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Home My Public Portal AboutPRR 15-2068Rita Taylor From: lou.roeder@gmail.com on behalf of Lou Roeder <lou@louroeder.com> Sent: Friday, November 27, 2015 12:58 PM To: Rita Taylor Cc: Kelly Avery; Chris O'Hare Subject: URGENT - Public Record Request - Inspections greater than 180 days apart ATTENTION: Custodian of Public Records for the Town of Gulf Stream, FL THE RECORDS REQUESTED ARE NEEDED AS PART OF DISCOVERY IN AN ACTIVE, UPCOMING CODE VIOLATION PROCEEDING SCHEDULED FOR DEC. 4, 2015. THE TIMELY EXAMINATION OF ALL RESPONSIVE RECORDS IS ESSENTIAL TO MY CLIENT PREPARING AN ADEQUATE DEFENSE TO THIS PROCEEDING. PLEASE PROVIDE THESE RECORDS FOR OUR INSPECTION NO LATER THAN TUESDAY, DEC. 1, 2015. In regard to the sequence of responding to any public record requests, please respond to this request before any of my client's previous requests that are not related to the upcoming Dec. 4th Code Enforcement Hearing. Please take note, that before making this public record request, my client first searched the public records on the Town's website hoping to locate the sought-after public records without having to trouble you for it. Unfortunately he can not find the sought-after records. I request you provide for our inspection the public records which are: The inspection record for permit number 803017092 and subsequent sub permits under this permit (during the time period between when the permit was issued on July 3, 2003 and when a Certificate of Occupancy was issued for this permit on May 15, 2008) which contain the date of each inspection. The most recent inspection records for three different* construction permits for properties in the Town of Gulf Stream which contain the date of each inspection where the time between any two inspection dates exceeded 180 days. * Different from each other and different from 803017092. This request Is made pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes. 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 to this request. If the sought-after records once existed and have since been destroyed, please provide the disposition record associated with their destruction. 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 5119.070 )(e) of the Florida Statutes and state in writing, with particularity, the basis for your conclusions as required by 5119.07(1)(f) of the Florida Statutes. Please take note of 6119.070)(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 5119.01(2)(f). 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. Take note of 4119.07(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 provide those records that can be produced within the first 15 minutes and advise me of the cost you anticipate to be Incurred by your agency for the remaining records prior to incurring this cost. Please do not incur any costs on behalf of my client 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 in the aggregate, please notify me in advance of you incurring that cost, with a written estimate of the total cost; and make 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. My client hereby reserves all rights granted to him under the Florida Constitution and Florida Statutes. All responses to this public records request should be made in writing to the following email address: lou((D-Iouroeder.com. Louis Roeder Attorney at Law Phone: 407-758-4194 Email: lou(a)louroeder.com Address: 7414 Sparkling Lake Road, Orlando, FL 32819 ONFlDENTIAL/TYNOTE. This email message and any attachments may cauain confidential, privileged and non -disclosable information. The information is intended onlyfor the use of the individual or entity named on this email /fyou are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this email information, is strictly prohibited and that the documents should be returned to the sender immediately. /fyou have received this entail in error or by accidental transmission, please notify the sender by return entail immediately, delete all electronic copies ofthis entail and all attachments and destroy all hard copies. Thank you. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 30, 2015 Lou Roeder [mail to: lou@louroeder.com] Re: GS #2068 (URGENT - Public Record Request - Inspections greater than 180 days apart) (1) The inspection record for permit number B03017092 and subsequent sub permits under this permit (during the time period between when the permit was issued on July 3, 2003 and when a Certificate of Occupancy was issued for this permit on May 15, 2008) which contain the date of each inspection. (2) The most recent inspection records for three different* construction permits for properties in the Town of Gulf Stream which contain the date of each inspection where the time between any two inspection dates exceeded 180 days. *Different from each other and different from B03017092. Dear Lou Roeder [mail to: lou(i0ouroeder.coml, The Town of Gulf Stream has received your a public records request dated November 27, 2015. Your original public records request can be found at the following link httD://www2.eulf- stream.ore/weblink/O/doc/73367/Pagel.ast)x. Please refer to the referenced number above with any future correspondence. Please be advised that the Town of Gulf Stream does not perform the inspections on construction. For part 1 of your request, you will need to contact Palm Beach County Building Department at 561-355-2222. For part 2 of your request, you would need to contact Delray Beach Building Department at 561-243-7200. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Saturday, December 5, 2015 10:55 PM To: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Request for Clarification - Fwd: Revised -Urgent - Public Record Request - inspections greater than 180 days apart Dear Custodian of Records, I recently sent you a record request by email on Nov. 27, 2015 (forwarded herein). The email came back to me with the following message: -- Tdefollowing addresses had permanent fatal errors — <btit rash er(a),eulf-stream.ore> (reason: 550 5.7.1 Message rejected as spam by Content Filtering.) I then asked Mr. Lou Roeder to send this record request on my behalf. He did so that same day. You replied to him on Nov. 30, as follows: Please be advised that the Town of Gulf Stream does not perform the inspections on construction. For part 1 of your request, you will need to contact Palm Beach County Building Department at 561-355-2222. For part 2 of your request, you would need to contact Delray Beach Building Department at 561-243-7200. Please clarify that you do not have these records and the only source to inspect these records are agencies other that the Town of Gulf Stream. Sincerely, 187s'Til7iy•. M TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 5, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS # 2068 (Request for Clarification -Revised -Urgent - Public Record Request - inspections greater than 180 days apart) (1) The inspection record for permit number 803017091 and subsequent sub permits under this permit (during the time period between when the permit was issued on July 3, 2003 and when a Certificate of Occupancy was issued far this permit on May 15, 2008) which contain the date of each inspection. (1) The most recent inspection records for three different* construction permits for properties in the Town of Gulf Stream which contain the date of each inspection where the time between any two inspection dates exceeded 180 days. *Different from each other and differentfrom B03017092. Dear Chris O'Hare [mail to: chrisohareeulfstream(7a,gmail.coml, The Town of Gulf Stream has received your request for clarification dated December 5, 2015. Your original public records request and clarification can be found at the following link http://www2.gulf-stream.ore/weblink/O/doc/73367/Pagel.asvx. Please refer to the referenced number above with any future correspondence. The Town responds that we have no such records. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records