HomeMy Public PortalAboutPRR 15-1976From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Sunday, October 11, 2015 9:42 PM
To: Bill Thrasher <bthrasher@gulf-stream.org>
Subject: Public Record Request - 539 Middle Rd statues
Dear Custodian of Records,
This email is a singular request for a public record. Please respond to this public record
request in a singular manner and do not combine this public record request with any
other public record requests when responding.
Before making this public record request, I first searched the public records portion of
your agency's website hoping I could locate the public record I seek without having to
trouble you for it. Unfortunately I can not find the records I wish to examine.
Background to the request:
The Town Commission recently modified town code section 70-268 (c). At the time of
the adoption of the modification Mayor Scott Morgan, speaking on behalf of the entire
commission and the town manager, stated that this particular section of the town code
was to be enforced without reservation. For your reference, the portions of this section
relative to this record request are copied here:
Sec. 70-268. - Front yard accoutrements.
(c) Prohibited.
Animal yard ornaments, e.g. pink flamingos, ceramic animals visible from the street
Statuary visible from the street
Attached for your additional reference are photos I recently took of three animal yard
ornaments and items of statuary located near the previous sign locations.
I request you provide for my inspection the public record which is:
Any record of permit approval or variance approval or waiver approval issued by
the Town for the three anthropomorphic and three zoomorphic statues (see
attached photos) recently installed in the front yard of the property located at of
539 Middle Rd.
If these records do not exist then please provide any record of the Town's efforts to bring this
property into compliance with the regulations of Town Code Sec.70-268 (c) Prohibited. Animal yard
ornaments... Statuary visible from the street.
I make this request pursuant to Article 1, Section 24 of the Florida
Constitution and Chapter 119 of the Florida Statutes.
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(I)(e) of the Florida Statutes and state in writing and with
particularity the basis for your conclusions as required by 019.070)(f) of the Florida Statutes.
Please take note of U 19.07(l)(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.
Please provide only those records for inspection that do not require extensive use of information technologies or
extensive staff time or both in excess of 15 minutes. Please take note of U 19.07(4)(a)3.(d) Florida Statues and if
you anticipate that any records exist, the production for inspection of which will require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes, then please advise me of the cost
you anticipate to be incurred by your agency prior to incurring this cost. Please do not incur any costs on my behalf
without first obtaining my written authorization to proceed.
If you anticipate the need to incur any costs that I would be statutorily required to pay in order to inspect these
public records which would exceed $1.00 please notify me in advance of your incurring that cost 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. Again, please do not incur any costs on my behalf
without first obtaining my written authorization to proceed.
I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes.
All responses to this public records request should be made in writing to the following email address:
chrisohareeulfstream a email.com
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 14, 2015
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #1976 (539 Middle Rd statues)
Any record of permit approval or variance approval or waiver approval issued by the Town for
the three anthropomorphic and three zoomorphic statues (see attached photos) recently installed
in the front yard of the property located at of 539 Middle Rd.
Dear Chris O'Hare [mail to: chrisohare¢ulfstreamaacnail.coml,
The Town of Gulf Stream has received your public records request dated October 11, 2015.
Your original public records request can be found at the following link htto://www2.gulf-
stream.ore/weblink/0/doc/67609/Pagel.asox. Please refer to the referenced number above with
any future correspondence.
Please be advised that no such records exist.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records