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