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HomeMy Public PortalAboutPRR 14-1662From: Chris O'Hare [mailto: chrisoharegulfstream @gmail.comj Sent: Thursday, December 11, 2014 4:48 PM To: Bill Thrasher Subject: Renewed request - Fwd: GS #435 (awnings (2 part)) Dear Custodian of Records, Over a year ago I inquired of Mr. Thrasher whether or not I needed a permit to replace the worn fabric covering of my existing awnings. I never received a reply. I therefore concluded that the only way to be sure of getting an answer to my question would be to make it in the form of a public record request. I ask you for any record of a regulation that provides for the work I intended to do. I also asked for any record of anyone ever getting a permit to replace their existing awning fabric. It is now 364 days later and you have finally responded. Your response is forwarded here for your reference. In response to my first request (a) you provided me with link to the entire code book. I assume you are telling me to look through the entire code and find the record myself. You say, "The Town of Gulf Stream is not required to give out legal advice from these records nor give information about these records. " I didn't ask for any legal advice. I don't think a request for a part of the code that regulates a particular use is asking for legal advice. In response to my second request (b) you say the Town may incur expenses to produce records which you fail to confirm even exist. You also say you won't even look unless I pay you $27.29. You say this deposit amount may be lower if I narrow the scope of my request by identifying a particular document type or date range. I did that. The document type is a permit to replace awning fabric. The date range is the three most recent records. I am completely frustrated by your very late and very uncooperative response to my request. I will once more try to determine if a record exists that verifies whether of not the Town requires a permit to replace an existing fabric awning. Pursuant to Article L Section 24 of the Florida Constitution and Chanter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any ordinance passed by the Town Commission or any written policy of the Town that enacted a regulation or otherwise requires a property owner must first obtain a permit before replacing existing fabric covering on a metal frame awning. If any records that would have been responsive to this request have been destroyed, then please provide any and all records identifying the destruction or other means of disposition of records that would have been responsive to this Public Record Request. 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 5119.07(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 6119.01(2)(f), 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: chrisohareaulfstream Calgma if. com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 11, 2014 Chris O'Hare [mail to: chrisoharegulfstream @gmail.com] Re: GS #435 (awnings (2 part)) (a) The specific section number(s) and section language of the Town's Code of Ordinances or any directive of the Town Commission or established Town Policy or Florida Statute referenced in the Town's records or regulation of the Florida Building Code or any other record that authorizes, allows, or otherwise regulates the repair, reinstallation or replacement of the fabric covering from an existing metal framed awning attached to an existing stricture. (b) The firstpage of each of the three most recent permits approved for this specific activity by the Town for any town residents. Dear Chris O'Hare [mail to: chrisoharegulfstreamna .gmail.coml, The Town of Gulf Stream received your public records requests on December 12, 2013. You should be able to view your original request at the following link: htto://www2.eulf- stream. ore /WebLink8 /0 /doe /17934/Paeel.asnx. 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. For part A of your request, you can find your responsive documents by going to hos: / /www.municode.com/library /fl /gulf stream/codes/code of ordinances. Please note 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 but only after receiving required payments. The Town of Gulf Stream is not required to give out legal advice from these records nor give information about these records. The Town may incur expenses for the production of documents for part B of your request. 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. To produce the documents for that you have requested, the Town of Gulf Stream estimates the need for 1 hour 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. If you would like to narrow the scope of your request, for example, by identifying a particular document type or date range, the Town may be able to provide these records at a lower cost. (1 hour @ 36.39 = 36.39) - (.25 hour @ 36.39= 9.10) = 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 fiuther respond to your public records request in a reasonable amount of time. Sincerely, Town Clerk 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 #1662 (Renewed request - Fwd: GS #435) Any ordinance passed by the Town Commission or any written policy of the Town that enacted a regulation or otherwise requires a property owner must first obtain a permit before replacing existingfabric covering on a metal frame awning. Dear Chris O'Hare [mail to: chrisoharesulfstream (cDgmail.coml, The Town of Gulf Stream has received your public records requests dated December 11, 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 /31298/Pagel.asyx. 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. 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, Town Clerk Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 7, 2015 Chris O'Hare [mail to: chrisoharegulfstream @gmail.com] Re: GS #1662 (Renewed request - Fwd: GS #435) Any ordinance passed by the Town Commission or any written policy of the Town that enacted a regulation or otherwise requires a property owner must first obtain a permit before replacing existing fabric covering on a metal frame awning. Dear Chris O'Hare [mail to: chrisoharegulfstream (a)email.coml, The Town of Gulf Stream received your public records requests on December 11, 2014. You should be able to view your original request at the following link htlp://www2.gulf- stream. ore/ WebLink8 /0 /doc/31298/Paeel.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 numbers. 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 information from these records nor give legal advice about these records. We consider this matter closed. Sincerely, Town Clerk