HomeMy Public PortalAboutPRR 16-2334Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Monday, October 10, 2016 6:01 PM
To: Bill Thrasher; Rita Taylor; Renee Basel; JOConnor@jonesfoster.com
Subject: Public Record Request - background to Resolution 16-10
Dear Custodian of Records,
I request to inspect certain public records in the custody of the Town of Gulf Stream Florida or in the custody of its agents
or associated entities.
I request to inspect any record the subject of which is wholly or partly related to the creation
of Resolution No.16-10 which is to be considered by the Town Commission as Items IX. D. of
the Town's published Agenda for the upcoming Town meeting scheduled for Friday October
14, 2016.
While I am not statutorily 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 regular meeting and public hearing scheduled to be held by the Town Commission this
next Friday, Oct 14. The production of any and all responsive records is therefore uroent 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 wish 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.
The public records I seek to inspect may be in the custody of an entity currently or previously
associated with, or under contract with, your agency. As a courtesy to you and that entity, and to
assist in expediting my access to inspect records responsive to this request I am notifying the Town
Attorney of this request by copy of this email. I am NOT requesting the Town Attorney produce
responsive records directly to me. Rather I am alerting them to my request to you so that they may
prepare to assist you, if they choose to, in producing responsive records. Do not assume my act of
copying the Town Attorney with this request relieves you of any of your duties under Florida Statute
ask that you contact the Town Attorney in order to obtain all Public records responsive to this
request.
1
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 119.070)(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.
• If records responsive to this request are not presently available but you expect that
they will soon be available I request that you produce the records as soon as they are
available.
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.
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.
*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.
**The phrase Town of Gulf Stream when used herein refers to the Town in its entirety and all entities
of the Town 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.
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
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 12, 2016
Chris O'Hare [mail to: chrisohareeulfstream(7a.gmail.coml
Re: GS #2334 (background to Resolution 16-10)
I request to inspect any record the subject of which is wholly or partly related to the creation of
Resolution No.16-10 which is to be considered by the Town Commission as Items LY. D. of the
Town's publishedAgendafor the upcoming Town meeting scheduled for Friday October 14, 2016.
Dear Chris O'Hare [mail to: chrisoharegulfstreatnAgmail.coml:
The Town of Gulf Stream has received your public records request dated October 10, 2016. The
original public record request can be found at the following link:
hU://www2.gulf-stream.org/weblink/O/doc/102359/Pagel.aspx
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,
141-d R-OWA4,
As requested by Rita Taylor
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 13, 2016
Chris O'Hare [Mail to: chrisoharegulfstreamna,gmail.coml
Re: GS #2334 (background to Resolution 16-10)
I request to inspect any record the subject of which is wholly or partly related to the creation of
Resolution No.16-10 which is to be considered by the Town Commission as Items IX. D. of the
Town's published Agenda for the upcoming Town meeting scheduled for Friday October 14,
2016
Dear Chris O'Hare [Mail to: chrisoharegulfstream(a),gmail.coml,
The Town of Gulf Stream received your public record request on October 10, 2016. Your request
and response can be found at the following link:
http://www2.gulf-stream.org/weblink/O/doc/l 02359/Page l .aspx
We have identified documents that we deem fully responsive to your request. If this is not what
you are seeking then we request clarification before determining whether to provide you
with an estimate for the extensive use of information, technology, resources or extensive
clerical or supervisory assistance as described in Fla. Stat. § 119.07(4)(d). This request for
clarification is done as a courtesy to you to ensure the Town is able to accurately and
promptly provide you with either an estimate, if necessary, or production of the public
records you seek.
Please clarify the above request as indicated and the Town of Gulf Stream will proceed
with fulfilling your request, or providing you an estimate of the cost of production based on
your clarification. If the Town does not receive clarification from you within 30 days, it will
consider this matter closed.
Sincerely,
R"Id Zoo" $wren
As requested by Rita Taylor, Town Clerk
Custodian of the Records
EXPENDITURES
Administration and General
Salaries
Benefits
Postage
Printing
OfficeSupplies
Communication
:Electic
Water
Travel: Per Diem
Building Maintenance
Lawn Maintenance
Insurance
Legal
Engr/ Prof/Code Enforcement/Safe
Accounting/Audit
Dues & Memberships
:Legal Advertising
umer r rans to unaergrounamg
:Delray Permit/Inspectimns-
Town Library
Training
ARPB - Legal
Contra - Water Pond Management: Fees
Capital Outlay
Copy Machine Lease
Operating Supplies - Computer Repairs
Contributions.
Total Administration
9344;592
$372;669
TOWN OF GULF STREAM
155,410
160,464
137,802
4,500
2;460-
General
Fund
PRELIM.
6,500
2;500
FINAL
:2,500
FINAL
ACTUAL
FINAL
ACTUAL
7,325.
FINAL
2016 TO 2017
22,815
REVISED
AS
BUDGET
AS
6,900
BUDGET
BUDGET
16,000
BUDGET
OF
10/1/2015
OF
PROJECTED
10/1/2016
806,462:
1,000,000.
9/30/2015
9/30/2015
9/30/2016
5/31/2016
9/30/2016
9/30/2017
CHANGE
REVENUE
3,500
5,000
-4,007-
5,000-
10,000
2,234
10,000
Property Taxes
$3,426;230
53;407,038-
S4,827,140:
$4;690,517
:. $4,827,140
$4,582,564
(5.67).
Discount on Taxes
(120,000)
(119,581)
(174,750)
(167,173)
(170,000)
(160,500)
(8.15)
-Fines
:1,100.
2;465
1,800
934.
1,500-
-.L;800
0.00.
Permits Zoning
90,000
100,695
90,000
79,215
95,000
90,000
0.00
Permits Florida: Bldg. (Delray)
192;877
0
280;000
317;782
400,000
400;000
42.86`
Business Tax
27,000
25,176
27,000
16,114
27,000
27,000
0.00
Telecommunication Service Tax
69,000
-60,656
59,568
35,577'
60,000-
59,568
0.00>
Fmnch FPL
130,000
169,735
130,000
78,218
130,000
135,000
3.85
Franch. Crus::
3;000
3,947
3,000
2,108
3,900-
3;000
0.00 -
UST -Electric
160,000
181,307
175,000
106,773
180,000
190,000
8.57
.UST --Gas
14,500
23;.121
199000:
17;802:
23,000'
23;000
21 AS
Other (Including Contributions)
15,000
47,529
15jum
24,066
25,000
15,000
0.00
FLGas :Tax Refund
2,500
414
2,500
1,308-.
-2;500
2;500
0.00
Rev. Sharing (FL & Recyle)
20,218
25,266
22,000
15,008
25,000
25,000
13.64
Half Cent Sales Tax :
74;426
-75388
80.110
47,126
80;110
80;110
-0:00.
County Gas Tax
33,017
34,723
33,017
20,270
34,000
349500
4.49
Payments in Lieu of Taxes (4% Water):
39;700
39,700
39;700:
191850.
39,700
39,700
0.611
Solid Waste Services
140,000
138,283
142,000
93,354
142,000
148,000
423
- Int.:Inconre
:4,000
4;341
4;000
.3;209-
4,000
41000
0:00'
Total
$4,322;568
54(220203
-S5,776,085
55,402,058
$5.929,850-.
.55,700;242'
(1..31):
-FUND: BALANCE
Use of Fund Balance
0
0
0
0
671,000
.Total.
0
0
11-.
0
_ 0
......671;000'
Total Rev. and Fund BaL
S4;322,568
54;220,203-
S5,776,085-
:55,402;058.
:55,929;850
S6;37M;242
:10:30.:
EXPENDITURES
Administration and General
Salaries
Benefits
Postage
Printing
OfficeSupplies
Communication
:Electic
Water
Travel: Per Diem
Building Maintenance
Lawn Maintenance
Insurance
Legal
Engr/ Prof/Code Enforcement/Safe
Accounting/Audit
Dues & Memberships
:Legal Advertising
umer r rans to unaergrounamg
:Delray Permit/Inspectimns-
Town Library
Training
ARPB - Legal
Contra - Water Pond Management: Fees
Capital Outlay
Copy Machine Lease
Operating Supplies - Computer Repairs
Contributions.
Total Administration
9344;592
$372;669
5421,775
155,410
160,464
137,802
4,500
2;460-
4,500-
4,500
10,637
6,500
2;500
2,071
:2,500
11,500
8,996
11,500
8,500
7,325.
8,500.
20,000
22,815
20,000
2,000-
2,517
-.2,000
6,900
19,110
6,900
16,000
12,038
'16;000
80,000
63,806
90,000
740,924
806,462:
1,000,000.
879500
89,562
100,000
15,050
11,583-
15;555-
39500
4,749
3,500
5,000
-4,007-
5,000-
10,000
2,234
10,000
192,877
0:
280,000-
2,000
2,000
2,000
4.453
4,453
4,453-
5,500
0
5,500
(75,000)
(75,000)
(90,000)
70,000
0
1109000
-8;400
8,034:
-8,400:
12,019
26,978
16,000
L500
0
11500
1,740,125
1,569,970
2,199,885
Page 1
5234;173
'.5421,775
-.$423;819
110,203
137,802
144,786
.2,669
4,500
4,500
9,704
10,000
6,500
907
2,500
2;500
4,984
10,000
11,500
4,740:
8,500
9,000
15,763
20,000
20,000
3,498--.
3;498
2,000
22,582
23,000
6,900
4,860 <<.
13;000
16,000-
74,443
90,000
90,000
343,023
600,000.
650,000
25,703
90,000
129,000
10,723
13,500
15,555
3,500
4,800
4,500
1,398
4,500'
5,000
2,116
3,000
681,000
317,782
400,000
400,000
2,000
2,000
2,000
4,718
4,453
4;453
0
2,500
5,500
-(45,000)
{90,000)
-(90,000).
40,466
60,000
135,000
5,913
:8,400
:8,400
18,647
22,000
16,000
0........
:1;500
1,219,515
1,869,728
2,705,414
0.48
5.07
0:00,
0.00
0.00%
0.00
5AR
0.00
0.00
0.00
0:00
0.00
(35.00).
29.00
0.00'
28.57
0.00
N/A
42.86
.....0.00
0:00;
0.00
0.00
22.73
0:00;
0.00
0:00
22.98
TOWN OF GULF STREAM
General Fund
:POLICE
Salaries
Benefits
Communication.
Electric
:Printing
Uniforms & Equip.
Legal/Other Professional
Travel Per Diem
Building Maintenance
Vehicle Maintenance
:Uniform Cleaning:
Fuel
Radio: Contract
Office Supplies - Computer Repairs
Crime Prevention
Capital Exp.
Total Police
FIRE
Fire Contract
Maintenance Repair
Total Fire
STREETS
Salaries
Benefits
Maintenance, Repairs 8r. AIA
-Uniforms
Lighting
Communication
Supplies
Rental And Leases.
NPDES
:Capital...
Total Streets
SANITATION
Garbage Collection. (387 SF):
Equipment
Disposal Fees
Total: Sanitation
RESERVES/CONTINGENCY
Transfer To Underground Fit.
510+61 (As of 6/1/16)
TOTAL EXPENSES-
,Build or Reserves
$871,830
5889-,001
$943,631
5571,021
PRELIM.
$1,021,080
FINAL
393,058
FINAL
ACTUAL
FINAL
ACTUAL
FINAL
2016 TO 2017
5;500.
REVISED
AS
BUDGET
AS
BUDGET
BUDGET
3,500
BUDGET
OF
10/1/2015
OF PROJECTED
10/1/2016
14.29
500
9/30/2015
9/30/2015
9/30/2016
5/31/2016 9/30/2016
9/30/2017
CHANGE
Legal -Staff Attorney
4,345
6,500
1,646
4,500
6,500
0.00
-Salaries-
2:441
500-
625-
Low)
87;500
11;00.:
Benefits
0
500
0
500
40,983
0.00
:Postage
2,614
2,600
2,523::
3,600
:500
.0.00
Printing
6,872
7,500
5,084
7,500
500
0.00
Office Supplies
.1,961
3,300
1,443' :.
2,200
500
: 0.00'.
Communication
31,672
559000
20,001
34,000
500
0.00
Training:.
:54,036
:59,303-
54;502
54;502
3,000
2;02-'
Total Legal - Staff Attorney
3,772
4,500
3,522
4,500
133,483
0.00
:POLICE
Salaries
Benefits
Communication.
Electric
:Printing
Uniforms & Equip.
Legal/Other Professional
Travel Per Diem
Building Maintenance
Vehicle Maintenance
:Uniform Cleaning:
Fuel
Radio: Contract
Office Supplies - Computer Repairs
Crime Prevention
Capital Exp.
Total Police
FIRE
Fire Contract
Maintenance Repair
Total Fire
STREETS
Salaries
Benefits
Maintenance, Repairs 8r. AIA
-Uniforms
Lighting
Communication
Supplies
Rental And Leases.
NPDES
:Capital...
Total Streets
SANITATION
Garbage Collection. (387 SF):
Equipment
Disposal Fees
Total: Sanitation
RESERVES/CONTINGENCY
Transfer To Underground Fit.
510+61 (As of 6/1/16)
TOTAL EXPENSES-
,Build or Reserves
$871,830
5889-,001
$943,631
5571,021
3943,631:
$1,021,080
8.21:.
393,058
368,041
405,724
268,828
405,724
433,237
6.78
5;500.
9,962
4;000
1,386-
2;000-
4;000
0.00>.
3,500
2,496
3,500
1,415
2,500
4,000
14.29
500
773
500-
641
750-
:500
0.00>
7,350
4,345
6,500
1,646
4,500
6,500
0.00
0
2:441
500-
625-
Low)
500
11;00.:
500
0
500
0
500
500
0.00
2;600
2,614
2,600
2,523::
3,600
:2;600
.0.00
7,500
6,872
7,500
5,084
7,500
7,500
0.00
3,300
.1,961
3,300
1,443' :.
2,200
3,300
: 0.00'.
55,000
31,672
559000
20,001
34,000
55,000
0.00
584200
:54,036
:59,303-
54;502
54;502
60;500
2;02-'
4,500
3,772
4,500
3,522
4,500
4,500
0.00
2,300
923
2;300
.863'.
1,500
2,300
0.00
89,070
65,246
158,000
1,700
98,000
98,000
(37.97)
$1,504,708
S1,436,155
$19657,358
S935,200
$1,565,407
$1,7049017
2.82
$409,013
409,013
$429,464
286,309
429,624
$450,937
5.00
1;000
1,000
1;000-
:F9000
- 0.00;
$410,013:
409,013
$430,464-
286;309-
430,624
-$451,937
4.99`
61,312
S66,308
63,398
S40,084
S63,398
69,547
9.70
32,710
33:1.83
34-,306-
23,322::
34,306
35,426
3.27`
369150
12,578
36,150
22,750
30,000
36,150
0.00
500
1,092:
500
':594':.
1;000
:500
-0:00
14,000
16,146
13,500
9,830
13,500
14,500
7.41
500
74:
500:
153 :
250
.500
0:00
1,200
2,105
1,200
205
1,200
1,200
0.00
400
:0
400
0-:
400
400
' 0:00'
7,500
5,142
7,500
5,350
7,500
7,500
0.00
202,900
36,655
625,500:
60,903..
-125,000
757,500
21.:10.
$357,172:
$173,283:
S782,955
$163,196
S276,554
$923,223
17:92-<
140,000
138;341
142,000'.
91,734.
142,000
148,000
423
0
0
0
0
0
1;000
0
Looll
:1)
1;000
:1,000
0.00.
$141,000
$198,341
- $143,000
$91,734.
5143,000-
$149,000
4:20
$169,500
:S0
$562,423
S0
50
S437,651
- (22.18):
S4;322,518-.
53;726:762
55;776;085
:S2,695,g34..
S4;285;313
56;371,242
10.30'
$0-
$403,441
so
52,706;104
$1,644,537
$0 -
Page 2
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