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HomeMy Public PortalAboutPRR 14-0502From: Chris O'Hare [mailto: chrisoharegulfstream @gmail.com] Sent: Thursday, January 16, 2014 4:43 PM 5 u 2 _ To: Bill Thrasher Subject: PUBLIC RECORDS REQUEST intelocal agreement 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: The recorded interlocal agreement executed between the Town of Gulf Stream and the City of Delray Beach and recorded with the Clerk and Comptroller for Palm Beach County on or around November 2009 for the purpose of Delray Beach to provide building permit review and inspection services for properties in the Town of Gulf Stream. Said record to be the recorded version stamped by the Clerk and Comptroller's office with the recording number, recording date and other information in blue ink. 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 § I19.07(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 &I 19.07(c) Florida Statues and your affumative 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 4119.01(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: chrisoharegulfstrea rri ftmail.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail February 15, 2015 Chris O'Hare [mail to: chrisoharegulfstream @gmail.com] Re: GS #502 (intelocal agreement) The recorded interlocal agreement executed between the Town of Gulf Stream and the City of Delray Beach and recorded with the Clerk and Comptroller for Palm Beach County on or around November 2009 for the purpose of Delray Beach to provide building permit review and inspection services for properties in the Town of Gulf Stream. Said record to be the recorded version stamped by the Clerk and Comptroller's office with the recording number, recording date and other information in blue ink. Dear Chris O'Hare [mail to: chrisoharegulfstreamla email.coml, The Town of Gulf Stream has received your public records requests dated January 16, 2014. If your request was received in writing, then the requests can be found at the following link htip: / /www2.eulf- stream. ore/ WebLink8 /0 /doc /19143/Pagel.aspxx. If your request was verbal, then the description of your public records request is set forth in the italics above. Please refer to the referenced number above with any future correspondence. You will find the responsive documents at the following link: ham: / /www2.eulf- stream .org /WebLink8 /DocView.asvx ?id= 37088 &dbid =0. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records From: Chris O'Hare [mailto:chrisoharegulfstream @gmail.com] Sent: Sunday, February 15, 2015 2:50 PM To: Bill Thrasher Subject: Second request for this record - Fwd: GS #502 (intelocal agreement) Dear Custodian of Records, On January 16, 2014 I requested the following public record: The recorded interlocal agreement executed between tire Town of Gulf Stream and the City of Delray Beach and recorded with the Clerk and Comptroller for Palm Beach County on or around November 2009 for the purpose of Delray Beach to provide building permit review and inspection services for properties in the Town of Gulf Stream. Said record to be the recorded version stamped by the Clerk and Comptroller's office with the recording number, recording date and other information in blue ink. On February 15, 2015 you finally responded 13 months later by providing me with a link to this record (your response is forwarded herein for your reference. I followed the link you provided and found a copy of a memorandum from Kimberly Wynn to Lula Butler dated 10/2/2009 which references the interlocal agreement which is the subject of my request. I also found at this link a record of the executed and recorded agreement with a red ink stamp that reads RECEIVED FEB 26 2014 Town of Gulfstream. FL. I assume that this stamp indicates the date this document came into your possession - about 40 days after I made the record request and 355 days prior to the date you finally produced it in response to my long ago request. I think this delay is excessively long and in violation of Florida's Public Records law. Despite my objections to your unreasonable delay in providing this record I am, however, grateful to finally receive the record you produced. I note that the actual recording date of this record is time stamped by the Palm Beach County Clerk and Comptroller as 0211 112 013 13:22:33 P. That is 26 days after I made my request for this record. This is puzzling to me for the following reasons: You have previously told me it is your policy that you will not produce records that are created after the time the request is made. Has that policy changed? You have previously told me it is your policy not to create a record in order to respond to a record request. Has that policy changed? You will please note that I specifically asked for the record of the agreement recorded with the Clerk and Comptroller for Pahn Beach County on or around November 2009. Since the record you produced was recorded on February 11, 2013 this is not the record I requested. Please provide THAT record which was recorded on or around 2009 as per my original request. Sincerely, chrisoharegulfstream(a) gmail.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA CORRECTION OF RESPONSE Delivered via e-mail February 17, 2015 Chris O'Hare [mail to: chrisoharegulfstream @gmail.com] Re: GS #502 (intelocal agreement) The recorded interlocal agreement executed between the Town of Gulf Stream and the City of Delray Beach and recorded with the Clerk and Comptroller for Palm Beach County on or around November 2009 for the purpose of Delray Beach to provide building permit review and inspection services forproperties in the Town of Gulf Stream. Said record to be the recorded version stamped by the Clerk and Comptroller's office with the recording number, recording date and other information in blue ink. Dear Chris O'Hare [mail to: chrisohareeulfstreamCa email.coml, The Town of Gulf Stream has received your public records requests dated January 16, 2014. If your request was received in writing, then the requests can be found at the following link htty: / /www2.gulf- stream. org/ WebLink8 /0 /doc /19143/Pagel.asRxx. If your request was verbal, then the description of your public records request is set forth in the italics above. Please refer to the referenced number above with any future correspondence. Be advised that no such records exist. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records