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HomeMy Public PortalAboutPRR 16-2352Renee Basel From: Chris O'Hare<chrisoharegulfstream@gmail.com> Sent: Wednesday, October 19, 2016 2:59 PM To: Bill Thrasher; Rita Taylor; Renee Basel; Trey Nazzaro Subject: Public Record Request -water bill - further investigation and determination of error Attachments: 10-19-16 LOU ROEDER OHARE WATER 10_19_16.pdf Dear Custodian of Records, I am in receipt of a letter dated Oct 19, 2016 from Town Manager Thrasher to attorney Lou Roeder which was copied to me by the Town. A copy of the letter is attached to this email for your convenience. In the letter Mr. Thrasher writes, "Upon further review of our earlier investigation the Town has determined that an error has occurred on your client's water bill from the time period of January through May of 2016." I request to inspect all public records* in the custody of the Town of Gulf Stream Florida* or in the custody of its agents or associated entities that are related to the "further review" of the Town's "earlier investigation" mentioned in Mr. Thrasher's letter of Oct 19, 2016 and I also request to inspect all public records* in the custody of the Town of Gulf Stream Florida* or in the custody of its agents or associated entities that are related to the Town's determination that an error has occurred in the water bill mentioned in Mr. Thrasher's letter of Oct 19, 2016. I do not know what records you may have that are responsive to this request but whatever records are responsive, I want to inspect them all. I especially want to inspect the record that contains the error mentioned by Mr. Thrasher in his letter. 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 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 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. 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 119.07(1)(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 Staff Attorney, 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 COMMISSIONERS SCOTT %V. MORGAN, Mayor THOMAS M. STANLEY, lrlc •%layor JOAN IC ORTHWEIN DONNA S. WHITE PAUL A. LYONS, JR. October 19, 2016 Louis L. Roeder Attorney at Law 7414 Sparkling Lake Road Orlando, FL 32819 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Re: O'Hare Water Account No. 1472 for Service at 2520 Avenue Au Soleil Disconnect Notice, dated October 13, 2016 Dear Mr. Roeder: Tdrphom 1561)37&5116 Far 15611737-0I89 Tuxn.%I..Zrr %%ILLI\31 If. THRASHER Tunn Ckrk RITA L.TAYLOR I am responding to your letter emailed to me dated October 18, 2016 concerning the above referenced water account. Since receipt of your letter Mr. O'Hare has requested that all future communication about this matter be directed to you. Upon further review of our earlier investigation the Town has determined that an error has occurred on your client's water bill from the time period of January through May of 2016. The Town will correct the error, credit Mr. O'Hare for the late fee and send you a corrected amount due. The Town hereby rescinds the Disconnect Notice and will reimburse your client for the leak detection fee in the amount of $125..000 as previously requested by your client. William H. Thrasher Town Manager 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 21, 2016 Chris O'Hare [mail to: chrisoharegulfstream(a,email.coml Re: GS #2352 (water bill — further investigation and determination of error) 1 request to inspect all public records * in the custody of the Town of Gulf Stream Florida* or in the custody of its agents or associated entities that are related to the 'further review" of the Town's "earlier investigation" mentioned in Mr. Thrasher's letter of Oct 19, 2016 and I also request to inspect all public records * in the custody of the Town of Gulf Stream Florida* or in the custody of its agents or associated entities that are related to the Town's determination that an error has occurred in the water bill mentioned in Mr. Thrasher's letter of Oct 19, 2016. I do not know what records you may have that are responsive to this request but whatever records are responsive, I want to inspect them all. I especially want to inspect the record that contains the error mentioned by Mr. Thrasher in his letter. Dear Chris O'Hare [chrisoharegulfstrearn( .gmail.coml: The Town of Gulf Stream has received your original record requests dated October 19, 2016. Your original public records request and response to your request can be found at the following link: htty://www2.gulf-stream.org/weblink/O/doc/I03162/Page l .asox We have also attached the responsive records for your convenience. We consider this request closed. 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