HomeMy Public PortalAboutPRR 16-2088From: Chris O'Hare[mailto:chrisoharegulfstream@gmail.com]
Sent: Sunday, January 10, 2016 10:28 PM
To: Bill Thrasher <bthrasher@gulf-stream.org>
Subject: Re: Public Record Request morgan - no metal roofs
bthrasher@gulf-stream.org
On Sun, Jan 10, 2016 at 10:25 PM, Chris O'Hare <chrisoharegulfstream n,Pnail.com> wrote:
Dear Custodian of Records,
This email is a singular request for a public record in the custody of the Town of Gulf
Stream. 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.
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.
I request you provide for my inspection the public record which is:
The most recent communication from Scott Morgan related to proposed changes
to the Town's zoning code where Morgan writes "no metal roofs, no metal roofs,no
metal roofs", or something similar.
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 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 §119.070)(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 6119.01(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 $119.07(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 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.
The phrase Town of Gulf Stream used herein refers to the Town in its entirety including
all employees, appointees, officials, assignees, counsel and consultants including Town
Manager, Town Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town
Departments, Town Police Officers, Town Employees, Town Engineer, the law firm
(Jones Foster Johnston & Stubbs P.A.) that claims to be the Town Attorney including all
attorney, partner and employee members of that firm; the Town Counsel of Sweetapple,
Broeker & Varkus including all attorney, partner and employee members of that firm, the
Town Counsel of Richman Greer, P.A. including all attorney, partner and employee
members of that firm and any other entity associated with the Town and subject to
public records law.
The term public records used herein has the same meaning and scope as the definition
of Public records adopted by the Florida Legislature as Statutes Chapter 119. A record
that does not exist because of its disposition requires the creation of a disposition
record. In all instances where you determine a record does not exist please determine if
the record once existed and in its stead provide the disposition record for my inspection.
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(ftmail.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
January 12, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2087 (vehicle parking at Town Hall), 2088 (no metal roofs)
(1) The most recent agreement between the Town and any other entity which provides for that
entity to park commercial vehicles on Town property, specifically the lot identified in Palm Beach
County records as PCN 20434534140000020 and known locally as both Gttlf Stream Town Hall
and 100 Sea Road.
(2) The most recent payment to the Town made in exchange for the right to park commercial
vehicles on Town property.
(3) The most recent payment made to any individual in exchange for the right to park commercial
vehicles on Town property.
(4) The record of the Town Commission instnicting the Town Manager and/or Chief of Police to
only enforce Ordinance 1411 and/or 1511 against certain citizens and to exempt others from the
same enforcement.
(5) Any application for, and fee schedule for, parking vehicles overnight on Town Hall property.
The most recent communication from Scott Morgan related to proposed changes to the Town's
zoning code where Morgan writes "no metal roofs, no metal roofs, no metal roofs", or something
similar.
Dear Chris O'Hare [mail to: chrisoharegulfstreamAgmail.cowl,
The Town of Gulf Stream has received your public records requests dated January 10, 2016. The
original public record requests can be found at the following links: htty://www2.gulf-
stream.ore/weblink/O/doc/75796/Pagel.asox and h—q://www2.gulf-
stream.org/weblink/0/doc/75798/Pagel.asi)x. 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
February 12, 2016
Chris O'Hare [mail to: chrisoharegul£stream@gmail.com]
Re: GS # 2088 (no metal roofs)
The most recent communication from Scott Morgan related to proposed changes to the Town's
zoning code where Morgan writes "no metal roofs, no metal roofs,no metal roofs", or something
similar.
Dear Chris O'Hare [mail to: chrisohareeulfstream(d),email.coml,
The Town of Gulf Stream has received your original record requests dated January 10, 2016.
Your original public records request can be found at the following link http://www2.culf-
stream.ore/weblink/O/doc/75798/Pagel.asox. Please refer to the referenced number above with
any future correspondence.
The Town has devoted extensive clerical and supervisory assistance, well in excess of 15
minutes, trying to gathering records responsive to your request and believes in good faith that
there are no such responsive records indicating the given phrase in the record request.
Accordingly, in order to ensure that no record has been overlooked, the Town estimates that it
will take at least one additional 1 hour of administrative support at $40.51 per hour, the labor
cost of the personnel providing the service, and will require a deposit from you in that amount
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.
(1 hours @ 40.51= 40.51) = Deposit Due: $40.51 in cash or check.
If we do not hear back from you within 30 days of this request, we will consider this matter
closed.
Sincerely,
Town Clerk, Custodian of the Records
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From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Monday, March 14, 2016 5:22 PM
To: Bill Thrasher <bthrasher@gulf-stream.org>
Subject: Fwd: GS # 2088 (no metal roofs)
Dear Custodian of Records,
You may recall that on January 10, 2016 I asked you to produce a public record for my
inspection. I asked to inspect a record written by Mayor Morgan in which he wrote the phrase
"no metal roofs, no metal roofs,no metal roofs", or something similar.
On January 12, 2016 you responded, "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. "
On February 12, 2016 you responded that you had, "devoted extensive clerical and supervisory
assistance, well in excess of 15 minutes, trying to gathering records responsive to (my) request
and believes in good faith that there are no such responsive records indicating the given phrase
in the record request. "
You responded further by writing "Accordingly, in order to ensure that no record has been
overlooked, the Town estimates that it will take at least one additional I hour ofadministrative
support at $40.51 per hour, the labor cost of the personnel providing the service, and will
require a deposit from you in that amount. "Your response is forwarded herein for your
reference.
I paid the requested deposit of $40.51 on Friday, March 11, 2016 in advance of you performing
this work.
May I hear from you soon in regard to inspecting this record?
Sincerely,
Chris O'Hare
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 15, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2088 (no metal roofs)
The most recent communication from Scott Morgan related to proposed changes to the Town's
zoning code where Morgan writes "no metal roofs, no metal roofs, no metal roofs", or something
similar.
Dear Chris O'Hare [mail to: chrisohareeulfstream(a,email.coml,
Thank you for your deposit of $40.51, check #1109, for the public record requests described
above, received by the Town on March 11, 2016. The original request can be found at the
following link: http://www2.gulf-stream.ore/weblink/O/doc/75798/Pagel.aspx.
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 further 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
March 18, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS # 2088 (no metal roofs)
The most recent communication from Scott Morgan related to proposed changes to the Town's
zoning code where Morgan writes "no metal roofs, no metal roofs, no metal roofs", or something
similar.
Dear Chris O'Hare [mail to: chrisohareaulfstream(a,email.coml,
The Town of Gulf Stream has received your original record request dated January 10, 2016.
Your original public records request can be found at the following link http://www2.aulf-
stream.ora/weblink/0/doc/75798/Pagel.aspx. Please refer to the referenced number above with
any future correspondence.
After a continued search for the records, we are standing by our original response of no such
record exists. We only utilized a half hour of additional search and are returning the remainder
of your deposit in the amount of $20.26 which you should receive in the next few days. We are
also returning your additional check (26306) within that envelope.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records