HomeMy Public PortalAboutPRR 15-1835Kelly Avery
From: Chris O'Hare < chrisoharegulfstream @gmail.com>
Sent: Friday, April 03, 2015 12:47 AM
To: Bill Thrasher
Subject: Second attempt to obtain this record - Fwd: GS #1830 (morgan letter and addresses)
Attachments: GS #1830 (morgan letter and addresses).pdf; APP 000 -19 (Large Plan In File) page 37 -
39.pdf
Dear Custodian of Records,
I am in receipt of your recent response to my record request for Mayor Morgan's original letter to
residents AND the record of the names and addresses of all intended recipients of that letter. In your response,
forwarded herein for your reference, you partially state, "There are no responsive records with the names and
addresses. "
I respectfully refer you to State Statute 119.011(12) which defines what the legislature means by Public
Records, "Public records" means all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other material, regardless of the physical
form, characteristics, or means of transmission, made or received pursuant to law or ordinance or
in connection with the transaction of official business by any agency.
Abbreviated for clarity, this statute reads "Public records" means all... material... made... in
connection with the transaction of official business by any agency.
You certainly agree Mayor Morgan's letter was official business by your agency. Can you not also
agree that the material made in connection with the transaction of this official business, namely
the names and addresses of all intended recipients is also a public record?
I apologize if I did not adequately describe the record I seek when I first asked for these records. I
will try again. I would like to examine the public records which are the address labels created for
the purpose of providing the post office with delivery instructions for the transfer of copies of
Mayor Morgan's letter from the Town to each intended recipient. To further clarify my request,
please refer to the attached public record found on your agency's web site and labeled by you
as APP 000 -19 (Large Plan In File) page 37 - 39. This record is a digital copy of nine addressed envelopes
presumably made in connection with the transaction of official business by your agency. These public records
are found by going to the area of your agency's web site called "I Want to ... Find a Town Record" then following
the options: Town -of -Gulf- Stream > Architectural Review > Properties by address > Middle Rd. > 520
Middle Rd.- Hewlett Kent > APP 000 -19 > page 37 - 39. These are just one example of many such
public records to be found in the area of your agency's web site called "I Want to ... Find a Town Record."
If these records were destroyed, please provide the disposition record of their destruction.
I make this second request for these public records under the same terms and conditions as my
original request.
Sincerely,
chrisoharegulfstreama,,gmail.com
I
--- - - - - -- Forwarded message ---- - - - - --
From: Bill Thrasher <bthrasher @gulf- stream.org>
Date: Thu, Apr 2, 2015 at 4:38 PM
Subject: GS #1830 (morgan letter and addresses)
To: Chris O'Hare < chrisoharegulfstream(a,gmail.com>
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended
recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all
copies of the original message. Florida has a very broad public records law. Written communications regarding
Town of Gulf Stream business are public records available to the public upon request. Your e-mail
communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public
records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by phone or in writing.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
April 2, 2015
Chris O'Hare [mail to: chrisoharegulfstream @gmail.com]
Re: GS #1830 (morgan letter and addresses)
It has come to my attention that the Town has recently sent out letters signed by Scott Morgan to
some Town residents regarding complaints made by me. I request to examine the public record
which is the original letter AND the record of the names and addresses of all intended recipients
of that letter.
Dear Chris O'Hare [mail to: chrisoharegulfstream (d),email.coml,
The Town of Gulf Stream received your public records requests dated March 30, 2015. You should
be able to view your original requests at the following hn: / /www2.gulf-
stream. ore/ WebLink8 /0 /doc /43435/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 numbers.
The responsive records which is the original letter can be found at the same above link. There are
no responsive records with the names and addresses.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records
Mr. and Mrs. Parlin Lillard
533 Middle Road
Gulf Stream, FL 33483
TOWN OF 'U!' - - -
100 SEA he .
GULF STREAM, FLORIDA.,....
Mr. and Mrs. William Luke
530 Middle Road
Gulf Stream, FL 33483
Mr. and Mrs. Richard Harding
525 Middle Road
Gulf Stream, FL 33483
TOWN OF GULF STREAM
100 SEA ROAD
ULF STREAM, FLORIDA 3M3
OW FRFAM, FLORIDA 330
TOWN OF GULF STRti; flP
100 SEA ROAD
GULF STREAM, FLORIDA 33403
Mrs. James Cross
3121 Polo Drive
Gulf Stream, FL 33483
Mr. and Mrs. James McManus
3011 Polo Drive
Gulf Stream, FL 33483
Mr. and Mrs. Paul Erlich
2945 Polo Drive
Gulf Stream, FL 33483
Mr. and Mrs. David Jones
2960 Polo Drive
Gulf Stream FI 4AdRR
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
April 10, 2015
Chris O'Hare [mail to: chrisoharegulfstream @gmail.com]
Re: GS #1835 (Second attempt to obtain this record - Fwd: GS #1830 (morgan letter and
addresses))
I would like to examine the public records which are the address labels created for the purpose of
providing the post ogice with delivery instructions for the transfer of copies of Mayor Morgan's
letter from the Town to each intended recipient.
Dear Chris O'Hare [mail to: chrisohareeulfstreamna email.com],
The Town of Gulf Stream received your public records requests on April 10, 2015. You should
be able to view your original requests at the following links htto://www2.eulf-
stream. ore/ WebLink8 /0 /doc/45294/Pagel.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 numbers.
Although the Town of Gulf Stream's duty 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 information about these records nor do we have an
obligation to create records in response to a public records request. Because this seems to be a
common request from you, for your convenience we will explain why we do not have these
records. We do not make copies of the labels /addresses for mass mailings such as newsletters.
This is a system produced document that is only produced once. On a case by case basis, the labels
may get copied for the ARPB files because it is only handful of addresses versus over 500 labels
for the mass mailing.
If you are still insisting to view the addresses that the letter may have been mailed to, 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.
You have a couple of choices of how we should proceed in producing the documents that you
have requested. One way to produce those records, we would have to gather each account
individually and perform a "print screen" of each account in our database (see the above link to
view the sample). To produce the documents, the Town of Gulf Stream has already spend 15
minutes of our time on this request and estimates the need for an additional 8.5 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). The only other alternative is to request a copy of the database from
Softline Data, our utility billing software, in which they estimate the cost to be $2,500.00 for the
database in its raw form. It is also estimated the Town will need .25 hours of administrative
support at $36.39, 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.
Print Screen Option - (8.5 hours @ 36.39 = 309.32) = Deposit Due: $309.32 in cash or
check.
M
Softline Data Database Option - (.25 hours @ 36.39 = 9.10) + (2,500 flat fee) = Deposit Due:
$2,509.10 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