HomeMy Public PortalAboutPRR 14-1328From: Harry LaFarge [mailto:lafargetech @gmail.com]
Sent: Saturday, August 30, 2014 9:57 AM
To: Bill Thrasher
Subject: Request for some public records GS # 643 brown emails
Attention to the Custodian of Records,
This email is a request for public records. I make this request pursuant to Article 1, Section 24 of
the Florida Constitution and Chapter 119.07 of the Florida Statutes. I make this request of your
agency for the following public records:
Email exchange of Mr. John Randolph, Mr. Marty Minor, Mr. Bill Thrasher and Ms. Rita
Taylor regarding the Brown Residence on and about May and June of 2011.
This is a request for electronic records. The records sought are emails created and received in
digital electronic form and are composed of digital text copy and other electronic and
digital elements. Please produce the records in their complete original electronic format in which
they were created or received. See § 119.01(2)(f), Florida Statutes. Do not reduce, compress,
reformat, refile or otherwise alter the electronic record.
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 §I 19.07(1)(f) of the Florida Statutes.
Please take note of §I 19.07(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 any records are readily available, please produce those records first without waiting for all
responsive records to be available. Produce the less readily available records as soon as they are
available.
If you anticipate the production of any 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. If any records may be produced for less than $1.00, please
produce those records first while waiting to obtain authorization from me to produce more costly
records. Do not incur any costs that you expect me to pay which are greater than $1.00 until
notifying me of that cost and then obtaining my authorization to do so.
All responses to this public records request should be made in writing to the following email
address: lafareetechegmail.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
September 19, 2014
Harry LaFarge [mail to: lafargetech @gmail.com]
Re: GS #1328 (brown emails)
Email exchange of Mr. John Randolph, Mr. Marty Minor, Mr. Bill Thrasher and Ms. Rita
Taylor regarding the Brown Residence on and about May and June of 2011.
Harry LaFarge [mail to: lafargetech @gmail.com],
The Town of Gulf Stream received your public records request on August 30, 2014. If your
request was received in writing, then the request can be found at the following link:
htto: / /www2.gulf- stream. ore/ WebLink8 /0 /doc /20131/Pagel.asox. If your request was verbal, then the
description of your public records request is set forth in the italics above. In future
correspondence, please refer to this public records request by the above referenced number.
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 further respond to your public records request
in a reasonable amount of time.
Sincerely,
Town Clerk
Kelly Avery
From: Randolph, John C. <JRandolph @jonesfoster.com>
Sent: Monday, June 13, 2011 2:16 PM
To: mmm @bridgesmarsharchitects.com'; 'tmurphy @dmrslaw.com'
Cc: Bill Thrasher
Subject: Town of Gulf Stream - Brown Residence
Gentlemen,
I have reviewed this matter with staff and it has been determined that a variance would be required for the windows
proposed. This process is how previous similar applications have been handled in the past. As I previously advised, if
the applicant or applicant's agents do not agree, this decision of the administrative official can be challenged by filling out
the form(s) for "Administrative Appeal" that would be heard by the Town Commission at their next regularly scheduled
Town Commission meeting.
JOHN C. RANDOLPH
John C. Randolph
Attorney
Direct: 561- 650 -0458
Fax: 561- 650 -0465
a randoloh(c'ones- foster.com
Jones, Foster, Johnston & Stubbs, P.A.
Attorneys & Counselors
505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401
Telephone: 561- 659 -3000
Website
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended
to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
Kelly Avery
From: Randolph, John C. <JRandolph @jonesfoster.com>
Sent: Thursday, June 09, 2011 4:22 PM
To: 'Marty Minor'
Cc: Bill Thrasher
Subject: RE: Town of Gulf Stream - Brown Residence
M a rty,
Thank you for your response to my email and your comments. I have no argument with your analysis. I think there is
also an argument to be made, based upon the wording of 70 -126, that because windows are considered integral items in
the design and because the windows proposed are a design element listed as prohibited, that a special exception may
be considered in the rehabilitated design to allow for the prohibited design element by way of special exception. This
interpretation is obviously a more liberal interpretation than either you or Bill would give to this section, but it would at
least give the applicant an opportunity to have this matter considered by ARPB which would then make the decision as
to whether to allow the change or not.
I am not here to make the case for the applicant and if you and Bill feel strongly about your interpretation in regard to
this matter, I will simply advise the applicant that they have the ability to file an appeal of the decision of the
administrative official in regard to this matter.
Please let me hear from each of you in regard to this matter so I can advise the applicant how to proceed.
Thank you.
John C. Randolph
Attorney
Direct: 561- 650 -0458
Fax: 561- 650 -0465
jrandolph@jones-foster.com
Jones, Foster, Johnston & Stubbs, P.A.
Attorneys & Counselors
505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401
Telephone: 561-659-3000
Website
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not
intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be
privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review,
dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original
message.
- - - -- Original Message-- -
From: Marty Minor [mailto:MMinor @udkstudios.com]
Sent: Thursday, June 09, 20119:52 AM
To: Randolph, John C.
Subject: RE: Town of Gulf Stream - Brown Residence
Skip,
Valid points and I would be able to agree if the architect was going with the same prohibited style of window which
currently exists on the house. Currently, the house has a majority of jalousie windows - with some "picture" or large
undivided windows. However, in my opinion, the jalousie windows are the predominant window style for the existing
home. The architect is proposing replacing all the jalousie windows with undivided windows larger than the 4 s.f. that is
preferred style.
If the architect was proposing adding or rehabbing jalousie windows with more jalousie windows, then I believe Section
70 -126 would apply and a Special Exception would be appropriate. However, the small number of large undivided
windows within the existing structure does not, in my opinion, rise to the "integral' standard in the first sentence of
Section 70 -126 that would allow, by Special Exception, the addition of more larger, undivided windows.
Thank you and let me know if you have any questions /comments.
Marty
Marty R.A. Minor, AICP
Urban Design Kilday Studios
The Offices at City Place North
477 South Rosemary Avenue, Suite 225
West Palm Beach, Florida 33401 -5758
561- 366 -1100
- - - -- Original Message---- -
From: Randolph, John C. [mailto:jrandolph @jones - foster.com]
Sent: Wednesday, June 08, 20114:26 PM
To: Marty Minor
Subject: Town of Gulf Stream - Brown Residence
Marty,
I have had additional conversations with Mark Marsh the architect and Tom Murphy the attorney in regard to the issue
of the Brown house. We discussed Section 70 -126 of the code relating to this matter. They point out, and it appears to
me they are correct, that the Browns would have the opportunity to use this section to modify the windows, as opposed
to seeking a variance for a prohibited element. It seems to me the prohibited elements deal with new houses and that
this section deals with additions and rehabilitations. Please let me know if you agree or disagree with me. If you
disagree with me, please advise as to the area of disagreement. They are anxious to hear from us in regard to this
matter so they can move forward with their application.
Thank you.
JOHN C. RANDOLPH
John C. Randolph
Attorney
Direct: 561- 650 -0458
Fax: 561- 650 -0465
jrandolph@jones-foster.com
Jones, Foster, Johnston & Stubbs, P.A.
Attorneys & Counselors
505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401
Telephone: 561-659-3000
Website
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not
intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be
privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review,
dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original
message.
Kelly Avery
From:
Randolph, John C. <JRandolph @jonesfoster.com>
Sent:
Wednesday, June 08, 2011 4:26 PM
To:
'Marty Minor (MMinor @udkstudios.com)'
Subject:
Town of Gulf Stream - Brown Residence
Attachments:
SDOC2766.pdf
Marty,
I have had additional conversations with Mark Marsh the architect and Tom Murphy the attorney in regard to the issue
of the Brown house. We discussed Section 70 -126 of the code relating to this matter. They point out, and it appears to
me they are correct, that the Browns would have the opportunity to use this section to modify the windows, as opposed
to seeking a variance for a prohibited element. It seems to me the prohibited elements deal with new houses and that
this section deals with additions and rehabilitations. Please let me know if you agree or disagree with me. If you
disagree with me, please advise as to the area of disagreement. They are anxious to hear from us in regard to this
matter so they can move forward with their application.
Thank you.
JOHN C. RANDOLPH
John C. Randolph
Attorney
Direct: 561- 650 -0458
Fax: 561- 650 -0465
jandolph @jones - foster.com
Jones, Foster, Johnston & Stubbs, P.A.
Attorneys & Counselors
505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401
Telephone: 561- 659 -3000
Website
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not
intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be
privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review,
dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original
message.
GULP STREAM DESIGN MANUAL § 70 -146
DIVISION 2, SPECIAL EXCEPTION ARCHITECTURAL STANDARDS
Sec. 70 -126. Additions and rehabilitations incorporating a prohibited design element that is
an integral part of the design of the existing structure.
Designs for additions and rehabilitations may incorporate prohibited design elements that are an
integral part of the existing structure (such as a flat roof) subject to the following:
(1) Permitted design elements. Any design element listed as prohibited that is an integral part of an
existing structure proposed for expansion or rehabilitation. Integral items shall include, but not
be limited to architectural style, building form, roof material, windows and doors; but shall not
include cosmetic elements such as paint colors.
(2) SPeci/ic standards for review.
a. The addition or rehabilitation shall comply with the standards listed in section 70 -107.
b. The prohibited design element shall be an integral part of the design or structure of the
existing building,
C . The incorporation of an existing prohibited design element into the design of the addition or
rehabilitated portion of the structure shall be minimized to the extent necessary to provide
a continuity of design between the rest of the existing structure and the addition or
rehabilitated portion.
d. The prohibited design element shall not have a more prominent appearance on the addition
or rehabilitated portion of the structure than it has on the rest of the existing structure.
e. The rehabilitation or addition shall not incorporate any discouraged or prohibited elements
not currently present on the existing structure.
L The cost of the addition or rehabilitation shall not exceed 75 percent of the value of the
existing structure.
Secs. 70- 127 -70 -145. Reserved.
DIVISION 3. GENERAL LANDSCAPE STANDARDS
Sec. 70 -146. Purpose.
(a) The landscape architectural standards have been developed to reinforce the overall character and
the image of the town environment.
(b) The primary objectives of the landscape standards are to:
(1) Reinforce the community's identity.
(2) Enhance visual quality.
(3) Provide buffering.
(4) Provide a pleasant environment for living areas.
(5) Provide a pleasant environment for driving, walking, and other activities in the community.
(c) The correct selection of plant material:
(1) Beautifies the streetscape and softens buildings.
(2) Controls glare.
CD70:65
Kelly Avery
From: Randolph, John C. <JRandolph @jonesfoster.com>
Sent: Monday, May 16,20114:19 PM
To: Marty Minor (MMinor @udkstudios.com)
Cc: Bill Thrasher
Subject: Brown Residence Review Memorandum
Marty,
I have reviewed your memorandum to Bill Thrasher regarding the Brown Residence Review. I note that one of your
recommendations is that the applicant revise its application and drawings to reflect the preferred design element for
windows within in the Town. The architect for the project has contacted me and advised that her client does not wish to
revise the application but would like to have the matter reviewed by the ARPB. I am assuming that the applicant, under
the code, has the opportunity to appeal the decision of the administrative official in regard to his interpretation of the
code. Beyond that, do you find that the code would require any kind of a variance, particularly in regard to the prohibited
items, or is that something that can be dealt with simply by the ARPB? Please advise as to your opinion in this regard.
Thank you.
JOHN C.RANDOLPH
John C. Randolph
Attorney
Direct: 561- 650 -0458
Fax: 561 - 650 -0465
irandoloh(o)iones- foster.com
Jones, Foster, Johnston & Stubbs, P.A.
Attorneys & Counselors
505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401
Telephone: 561 - 659 -3000
Website
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended
to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be
privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review,
dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original
message.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
January 2, 2015
Harry LaFarge [mail to: lafargetech @gmail.com]
Re: GS #1328 (brown emails)
Email exchange of Mr. John Randolph, Mr. Marty Minor, Mr. Bill Thrasher and Ms. Rita
Taylor regarding the Brown Residence on and about May and June of 2011.
Dear Harry LaFarge [mail to: lafargetechOgmail.coml,
The Town of Gulf Stream received your public records requests on August 30, 2014. You should
be able to view your original request at the following link http://WWW2.gulf-
stream.org/WebLinkg/O/doc/2013 1 /Pagel. aspx. If your request was verbal, then the description
of your public records request is set forth in the italics above. In future correspondence, please
refer to this public records request by the above referenced numbers.
The Town may incur expenses for the production of documents. You are responsible for the
costs of duplication, as allowed by Chapter 119, Florida Statutes, and you may also incur a
special service charge for the labor needed to respond to this request.
Please find a partial response of documents that were gathered in 15 minutes of our time at the
following link: httn:/ /www2.gulf- stream.org[WebLink8 /0 /doc /20131/Pagel.asox. To produce
any further documents that you have requested, the Town of Gulf Stream estimates the need for
.75 hours of administrative support at $36.39 per hour, the labor cost of the personnel providing
the service, per 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.
(.75 hours @ 36.39 = 27.29) = Deposit Due: $27.29 in cash or check.
The Town of Gulf Stream is currently working on a large number of incoming public records
requests. 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.
Sincerely, Town Clerk