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HomeMy Public PortalAboutPRR 16-2408Renee Basel From: Chris O'Hare<chrisoharegulfstream@gmail.com> Sent: Monday, November 14, 2016 7:21 AM To: Bill Thrasher; Rita Taylor; Renee Basel; mminor@udkstudios.com; JOConnor@jonesfoster.com Subject: Public Record Request - open front lawn review of 800 Canary Walk Dear Custodian of Records, I request to inspect certain public records in the custody of the Town of Gulf Stream or in the custody of its agents or associated entities. While I am not statutorily obligated to explain why I want to inspect these records, I tell you my inspection of these records may be essential to my ability to make informed comments in an upcoming public hearing. The records I wish to inspect may also be material to current, anticipated or presently unforeseen legal action. 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. The public records I request 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 this entity of this request by copy of this email. I am NOT requesting this entity 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 this entity with this request relieves you of any of your duties under Florida Statute. I ask that you contact this entity yourself in order to obtain all Public records responsive to this request if those records are not all in your custody. 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. As background to this request I call your attention to Town Ord. 15/4 regulating "Open Front Lawns" in Place Au Soleil. I request to inspect any public record in the custody of the Town of Gulf Stream regarding commenting on, communicating about, considering, or reviewing the proposed landscape portion of the most recent Application for Architectural/Site Plan Review of 800 Canary Walk in regard to the proposed projects compliance with Town regulations and the regulation referenced above which requires 75% of all plants in the front of a home in Place Au Soleil not to exceed a mature height of three feet. I anticipate that responsive records may include but may not be limited to records submitted by the applicant, records created by Town staff, records created by appointed or elected officials, records created by Town consultants, and/or records created by the Town Attorney. *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. 3 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@gmaii.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 17, 2016 Chris O'Hare [mail to: chrisohareeulfstream(a),gmail.coml Re: GS #2408 (open front lawn review of 800 Canary Walk) I request to inspect any public record* in the custody of the Town of Gulf Stream** regarding commenting on, communicating about, considering, or reviewing the proposed landscape portion of the most recent Application for Architectural/Site Plan Review of 800 Canary Walk in regard to the proposed projects compliance with Town regulations and the regulation referenced above which requires 75% of all plants in the front of a home in Place Au Soleil not to exceed a mature height of three feet. I anticipate that responsive records may include but may not be limited to records submitted by the applicant, records created by Town staff, records created by appointed or elected officials, records created by Town consultants, and/or records created by the Town Attorney. Dear Chris O'Hare [mail to: chrisoharegulfstreamCa,email.coml: The Town of Gulf Stream has received your public records request dated November 13, 2016. The original public records request can be found at the following link: htto://www2.gulf-stream.org/weblink/O/doc/103535/Pa el.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, n� -� "�""e� Reold Jz4Wl..Y. D�✓ur. As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA January 6, 2017 Chris O'Hare [mail to: chrisoharegulfstreamagmail.coml Re: GS #2408 (open front lawn review of 800 Canary Walk) I request to inspect any public record* in the custody of the Town of Gulf Stream ** regarding commenting on, communicating about, considering, or reviewing the proposed landscape portion of the most recent Application for Architectural/Site Plan Review of 800 Canary Walk in regard to the proposed projects compliance with Town regulations and the regulation referenced above which requires 75% of all plants in the front of a home in Place All Soleil not to exceed a mature height of three feet. I anticipate that responsive records may include but may not be limited to records submitted by the applicant, records created by Town staff, records created by appointed or elected officials, records created by Town consultants, and/or records created by the Town Attorney. Dear Chris O'Hare [mail to: chrisoharegulfstream[7a,gmail.coml: The Town of Gulf Stream has received your public records requests dated November 14, 2016. You should be able to view your original request and response at the following link: httv://www2.gulf-stream.org/weblink/O/doc/103535/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 you with a response to your request of "any public record" at the same link above. We consider this request closed. Sincerely, JZ tz"" DD77 "d As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From: Marty Minor <MMinor@udkstudios.com> Sent: Wednesday, November 16, 2016 2:42 PM To: Bill Thrasher; Rita Taylor Subject: FW: Public Record Request - open front lawn review of 800 Canary Walk Bill, We have not reviewed nor do we have any correspondence regarding the landscaping at 800 Canary Walk. Thank you, marty Marty R.A. Minor, AICP Ioban MMinor@udkstudios.com swo�os 610 Clematis Street Suite CU02 West Palm Beach, FL 33401 P.561.366.1100 x.148 [ F.561.366.1111 [D...V.c.T fI+►TI From: Chris O'Hare[mailto:chrisoharegulfstream@gmail.com] Sent: Monday, November 14, 2016 7:21 AM To: bthrasher@gulf-stream.org; RTaylor@gulf-stream.org; rbasel@gulf-stream.org; Marty Minor <MMinor@udkstudios.com>; JOConnor@jonesfoster.com Subject: Public Record Request - open front lawn review of 800 Canary Walk Dear Custodian of Records, I request to inspect certain public records in the custody of the Town of Gulf Stream or in the custody of its agents or associated entities. While I am not statutorily obligated to explain why I want to inspect these records, I tell you my inspection of these records may be essential to my ability to make informed comments in an upcoming public hearing. The records I wish to inspect may also be material to current, anticipated or presently unforeseen legal action. 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. The public records I request 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 this entity of this request by copy of this email. I am NOT requesting this entity 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 this entity with this request relieves you of any of your duties under Florida Statute. I ask that you contact this entity yourself in order to obtain all Public records responsive to this request if those records are not all in your custody. 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. As background to this request I call your attention to Town Ord. 1514 regulating "Open Front Lawns" in Place Au Soleil. 3 I request to inspect any public record in the custody of the Town of Gulf Stream regarding commenting on, communicating about, considering, or reviewing the proposed landscape portion of the most recent Application for Architectural/Site Plan Review of 800 Canary Walk in regard to the proposed projects compliance with Town regulations and the regulation referenced above which requires 75% of all plants in the front of a home in Place Au Soleil not to exceed a mature height of three feet. I anticipate that responsive records may include but may not be limited to records submitted by the applicant, records created by Town staff, records created by appointed or elected officials, records created by Town consultants, and/or records created by the Town Attorney. *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 +? ©VVV OgO 3AVM1.NVUVMLZBE ({ §a $k ƒ o,» ® £$a ` Ail ]k} \ 4 / \ \ � � � $ ] | R�\| �/����! a LU 2s IX CL IL f R�\| DWV V1Mm= 3UNVD AV878Qr V Wju— N a .M