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Home My Public Portal AboutPRR 15-2006Kelly Avery From: Chris O'Hare<chrisoharegulfstream@gmail.com> Sent: Sunday, October 18, 2015 1:11 PM To: Bill Thrasher Subject: Public Record Request - sign at 1255 n ocean Attachments: 1255 N Ocean Blvd.jpg 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: I previously brought to the attention of Town Manager Thrasher the installation of a sign installed in the right-of-way west of the property located at 1255 N. Ocean Blvd. Attached for your reference is photo I took on October 10, 2015 of that same sign. Copied here for your additional reference as it relates to this record request is a portion of Florida Statute 337.406(1): FS 337.406 Unlawful use of state transportation facility right-of-way; penalties.— (1) ...it is unlawful to make any use of the right-of-way of any state transportation facility, ...outside of an incorporated municipality in any manner that interferes with the safe and efficient movement of people and property from place to place on the transportation facility.... Such prohibited uses include, but are not limited to .... solicitation for... sale, of any... property...; ... Local government entities may issue permits of limited duration for the temporary use of the right-of-way of a state transportation facility for any of these prohibited uses if it is determined that the use will not interfere with the safe and efficient movement of traffic and the use will cause no danger to the public. The permitting authority granted in this subsection shall be exercised by the municipality within incorporated municipalities... Local governmental entities may, within their respective jurisdictions, initiate enforcement action by the appropriate code enforcement authority or law enforcement authority for a violation of this section. I request you provide for my inspection the public record which is: Any record of the Town's efforts to bring the property located 1255 N Ocean Blvd into compliance with the regulations of Town Code Sec.66-448 (d) All signs on properties shall be set back ten (10) feet from any property line on the property on which the sign is placed, since the time this condition was brought to the attention of the Town Manager. For the purpose of clarifying this request please see the attached photo of a real estate sign in the right-of-way adjacent to 1255 N Ocean Blvd. If the Town does not enforce or regulate the placement of signs in the right-of-way of state roads, as previously stated to Judge Middlebrooks by Town Manager Thrasher, please provide the record of the document used by the town to make that determination. If the Town has issued a permit for the installation of this sign, as provided by Florida Statute 337-406(1) (copied above for your reference) please provide a copy of that permit. 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 S 119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 6I 19.07(1)(f) of the Florida Statutes. Please take note of 5119.07(1)(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 maybe 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 5119.01(2)(8. 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 5119.070)(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 fust 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: chrisoharegulfstream n zmail.com § ,f TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 21, 2015 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #2006 (sign at 1255 n ocean) Any record of the Town's efforts to bring the property located 1255 N Ocean Blvd into compliance with the regulations of Town Code Sec. 66448 (d) All signs on properties shall be set back ten (10) feet from any property line on the property on which the sign is placed, since the time this condition was brought to the attention of the Town Manager. For the purpose of clarifying this request please see the attached photo of a real estate sign in the right-of-way adjacent to 1255 N Ocean Blvd. If the Town does not enforce or regulate the placement of signs in the right-of-way of state roads, as previously stated to Judge Middlebrooks by Town Manager Thrasher, please provide the record of the document used by the town to make that determination. If the Town has issued a permit for the installation of this sign, as provided by Florida Statute 337-406(1) (copied above for your reference) please provide a copy of that permit. Dear Chris O'Hare [mail to: chrisoharegulfstream(a),email.coml, The Town of Gulf Stream has received your public records request dated October 18, 2015. Your original public records request can be found at the following link http://www2.gulf- stream.ore/weblink/O/doc/68576/Pa eg 1_aspg. 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