HomeMy Public PortalAboutPRR 16-2457Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Saturday, December 31, 2016 12:47 PM
To: Bill Thrasher; Rita Taylor; Renee Basel
Subject: Public Record Request - photo of 2538 Avenue Au Soleil 20434604220000480
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.
I request that you produce for my inspection all public records of photos identified as 2538 Avenue Au Soleil
20434604220000480.
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 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. 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
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
January 4, 2016
Chris O'Hare [mail to: chrisohare�,,ulfstream(a),email.coml
Re: GS #2457 (photo of 2538 Avenue An Soleil 20434604220000480)
I request that you produce for my inspection all public records of photos identified as
2538 Avenue Au Soleil 20434604220000480
Dear Chris O'Hare [mail to: chrisohareaulfstream(a)gmail.coml:
The Town of Gulf Stream has received your public records request dated December 31, 2016. The
original public records request can be found at the following link:
http://www2.gulf-stream.org/weblink/O/doc/l 04238/Pagel .asix
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,
R"Id Rlaw f-. 9"
As requested by Rita Taylor
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
January 12, 2016
Chris O'Hare [mail to: chrisohare2ulfstream(@,gmail.com
Re: GS #2457 (photo of 2538 Avenue An Soleil 20434604220000480)
I request that you produce far my inspection all public records of photos identified as 2538
Avenue Ait Soleil 10434604220000480
Dear Chris O'Hare [mail to: chrisohareeulfstreamOgmail.coml:
The Town of Gulf Stream has received your public records request dated December 31, 2016.
You should be able to view your original request and partial response at the following link:
htty://www2.gulf-stream.org/weblink/0/doc/104238/Pa eg 1 asnx
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 at the same link above.
The Town would like to request clarification on "photos identified as " 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). For example, the Town believes the attached document is responsive to your
request because on the page is a photo and next to it is an address, identifying the photo as 2538
Avenue An Soleil. 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.
If the Town does not receive clarification from you within 30 days, it will consider this matter
closed.
Sincerely,
R"Id Rlaw t+ "
As requested by Rita Taylor
Town Clerk, Custodian of the Records
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Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Friday, January 13, 2017 4:59 PM
To: Renee Basel
Subject: Re: GS #2457 (photo of Avenue Au Soleil 20434604220000480)
Dear Ms Basel,
I am writing you to respond to your letter of Jan 12 regarding GS #2457, which was emailed to me on Jan 13,
2017.
In your letter you provided me a link to a responsive record on your agencies website; thank you.
You request clarification of the phrase "photos identified," as used in my request, in order to determine if a
deposit is necessary for you to search for additional responsive records. By way of example you write, "the
Town believes the attached document is responsive to your request because on the page is a photo and next to it
is an address, identifying the photo as 2538 Avenue Au Soleil. " Your example is spot on. By using the phrase
"photos identified" I mean any photo of 2538 Avenue Au Soleil 20434604220000480 which is identified as
such on the photo or on the page containing the photo or on the file containing the photo.
I hope this helps. Please contact me if you need additional clarification and please let me know what deposit
may be required to be paid in order for you to find any additional responsive records.
Best regards,
Chris O'Hare
On Fri, Jan 13, 2017 at 1:26 PM, Renee Basel <RBaselCaeulf-stream.org> wrote:
Good afternoon, Mr. O'Hare:
Please see attached.
Sincerely,
�escd �at4wt. $�
Executive Administrative Assistant
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
January 20, 2016
Chris O'Hare [mail to: chrisoharegulfstream(agmail.coml
Re: GS #2457 (photo of 2538 Avenue An Soleil 20434604220000480)
I request that you produce for my inspection all public records of photos identified as 2538
Avenue Au Soleil 20434604220000480
Dear Chris O'Hare [mail to: chrisoharegulfstream@gmail.coml:
The Town of Gulf Stream has received your public records request dated December 31, 2016.
You should be able to view your original request at the following link:
hqp://www2.krulf-stream.org/weblink/O/doc/I 04238/Pagel .asnx
Thank you for your clarification on January 13, 2017, that stated "Your example is spot on. By
using the phrase 'photos identified "I mean any photo of 2538 Avenue Au Soleil
20434604220000480 which is identified as such on the photo or on the page containing the photo
or on the file containing the photo.
To fulfill your request for "all public records ", the Town requests a deposit for half an hour of IT
support at $95.00 per hour and an hour of administrative support at $37.34 per hour, the labor cost
of the personnel providing the service as described in Fla. Stat. § 119.07(4)(d).
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.
(1/2 hour @ $95.00) + (1 hour @ $37.34) = Deposit Due: $84.84 in cash or check.
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 request closed.
Sincerely,
14f1d Raw", 19"d
As requested by Rita Taylor
Town Clerk, Custodian of the Records