HomeMy Public PortalAboutPRR 16-2362Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Monday, October 24, 2016 6:23 AM
To: Bill Thrasher; Rita Taylor; Renee Basel
Subject: Public Record Request - object d' art or seasonal holiday decorations communication
Dear Custodian of Records,
I request to inspect any public record* of communication sent or received by the Town of Gulf
Stream" that contains the phrase "object d'art" or "seasonal holiday decorations" that was
created in 2015.
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.
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.
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.
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. Due to issues of delivery
failure and occasional rejection by your server this email is being sent to multiple recipients to insure
prompt delivery.
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
October 27, 2016
Chris O'Hare [mail to: chrisoharegulfstream(iD mail.coml
Re: GS #2362 (object d'art or seasonal holiday decorations communication)
1 request to inspect any public record* of communication sent or received by the Town of Gulf
Stream** that contains the phrase "object d'art" or "seasonal holidav decorations" that was
created in 2015.
Dear Chris O'Hare [mail to: chrisoharegulfstream(a gmail.coml:
The Town of Gulf Stream has received your public records requests dated October 24, 2016. The
original public records request can be found at the following link:
http://www2.gulf-stream.org/weblink/O/doc/I 03244/Pagel.asox
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, Sip
As requested by Rita Taylor
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via a -mail
November 21, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2362 (object d'art or seasonal holiday decorations communication)
1 request to inspect any public record* ofcommunication sent or received by the Town of Gulf
Stream** that contains the phrase "object d'art" or "seasonal holiday decorations" that was
created in 2015.
Dear Chris O'Hare [mail to: chrisoharegulfstreamPgmail.coml,
The Town of Gulf Stream has received your public records request dated October 24, 2016. You
should be able to view your original requests at the following link:
htti)://www2.gulf-stream.org/weblink/O/doc/103244/Pagel.ast)x
You have asked that the Town only provide those records that do not require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes and that the
Town provide an estimate of the cost that would be required to fulfill the request as permitted by
the Public Records Act. To that end, the Town has spent at least 15 minutes on your request and
is providing with you with a partial response at the same link above.
The Town estimates that to fully respond to your request will require an additional half hour of
IT support at $95.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat.
§ 119.07(4)(d).
(1/2 hour @ 95.00 = $47.50) = Deposit Due: $47.50
If the costs of producing these documents will exceed your deposit, the Town will provide you
with an initial production of responsive records and an estimate for the production of any
additional responsive records. If the costs of production are less than the deposit, the Town will
provide you with the responsive records and a refund.
Upon receipt of your deposit, the Town will use its very best efforts to further respond to your
public records request in a reasonable amount of time. If we do not hear back from you within
30 days of this letter, we will consider this closed.
Sincerelyy,, 3"
"e
As requested by Rita Taylor
Town Clerk, Custodian of the Records
Renee Basel
From: Chris O'Hare<chrisoharegulfstream@gmail.com>
Sent: Sunday, September 27, 2015 10:14 PM
To: Bill Thrasher
Subject: Follow up to your letter RE: Email 9/16 and follow up email 9/21/15 - displaying political
speech.
Attachments: Thrasher Itr of 9-23-15 jpg jpg; art violation letter lof 8.pdf; 3560 Gulfstream Rd.
ARTJPG; 3259 Polo Drive ARTJPG; 544 palm way ARTJPG; 3244 N Ocean Blvd ARTJPG;
Christmas ArtJPG
Mr. Thrasher,
I am writing you in response to your letter to me of September 23 , RE: Email 9/16 and follow un email 9/21/15
- displaying political speech (attached for your reference).
You may recall I wrote you on September 16th and asked you, "Now that the Town Commission no longerprohibits the
display of "Objects d'Art"may I again display these items without threat ofcode enforcement?" Having not received an answer I again wrote
you a week later on September 23rd to ask you if I may expect an answer soon.
You wrote in the above reference letter that you understood my inquire to relate to the placement of a sign or signs on my property and you
kindly offered to further advise me if my request relates to the placement ofobjects other than signs.
I remind you that your letter of January 23, 2014 described these objects as a display ofart in my yard (attached for your reference).
I am therefore writing you to clarify my question so you may more accurately advise me.
May I display objects on my property identical to the objects shown in the attached photos without threat of code enforcement?
The photos attached for your consideration are labeled:
3560 Gulfstream Rd. ART.JPG
3259 Polo Drive ARTJPG
544 palm way ART.JPG
3244 N Ocean Blvd ART.JPG
Christmas Art.JPG
If some of the objects shown in the attached photos are allowed and some are not allowed would you be so kind as to distinguish which
objects are prohibited and the procedure required to obtain permission from the Town to display those objects without threat of code
enforcement?
Thank you for your continued response to my inquiry.
Chris O'Hare
COMMISSIONERS
JOAN K. ORTHWEIN, Mayor
THOMAS M. STANLEY, Vice Mayor
MURIEL J. ANDERSON
W. GARRER OERING
ROBERT W. GANGER
TOWN CF GULF STREAM
PALM BEACH COUNTY, FLORIDA
NOTICE OF VIOLATION
January 23, 2014
Christopher F. & Shelley O'Hare
2520 Avenue Au Soleil
Gulf Stream, FL 33483
Dear Mr. & Mrs. O'Hare:
Telephone
(561( 2765716
Fax
(561( 737-0169
Town Manager
WILLIAM H. THRASHER
Town Clark
RITA L. TAYLOR
Hand Delivery
Article No. 179
It has come to our attention that you have a display of art
in your yard at 2520 Avenue Au Soleil in violation of Section
70-268 (c) of the Code of Ordinances of the Town of Gulf Stream.
A copy of this Section is enclosed for your review.
This is to be considered official notice to correct this violation
within two (2) days by removing the display of art. Failing to
comply with this order shall result in future action as provided
in Chapter 2, Article III, Division 2 of the Code of Ordinances,
a copy of which is also enclosed.
V ry truly yours,
.�/ qLY4-"I
William H. Thrasher
Town Manager
Encls.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
SCOTT W. MORGAN, Mayor
ROBERT W. GANGER, Vice -Mayor
JOAN R. ORTHWEIN
THOMAS M. STANLEY
DONNA S. WHITE
September 23, 2015
Christopher F. O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Re: Email 9/16 and follow-up email 9/21/15 — "displaying political speech"
Dear Mr. O'Hare:
Telephone
(561)276-5116
Ea:
(561)737-D16B
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
I am responding to your emails to me dated September 16 and September 21 of this year. I understand
your inquiry to relate to the placement of a sign or signs on your property. In that regard, please see a
copy of Ordinance 15/1 of the Town relating to the placement and regulation of signs. I trust this
information is helpful in guiding you in regard to your request.
If I have misinterpreted your request to be limited to the placement of signs on your property, i.e., if it
relates to the placement of objects other than signs, please advise so that I may further advise you.
Otherwise, govern yourself accordingly.
William H. Thrasher
100 SEA ROAD, GULF STREAM, FLORIDA 33483
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6
COMMISSIONERS
JOAN K. ORTH W EIN, Mayor
THOMAS M. STANLEY, Vke Mayor
MURIEL J. ANDERSON
W. GARRETT DERING
ROBERT W. GANGER
January 23, 2014
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
c J
�r
NOTICE OF VIOLATION
Christopher F. & Shelley O'Hare
2520 Avenue Au Soleil
Gulf Stream, Fl, 33483
Dear Mr. & Mrs. O'Hare:
Telephone
(561) 276-5116
Fax
(561) 737-0168
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA 1— TAYLOR
Hand Delivery
Article No. 179
It has come to our attention that you have a display of art
in your yard at 2520 Avenue Au Soleil in violation of Section
70-268 (c) of the Code of Ordinances of the Town of Gulf Stream.
A copy of this Section is enclosed for your review.
This is to be considered official notice to correct this violation
within two (2) days by removing the display of art. Failing to
comply with this order shall result in future action as provided
in Chapter 2, Article III, Division 2 of the Code of Ordinances,
a copy of which is also enclosed.
V ry'ntruly yours,
William H. Thrasher
Town Manager
Encls.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
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Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Monday, September 21, 2015 8:00 AM
To: Bill Thrasher
Subject: Fwd: Public Record Request object d'art illustration at 3560 GS Rd
Attachments: 3560 Gulfstream Rd.JPG
Dear Mr. Thrasher,
I previously wrote you on September 16 (forwarded herein for your reference) in regard to any Town
prohibition of my displaying political speech art now that the "Objects d'Art" ordinance has been repealed.
Specifically, I asked: Now that the Town Commission no longer prohibits the display of "Objects d'Art" may / again display these items
without threat ofcode enforcement?
May I expect an answer soon?
Sincerely,
Chris O'Hare
Forwarded message
From: Chris O'Hare <chrisoharegulfstream(@,wnail.com>
Date: Wed, Sep 16, 2015 at 5:57 PM
Subject: Public Record Request object d'art illustration at 3560 GS Rd
To: bthrasheraa,gulf-stream.org
Dear Town Manager Thrasher,
At a recent meeting of the Town Commission I asked Mayor Scott Morgan if I could now display the political speech art that I had
previously displayed at my home at 2520 Avenue Au Soleil. He told me to ask you.
You may recall that you threatened me on January 23, 2014 with a Notice of Violation unless 1 removed these items from my home within
two days because you believed they violated the town's ordinance prohibiting "Objects d'Art." You may also recall I wrote you on March 9,
2014 to say I disagreed with you but I was removing them under protest because of your written threat. Now that the Town Commission no
longer prohibits the display of "Objects d'Art" may I again display these items without threat of code enforcement?
You may also recall that I sent you, Chief Ward and Mayor Morgan an email on March 31, 2014 with a photo that is also attached to this
email. hi addition to your answer to my above question I request you also produce the following public records for my inspection.
Any record related to the property shown in the attached photo regarding "object d'art".
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.
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 U 19.070)(e) of the Florida Statutes and state in writing and with particularity the basis for your
conclusions as required by 6119.07(1)(8 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, ifso, 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)(8. 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. Please 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 advise me of the cost you anticipate to be incurred by your agency 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 production for inspection of these public records to exceed $1.00 please notify me in advance of you incurring the
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.
1 respectfully request your prompt reply to this public record request.
All responses to this public records request should be made in writing to the following email address:
chriso h a reg a lfstream(a2email.com
r
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:A
Renee Basel
From: Chris O'Hare<chrisoharegulfstream@gmail.com>
Sent: Friday, October 2, 2015 12:57 PM
To: Bill Thrasher
Subject: Fwd: Follow up to your letter RE: Email 9/16 and follow up email 9/21/15 - displaying
political speech.
Attachments: Thrasher Itr of 9-23-15jpgjpg; 3560 Gulfstream Rd. ART.JPG; 3259 Polo Drive ART.JPG;
544 palm way ART.JPG; 3244 N Ocean Blvd ART.JPG; Christmas Art.JPG; art violation
letter lof 8.pdf
Mr. Thrasher,
I have not yet received any response from you in regard to my inquiry forwarded herein for your reference.
May I hear from you soon on this matter?
Chris O'Hare
---------- Forwarded message ----------
From: Chris O'Hare<chrisoharegulfstream(cDgmaii.com>
Date: Sun, Sep 27, 2015 at 10:14 PM
Subject: Follow up to your letter RE: Email 9/16 and follow up email 9/21/15 - displaying political speech.
To: bthrasher(imif-stream.org.
Mr. Thrasher,
I am writing you in response to your letter to me of September 23 , RE: Email 9/16 and follow up email 9/21/15
- displaying political speech (attached for your reference).
You may recall I wrote you on September 16th and asked you, "Now that the Town Commission no longerprohibits the
displgv of "Objects d'Art"mqv l again displgv these items without threat of code enforcement?" Having not received an answer I again wrote
you a week later on September 23rd to ask you if 1 may expect an answer soon.
You wrote in the above reference letter that you understood my inquire to relate to the placement of a sign or signs on my property and you
kindly offered to further advise me if my request relates to the placement of objects other than signs.
I remind you that your letter of January 23, 2014 described these objects as a displgv of art in my yard (attached for your reference).
I am therefore writing you to clarify my question so you may more accurately advise me.
May I display objects on my property identical to the objects shown in the attached photos without threat of code enforcement?
The photos attached for your consideration are labeled:
3560 Gulfstream Rd. ART.JPG
3259 Polo Drive ART.JPG
544 palm way ART.JPG
3244 N Ocean Blvd ART.JPG
Christmas Art.JPG
If some of the objects shown in the attached photos are allowed and some are not allowed would you be so kind as to distinguish which
objects are prohibited and the procedure required to obtain permission from the Town to display those objects without threat of code
enforcement?
Thank you for your continued response to my inquiry.
CIii i. O'Hare
3
Oak
11
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COMMISSIONERS
SCOTT W. MORGAN, Mayor
ROBERT W. GANGER, Vice -Mayor
JOAN K. ORTHWEIN
THOMAS M. STANLEY
DONNA S. WHITE
September 23, 2015
Christopher F. O'Hare
2520 Avenue Au Soleil
Gulf Stream, Florida 33483
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Re: Email 9/16 and follow-up email 9/21/15 — "displaying political speech"
Dear Mr. O'Hare:
I am responding to your emails to me dated September 16 and September 21 of this year. I understand
your inquiry to relate to the placement of a sign or signs on your property. In that regard, please see a
copy of Ordinance 15/1 of the Town relating to the placement and regulation of signs. I trust this
information is helpful in guiding you in regard to your request.
If I have misinterpreted your request to be limited to the placement of signs on your property, i.e., if it
relates to the placement of objects other than signs, please advise so that I may further advise you.
Otherwise, govern yourself accordingly.
William H. Thrasher
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Telephone
(561)776.5116
Fax
(561)777-0186
Town Manager
�9L�-
WILLIAM H. THRASHER
��.
Town Clerk
RITA L. TAYLOR
Re: Email 9/16 and follow-up email 9/21/15 — "displaying political speech"
Dear Mr. O'Hare:
I am responding to your emails to me dated September 16 and September 21 of this year. I understand
your inquiry to relate to the placement of a sign or signs on your property. In that regard, please see a
copy of Ordinance 15/1 of the Town relating to the placement and regulation of signs. I trust this
information is helpful in guiding you in regard to your request.
If I have misinterpreted your request to be limited to the placement of signs on your property, i.e., if it
relates to the placement of objects other than signs, please advise so that I may further advise you.
Otherwise, govern yourself accordingly.
William H. Thrasher
100 SEA ROAD, GULF STREAM, FLORIDA 33483
i i "