directly. Unfortunately I cannot find the records I request to inspect. Therefore I am writing you now and requesting you make every effort as required by law to produce these public records without delay. I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes. I ask that you take the following action: • Read this entire request carefully and respond accordingly. • If you are not the custodian of the public records described herein please determine who that person is and notify me immediately in order that I may make this request to the appropriate person without delay. • Reference Florida Statutes and appropriate case law when responding to this record request. • Do NOT produce any records other than records responsive to this request. • Identify by name the person or persons responding to this request if that person is not the Custodian of Records for your agency as required by 119.07(11(b). Respond to this public record request in a singular manner and do not combine this request with any other public record requests when responding to this request. Once you have determined that you do or don't have any records in your custody responsive to this request, immediately act to obtain any responsive records that may be in the custody of your contractor(s) or other parties. 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. As background to this request I call your attention to the attached letter to the Town Clerk from Mr. Joel Strong dated February 2, 2016 and regarding 3300 Polo Drive Permit Number B89019122. I request to inspect any record of a response or follow up to Mr. Strawn's letter. I ask you to 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 and entity in possession of records that may be responsive to this public records request, including individuals and entities under contract with your agency, to preserve and produce all responsive records on an immediate basis. 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. Produce for my inspection all responsive records and ONLY redact that portion of the record that you consider exempt. To be clear, if you consider an entire record to be exempt, produce that record in its entirety with all portions redacted that you consider exempt. I specifically ask you to do this in order that I may inspect fully redacted records for the purpose of challenging a particular redaction or establishing a reference for a future request of a record that is only temporarily exempt, as in the case of a public record that was prepared by an agency attorney exclusively for litigation and is only exempt from disclosure until the conclusion of the litigation. If the public records being sought are maintained by your agency or contactors for 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. Again I ask that you 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 produce only a portion of all existing responsive records, please tell me that your response includes only a portion of all existing records responsive to this request. 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. The phrase Town of Gulf Stream when used herein refers to the Town in its entirety including all employees, appointees, officials, assignees, counsel and consultants including Town Manager, Town Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town Departments, Town Police Officers, Town Employees, Town Engineer, the law firm (Jones Foster Johnston & Stubbs P.A.) that claims to be the Town Attorney including all attorney, partner and employee members of that firm; the Town Counsel of Sweetapple, Broeker & Varkus including all attorney, partner and employee members of that firm, the Town Counsel of Richman Greer, P.A. including all attorney, partner and employee members of that firm and any other entity associated with the Town and subject to public records law. The term public records, as used herein, has the same meaning and scope as the definition of Public records adopted by the Florida Legislature as Statutes Chapter 119. A record that does not exist because of its disposition requires the creation of a disposition record. In all instances where you determine a record does not exist please determine if the record once existed and in its replacement provide the disposition record for my inspection. If you do not understand any part of this request or if you need clarification about this request, notify me as soon as possible so I may further describe or clarify this request. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream@gmail.com 3 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 9, 2016 Chris O'Hare [mail to: chrisoharegulfstream(&gmail.coml Re: GS #2309 (3300 Polo Dri. — inactive permit ltr) As background to this request I call your attention to the attached letter to the Town Clerkfrom Mr. Joel Strong dated February 2, 2016 and regarding 3300 Polo Drive Permit Number B89019122. I request to inspect any record of a response or follow up to Mr. Strawn's letter. Dear Chris O'Hare [mail to: chrisoharegulfstream(agmail.coml, The Town of Gulf Stream has received your public records request dated September 5, 2016. The original public record request can be found at the following link: httr)://www2.gulf-stream.org/weblink/O/doe/I01966/Pagel.asi)x Please be advised that 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, Rene6 Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 20, 2016 Chris O'Hare [mail to: chrisohareeulfstream(cbgmail.com] Re: GS #2309 (3300 Polo Drive — inactive permit — Seawall Letter) As background to this request I call your attention to the attached letter to the Town Clerkfrom M'. Joel Strong dated Februmy 2, 2016 and regarding 3300 Polo Drive Permit Number B89019122. I request to inspect any record of a response or follow up to Mr. Strawn's letter. Dear Chris O'Hare[chrisohareeulfstream(a)email.coml: The Town of Gulf Stream has received your original record requests dated September 5, 2016. Your original public records request and response to your request can be found at the following link: httn://www2.gulf-stream.ore/weblink/O/doc/101966/Page] asnx We have also attached the responsive records per your request. We consider this request closed. Sincerely, Si r 4tl•.d I ZatV" As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From: Bill Thrasher Sent: Thursday, October 20, 2016 4:00 PM To: Renee Basel Subject: FW: 3300 Polo Drive, Gulf Stream From: Bill Thrasher Sent: Wednesday, February 3, 2016 5:03 PM To: Kraemer, William <kraemer@mydelraybeach.com> Subject: RE: 3300 Polo Drive, Gulf Stream Thanks Bill. Do I send this to the county or did you? Sent I}om nro Verizon AVtic less 4G 1 1 I marlphonc -------- Original message -------- From: "Kraemer, William" <kraemeramvdelraybeach.com> Date: 02/03/2016 4:41 PM (GMT -05:00) To: 'Candace Friis' <candacefriis(cdemail.com>, Bill Thrasher <bthrasheragulf-stream.org> Cc: "'pharris@smclawfirm.com"' <pharris(@,smclawfirm.com>, "'jstrawn@smclawfirm.com"' <istrawn @,smclawfirm.com> Subject: RE: 3300 Polo Drive, Gulf Stream Please see attached. wdfiant Xuwntet Plan Reviewer/Chief Building Official City of Delray Beach FL Community Improvement 100 NW IST Ave. Delray Beach FL 33444 561-243-7200 PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Tobias, Steve Sent: Thursday, January 28, 2016 1:09 PM To: Kraemer, William Cc: 'pharris@smclawfirm.com'; 'jstrawn@smclawfirm.com' Subject: FW: 3300 Polo Drive, Gulf Stream Patricia, I will forward all the information to the Acting Building Official, Bill Kraemer for his response. Thank you From: Patricia Harris[mailto:oharrisCalsmclawfirm.coml Sent: Thursday, January 28, 2016 11:56 AM To: Tobias, Steve Cc: Joel T. Strawn; Patricia Harris Subject: 3300 Polo Drive, Gulf Stream Dear Mr. Tobias. I attach correspondence from Mr. Strawn regarding the captioned property. If you have any questions regarding same, please contact Mr. Strawn directly either by phone at 561-278-9400 or email at istrawnPsmclawfirm.com. Thank you. Patricia E. Harris, CLA Law Office of Joel T. Strawn, P.A. 54 Northeast Fourth Avenue Delray Beach, FL 33483-4558 561-278-9400 (Ext. 117) 561-278-9462 (fax) Pha rrisCeDsmclawfi rm.com This message contains confidential information and is intended only for the intended recipient. If you are not the intended recipient, you should not disseminate, distribute or copy this email. Please notify oharris0smclawfirm.com immediately by email if you have received this e-mail by mistake and delete this email from your system. E-mail transmission cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The Law Office of Joel T. Strawn, P.A. therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required, please request a hard -copy version. Renee Basel From: Bill Thrasher Sent: Thursday, October 20, 2016 4:01 PM To: Renee Basel Subject: FW: 3300 Polo Drive, Gulf Stream Attachments: 201602031638.pdf From: Kraemer, William [mailto:kraemer@mydelraybeach.comj Sent: Wednesday, February 3, 20164:42 PM To: 'Candace Friis' <candacefriis@gmail.com>; Bill Thrasher <bthrasher@gulf-stream.org> Cc: 'pharris@smclawfirm.com' <pharris@smclawfirm.com>; 'jstrawn@smclawfirm.com' <jstrawn@smclawfirm.com> Subject: RE: 3300 Polo Drive, Gulf Stream Please see attached. WiPfittnt Xtaenwy Plan Reviewer/Chief Building Official City of Delray Beach FL Community Improvement 100 NW IST Ave. Delray Beach FL 33444 561-243-7200 PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Tobias, Steve Sent: Thursday, January 28, 2016 1:09 PM To: Kraemer, William Cc: 'pharris@smclawfirm.com'; 'jstrawn@smclawfirm.com' Subject: FW: 3300 Polo Drive, Gulf Stream Patricia, I will forward all the information to the Acting Building Official, Bill Kraemer for his response. Thank you From: Patricia Harris[mailto:pharris(&smclawfirm.coml Sent: Thursday, January 28, 2016 11:56 AM To: Tobias, Steve Cc: Joel T. Strawn; Patricia Harris Subject: 3300 Polo Drive, Gulf Stream Dear Mr. Tobias. I attach correspondence from Mr. Strawn regarding the captioned property. If you have any questions regarding same, please contact Mr. Strawn directly either by phone at 561-278-9400 or email at a strawnPsmclawfirm.com. Thank you. Patricia E. Harris, CLA Law Office of Joel T. Strawn, P.A. 54 Northeast Fourth Avenue Delray Beach, FL 33483-4558 561-278-9400 (Ext. 117) 561-278-9462 (fax) Pharris@smclawfirm.com This message contains confidential information and is intended only for the intended recipient. If you are not the intended recipient, you should not disseminate, distribute or copy this email. Please notify Pharrist@smclawfirm.com immediately by email if you have received this e-mail by mistake and delete this email from your system. E-mail transmission cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The Law Office of Joel T. Strawn, P.A. therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required, please request a hard -copy version. DELRAY BEACH bftd All -America City '1II1' 1993 2001 I Feb 3, 2016 RE: 3300 Polo Dr., Gulfstream FL To Whom It May Concern: As the permitting authority for the Town of Gulfstream we were presented with an expired permit for the aforementioned address which originated with Palm Beach County. According to Palm Beach County, this permit never received inspections under their jurisdiction and therefore remains open. The permit tf in Question is B89-019122 Seawall or Bulkhead. I have received the supporting documentation as Issued Permits and Inspections status report from Palm Beach County. From my visit to the site 2-3-16, 1 can verify that the seawall cap, bulkhead and batter piles are complete. Due to the age of the structure I can attest only to the fact that the work is complete and not to the veracity of the work according to the code at the time of construction. As per direction given in the past from Palm Beach County, we are submitting this letter that work has been verified with the hope this will rectify the open permits in that jurisdiction. Since ely William Kraemer Chief Building Official Delray Beach Florida 1s B Renee Basel From: Sent: To: Subject: Attachments: From: Bill Thrasher Bill Thrasher Thursday, October 20, 2016 4:01 PM Renee Basel FW: 3300 Polo Drive Image_20160202_155805.pdf Sent: Tuesday, February 2, 2016 5:34 PM To: Rita Taylor <RTaylor@gulf-stream.org> Subject: Fwd: 3300 Polo Drive Sent from my Verizon Wireless 4G LTC- smartphone ---- --- Original message -------- From: "Joel T. Strawn" <jstrawnt7asmclawfirm.com> Date: 02/02/2016 4:43 PM (GMT -05:00) To: Bill Thrasher <bthrasher(u),gulf-),gulf Subject: 3300 Polo Drive Bill: Two things: 1. Candace asked me to send the attached self explanatory letter to Rita for purposes of their meeting tomorrow; 2. Also, pursuant to our conversation and your request, please accept this as the authority for the inspector to go on the property for purposes of closing doing the necessary inspection involved in closing the old PBC permit that is attached to the foregoing letter. If you need anything else, please let me know. As an aside, Bill, as the Town Manager, I truly hope that Gulf Stream, Delray and PBC can develop a sensible, abbreviated procedure for closing these old permits that arose during the period that PBC had the contract for doing the Gulf Stream building inspection. It is frankly unconscionable the amount of time that Candace His and I have spent in trying to finalize a 27 year old permit!! Place yourself in our position in trying to explain the "necessity" of going through this extended process to a new member of the Gulf Stream community. This is the second time that Candace and I have had to go through this and something has to be done!! Thanks, Joel Law Offices 54 Northeast Fourth Avenue Delray Beach, Florida 33483-4558 Phone: 561-278-9400 Facsimile: 561-278-9462 February 2, 2016 via: Facsimile: 737.0188 Rita L. Taylor Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: 3300 Polo Drive Dear Rita: I enclose here a copy of an "inactive" permit for seawall or bulkhead repair issued for the captioned property and indexed on the Palm Beach County Building and Zoning Department website as Permit Number B89019122. In our quest to resolve this impediment to our client purchasing the property, we have been in touch with several officials in the Building and Zoning Departments at the County and for Delray, Candice Friis told me this afternoon that she has been told that the County will close the permit upon receipt of a letter from Gulf Stream indicating that they have no objection to the close out of the permit. We would greatly appreciate it if you generate a letter from Gulf Stream indicating that the Town has no objection to the close out of the 27 year old "inactive" permit. Very truly your , oel T. Strawn Enclosure cc: Mr. and Mrs. David Given K \JTS FllesUTSClients\Given, Cameron and DaviMl-etter to Rita Taylor re open permit.wpd a Permit Into jun' Ins ec on '"s ddl0a o lnlp://www.pl)cgov.corn/cpzb_buildinglasp_ttmlBl_View hlist Perq. Historical Permit Information -Permit Details Permit: 889019122 PR: Master: Status: Inactive Desc: 4141 Seawall or Bulkhead Further Desc: SEA WALL Application: Issue: 07/2011080 Action: RenovallonlRepah of Building/Structure Class: Single Family PCN: 00,13.46-00-00-0000000 City: 20-GultStream Plan Type: e LPCN: Units: 0 Sub: Void Status: Sign Tag: Sign Desc: -Address Project: 07000.018 [Polo Covo] Book/Pago: 0241073 Control: 0000-00000 Address Bay/Suito Address Comments 3300 Polo Dr -Permit info Completed: Temp CO Expires: Canceled: Renewal: Nbr of Renewals: 0 Inactive: 00/1011090 Inactive Llr: Expired: 0111111981 -Owner Owner Name Address city Stale Zip Country Home Phone Work Phone GULPSTREAM-WILCOX, MARY -Contractor CGC000839 Edward H Home Phone: Work Phone: 954421-2321 Bk Marine Construction Contractor: Inc 2010 Ne 391h Ct Ughthouse Point, FI 33004 Est. Value: Grass: 0 Bedrooms: Zoning: RS BA Number: Septic: Permit Comments: Entared 9y: Systam, Eprb Value: S 12,000.00 Net: Comm Dist: Flood Zone: SP Number: Sewer: Fare Share Zone: Fare Share Receipt: Wj TE U,theI_q'9P :'i. On: 1217/2009 Fee: $220 Fin Floor: Insp Area: 008 Plan Code: Overlay: SWA: Fare Sham Fees: Fare Share Check Num: changer! 9y: On: 1 of I 1/23/2016 9:46 AM I-Iistorical Inspection Information htip://www.pbcgov.com/cpzb_bu ilding/asp_html/BI_View_H ist_lns... Historical Inspection Information Permit: 889019122 PR: (4141 -Seawall ar Bulkhead)- Inactiva No data found I of]. 11232016 9:46 AM Renee Basel From: Bill Thrasher Sent: Thursday, October 20, 2016 4:01 PM To: Renee Basel Subject: FW: 3300 Polo Drive From: Kraemer, William [mailto:kraemer@mydelraybeach.comj Sent: Tuesday, February 2, 2016 4:55 PM To: Bill Thrasher <bthrasher@gulf-stream.org> Subject: RE: 3300 Polo Drive Thx I have this. Wieeicun X4aem n Plan Reviewer/Chief Building Official City of Delray Beach FL Community Improvement 100 NW 1ST Ave. Delray Beach FL 33444 561-243-7200 PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Bill Thrasher [mailto:bthrashercagulf-stream.orol Sent: Tuesday, February 02, 2016 4:47 PM To: Kraemer, William Subject: Fwd: 3300 Polo Drive Sent IFom nrq Verizon Wirrlcs, 46 Ll 1- smurlphunc -------- Original message -------- From: "Joel T. Strawn" <istrawn cr,smclawfirm.com> Date: 02/02/2016 4:43 PM (GMT -05:00) To: Bill Thrasher <bthrasheraa gulf-stream.org> Subject: 3300 Polo Drive Bill: Two things: 1. Candace asked me to send the attached self explanatory letter to Rita for purposes of their meeting tomorrow; 2. Also, pursuant to our conversation and your request, please accept this as the authority for the inspector to go on the property for purposes of closing doing the necessary inspection involved in closing the old PBC permit that is attached to the foregoing letter. If you need anything else, please let me know. As an aside, Bill, as the Town Manager, I truly hope that Gulf Stream, Delray and PBC can develop a sensible, abbreviated procedure for closing these old permits that arose during the period that PBC had the contract for doing the Gulf Stream building inspection. It is frankly unconscionable the amount of time that Candace Friis and I have spent in trying to finalize a 27 year old permit!! Place yourself in our position in trying to explain the "necessity" of going through this extended process to a new member of the Gulf Stream community. This is the second time that Candace and I have had to go through this and something has to be done!! Thanks, Joel Renee Basel From: Sent: To: Subject: Attachments: From: Bill Thrasher Bill Thrasher Thursday, October 20, 2016 4:01 PM Renee Basel FW: 3300 Polo Drive Image_20160202_155805.pdf Sent: Tuesday, February 2, 2016 4:47 PM To: kraemer@mydelraybeach.com Subject: Fwd: 3300 Polo Drive Sent from my Verizon Wireless 4G LT[ smartphone -------- Original message -------- From: "Joel T. Strawn" <istrawnna,smclawfirm.com> Date: 02/02/2016 4:43 PM (GMT -05:00) To: Bill Thrasher <bthrasherCc Gulf-stream.ore> Subject: 3300 Polo Drive Bill: Two things: 1. Candace asked me to send the attached self explanatory letter to Rita for purposes of their meeting tomorrow; 2. Also, pursuant to our conversation and your request, please accept this as the authority for the inspector to go on the property for purposes of closing doing the necessary inspection involved in closing the old PBC permit that is attached to the foregoing letter. If you need anything else, please let me know. As an aside, Bill, as the Town Manager, I truly hope that Gulf Stream, Delray and PBC can develop a sensible, abbreviated procedure for closing these old permits that arose during the period that PBC had the contract for doing the Gulf Stream building inspection. It is frankly unconscionable the amount of time that Candace Friis and I have spent in trying to finalize a 27 year old permit! 1 Place yourself in our position in trying to explain the "necessity" of going through this extended process to a new member of the Gulf Stream community. This is the second time that Candace and I have had to go through this and something has to be done!! Thanks, Joel