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HomeMy Public PortalAboutPRR 13-0407Your original request, dated November 22, 2013, is reproduced in the space below: From: Chris O'Hare [ mailto :chrisoharegulfstream @gmall.com] Sent: Friday, November 22, 2013 10:08 AM To: Bill Thrasher, Garrett Ward Subject: Complaint and Public Reord Request PUBLIC RECORDS REQUEST Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any written correspondence with the owner of the parcel identified in the above complaint. Any record regarding the fence referenced herein. The specific section number and section language of the Town Code, minutes of any public meeting or policy of the Town that would require, authorize, allow or in any way permit the Town Manager or the Chief of Police to NOT enforce the regulations found in Chapter 70 of the Town's Code of Ordinances. Any policy of the Police Department that would prevent, prohibit, or cause a Police Officer, in any way, to fail to act when he has knowledge of a violation of any section of Chapter 70 of the Code of Ordinances. The specific section number and section language of the Town Code, minutes of any public meeting or policy of the Town that would require, authorize, or compel the Town Manager or the Chief of Police to enforce the regulations found in Chapter 70 of the Town's Code of Ordinances. If you contend that any of the records 1 am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by $I 19.07(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. Please take note of 6119.07(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 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 5119.01(2)(1). Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production 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. All responses to this public records request should be made in writing to the following email address: ch risoha reaulfst rea m2emaii.com Kelly Avery From: Permit Verification <permit.record.search @gmail.com> Sent: Wednesday, September 04, 2013 7:43 PM To: Bill Thrasher Subject: This email is a Public Record Request - 2586 " Attachments: 2586 Avenue Au Soleil - map.jpg; 2586 Avenue Au Soleil- previous- street - view.jpg; 2586 - Aven u e -Au- Soleil- street - view.] pg This is a Public Record Request Dear Custodian of Public Records for Town of Gulf Stream. This email is a formal request for Public Records of the Town of Gulf Stream made pursuant to the Florida Constitution's Article 1, Section 24 and Florida Statute Chapter 119.07. As per Florida Statute 119.07(1)(c), I am requesting you promptly acknowledge to me that you have received this request for Public Records and you make a reasonable effort to provide these Public Records including asking other employees or officers within the Town of Gulf Stream to determine if the Public Records herein requested exist and, if the Public Records do exist, where the Public Records are located. Also please tell everyone in possession of Public Records, that may be included in responding to this Public Record Request, to immediately preserve all such records. As per Florida Statute 119.07(1)(e), if you believe any of the Public Records I am requesting, or any portion of the Public Records I am requesting, are exempt from this request please cite the exemption and your reason you particularly believe the exemption applies, as per Florida Statute I I9.07(1)(f). As per Florida Statute I I9.01(2)(f), provide the Public records in their original electronic format as they were created if they are available in that condition. Please respond to this Public Record Request in writing to: Permit.record.search @gmai1.com This Public Record Request is for the following records: The first three pages of the Permit issued for the fence structure located adjacent to the SW corner of the residential structure of Parcel Number 20434604220000280 also known as 2586 Avenue An Soleil in Gulf Stream, Florida. For reference only - please see attached photos. .AA �MMI .4 k- Fence ue Au Soleil Es 1% Fence' "" 2586 Avenue Au Soleil PCN 20434604220000280 � Kelly Avery From: Chris O'Hare <chrisoharegulfstream @gmail.com> Sent: Friday, November 22, 2013 10:08 AM To: Bill Thrasher; Garrett Ward Subject: Complaint and Public Reord Request Mr. Thrasher and Chief Ward, I am writing you both to officially complain about an ongoing violation of the Code of Ordinances for the Town of Gulf Stream. Specifically, Chapter 70, Article VI, DISTRICT STANDARDS Sec. 70- 187(6) FENCES Prohibited over 4' high in Place au Soleil, (this section is copied below for your reference). The owner of the property has recently erected a fence over 4' high in the area where such fences are prohibited. I have previously provided to the Town photos of before and after and location views of this new fence in my earlier email. This earlier email is identified as: From: Permit Verification < permit. record.search(a)gmail.com> Date: Wed, Sep 4, 2013 at 7:42 PM Subject: This email is a Public Record Request - 2586 ** This property is located at 2586 Avenue An Soleil in the Place au Soleil distict in Gulf Stream. If no permit was obtained for the erection of this fence, I call to your attention the pertinent Code of Ordinance's sections that regulate the construction of accessory uses without a permit. Please inform me as soon as possible what actions either of you are authorized to, capable of, or intend to, take in regard to this matter. If NO action will be taken by the Town in this matter, please inform me what procedure is required to compel you to act or which government entity is appropriate for appealing your decision not to act. Also, please see my Request for Public Records copied below. Sincerely, Chris O'Hare townofeulfstream.com 561- 350 -7551 Sec. 70 -187. Table of district standards. (Zoning Districts Gulf Stream Ocean West Beachfront Core Place an Soleil 6. FENCES (applicable to all fences located between the street and minor accessory setback line and for all fences visible from public and private roadways. The measurement of all fences referenced herein shall be from the lowest grade adjacent to the fence. [Required T_ _F_ All fences, with the exception of aluminum rail fencing, shall be screened from view from any public or private roadway by landscaping. Pools 4 feet minimum Fences must be finished on both sides or screened Consistent with architectural style of house Preferred Low -open wood Low -open wood (Consistent with Consistent with None Intermittent or architectural architectural style Low -open wood concealed by plant style Intermittent or material concealed by plant (Discouraged Solid (for example, stockade or shadowbox) Unpainted Prohibited Over 4 feet Over 6 feet Over 8 feet Fences less than 12 feet from AlA r.o.w. line plastic or vinyl link (unless concealed by plant material) s closer than 7.5 feet to the edge of street pavement s on rights -of -way or in visibility triangle PUBLIC RECORDS REQUEST ample, stockade shadowbox) 6 feet property lid (for ample, stockade shadowbox) Over 4 feet Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any written correspondence with the owner of the parcel identified in the above complaint. Any record regarding the fence referenced herein. The specific section number and section language of the Town Code, minutes of any public meeting or policy of the Town that would require, authorize, allow or in any way permit the Town Manager or the Chief of Police to NOT enforce the regulations found in Chapter 70 of the Town's Code of Ordinances. Any policy of the Police Department that would prevent, prohibit, or cause a Police Officer, in any way, to fail to act when he has knowledge of a violation of any section of Chapter 70 of the Code of Ordinances. The specific section number and section language of the Town Code, minutes of any public meeting or policy of the Town that would require, authorize, or compel the Town Manager or the Chief of Police to enforce the regulations found in Chapter 70 of the Town's Code of Ordinances. 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 4119.07(I)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by k119.070)(fl of the Florida Statutes. Please take note of § I19.07(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)(fl. Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production 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. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream(rbemail.co m TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 13, 2014 Chris O'Hare [mail to: chrisoharegulfstream @gmail.com] Re: GS #407 (fence 2586 Avenue An Soleil (5 part)) (a) Any written correspondence with the owner of the parcel identified in the above complaint. (b) Any record regarding the fence referenced herein (c) The specific section number and section language of the Town Code, minutes ofany public meeting or policy of the Town that would require, authorize, allow or in any way permit the Town Manager or the Chief of Police to NOT enforce the regulations found in Chapter 70 of the Town's Code of Ordinances. (d) Any policy of the Police Department that would prevent, prohibit, or cause a Police Officer, in any way, to fail to act when he has knowledge of a violation of any section of Chapter 70 of the Code of Ordinances. (e) The specific section number and section language of the Town Code, minutes ofany public meeting or policy of the Town that would require, authorize, or compel the Town Manager or the Chief of Police to enforce the regulations found in Chapter 70 of the Town's Code of Ordinances. Dear Chris O'Hare [mail to: chrisoharegulfstreain a email.coml, This letter provides you with the full production of public records you have requested on November 22, 2013. Your original request can be viewed at the following link http://www2.gulf- stream.org/WebLink8 /0 /doc /l 7912/Pagel .aspx. In response to part A of your request, no such record exists. In response to part B of your request, please go to the following link: hgp: / /www2.gulf- stream.org/WebLink8 /0 /doc /17912/Pagel.aspx. In response to parts C, D, and E of your request, you will find all of our codes by going to https://www.municode.com/library/fl/gulf stream/codes /code of ordinances. Please be advised that pursuant to the public records laws, the duty of the Town of Gulf Stream is to provide access to or copies of public records at a reasonable time in reasonable conditions. The Town of Gulf Stream is not required to give out legal advice from these records nor give information about these records. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records