HomeMy Public PortalAboutPRR 16-2182From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Saturday, May 14, 2016 11:26 AM
To: Bill Thrasher<bthrasher@gulf-stream.org>; Rita Taylor<RTaylor@gulf-stream.org>
Subject: Public Record Request - ORD 16/02 signed ordinance and communication
Dear Custodian of Records,
I request to inspect certain public records for the purpose of informing myself of the
historic and current workings of the Town of Gulf Stream and its associated entities,
vendors, consultants, advisers, contractors and agents.
The records I wish to inspect may be material to current, anticipated or presently
unforeseen legal action. The production of any and all responsive records is
therefore urgent and must be acted upon in compliance with Florida Statutes and
established case law as soon as possible.
Before making this public record request, I first searched online and in the public
records portion of your agency's website hoping I could locate the public records I seek
without having to trouble you for it. Unfortunately I cannot find the records I request to
inspect. Therefore I am writing you now and requesting you make every effort as
required by law to produce these public records without delay.
If you are not the custodian of the public records described herein please determine
who that person is and notify me immediately in order that I may make this request to
the appropriate person without delay. In all cases please reference Florida Statutes and
appropriate case law when responding to this record request.
Please read this entire request carefully and respond accordingly.
This email is a singular request for public records. 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.
Do NOT produce any records other than records responsive to this request.
Please identify by name the person or persons responding to this request.
If the records I seek are in the custody of an entity under contract with your agency
please contact that entity, inform them of their obligations under Florida Statute 119 and
produce any responsive records in their custody.
As background to the request I call your attention the May 13, 2016 adoption on
second reading of Town of Gulf Stream Ordinance 16/02 regulating solar panels
on residential roofs.
I request to inspect the public record which is adopted ordinance 16/02 that bears
the signatures of Town Commissioners.
I also request to inspect any communication between the Town and any of the
Town's various attorneys in which the subject matter of the requested
communication was wholly or partially related to this ordinance.
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(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. Produce
for my inspection all responsive records and ONLY redact that portion of the record that
you consider exempt. To be clear, if you consider an entire record to be exempt,
produce that record in its entirety with all portions redacted that you consider exempt. I
specifically ask you to do this in order that I may inspect fully redacted records for the
purpose of challenging a particular redaction or establishing a reference for a future
request of a record that is only temporarily exempt, as in the case of a public record that
was prepared by an agency attorney exclusively for litigation and is only exempt from
disclosure until the conclusion of the litigation.
Please take note of §119.07(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, if so, the location at
which the record can be accessed." I am, therefore, requesting that you
notify every individual and entity in possession of records that may be responsive to this
public records request, including individuals and entities under contract with your
agency, to preserve and produce all responsive records on an immediate basis.
If the public records being sought are maintained by your agency, or contactors for 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)(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 produce only a
portion of all existing responsive records, please tell me that your response includes
only a portion of all existing records responsive to this request.
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 when 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 as 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@gmaii.com
Bill Thrasher
From: Randolph, John C. <1Randolph@jonesfoster.com>
Sent: Tuesday, March 29, 2016 1:32 PM
To: Bill Thrasher
Cc: Rita Taylor, Kelly Avery
Subject: Ordinance No. 16/02
Attachments: 1 OY9028.pdf
Dear Bill,
Pursuant to the direction of the ARPB, I have modified Ordinance No. 16/02 in the manner and form
attached. Primarily, I have modified the title so as to distinguish those sections which relate specifically to the
prohibition of solar panels facing the street or waterway, and Section 71-7, relating to multi -family residential
design guidelines which prohibit glazed skylights or solar panels visible from the street or waterway.
I trust this is in accordance with the direction of the ARPB and that this ordinance is ready for consideration by
the Town Commission at its meeting on April 8.
Please do not hesitate to contact me if you have any comments or questions relating to this matter.
JOHN C. RANDOLPH
JONESFOSTER
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandoll2h0iionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.jonesfoster.com
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ORDINANCE NO. 16/02
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM,
PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES
AT CHAPTER 70, GULF STREAM DESIGN MANUAL; ARTICLE V, AREA WIDE
STANDARDS; DIVISION 1, GENERAL ARCHITECTURAL STANDARDS; SECTION 70-
99, ROOF DESIGN AND SLOPE MATERIALS, SO AS TO PROHIBIT SOLAR PANELS
FACING THE STREET OR WATERWAY; FURTHER AMENDING CHAPTER 70 AT
ARTICLE VII, PREDOMINANT ARCHITECTURAL STYLES; DIVISION 2, SPANISH
MEDITERRANEAN REVIVAL STYLE; SECTION 70-218, ROOFS, SO AS TO PROHIBIT
SOLAR PANELS FACING THE STREET OR WATERWAY; FURTHER AMENDING
CHAPTER 70 AT ARTICLE VII, PREDOMINANT ARCHITECTURAL STYLES; DIVISION
3, GULF STREAM -BERMUDA STYLE; SECTION 70-238, ROOFS, SO AS TO PROHIBIT
SOLAR PANELS FACING THE STREET OR WATERWAY; AMENDING CHAPTER 71,
GULF STREAM DESIGN MANUAL RM WEST AND RM EAST MULTIPLE -FAMILY
RESIDENTIAL DISTRICTS; SECTION 71-7, MULTIPLE -FAMILY RESIDENTIAL DESIGN
GUIDELINES, SO AS TO PROHIBIT GLAZED SYKLIGHTS OR SOLAR PANELS VISIBLE
FROM THE STREET OR WATERWAY; AMENDING CHAPTER 66, ZONING; ARTICLE I,
IN GENERAL; SECTION 66-1, DEFINITIONS, 50 AS TO INCLUDE THE DEFINITION OF
"WATERWAY"; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM
BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at
Chapter 70, Gulf Stream Design Manual, Article V, Division 1, General Architectural Standards,
Section 70-99, Roof Design, Slope and Materials, to read as follows (eliminated language is
StFirkee thFOugh and added language is underlined):
Sec. 70-99. Roof design, slope and materials.
(3) Prohibited.
Asphalt shingles except on existing polo cottages and homes with existing asphalt or
wood shingles
Bright, unnaturalistic-looking roof material
Flat roofs visible over ten percent of total roof area, except when used at peaks to
reduce roof massing
Gambrel roofs
Glazed skylights on the streetside
Inconsistent roofing materials visible from the exterior of the property, except approved
accent materials
Mansard roofs
Metal roofs (except unpainted copper when used as a decorative accent or on minor
accessory structures)
Non-earthtone colors (except white), for example: blue, peach, pink, teal or yellow
Primary color tiles and shingles
Roll tile and similar tile styles in all districts except Place Au Soleil
S -Tile in all districts except Place Au Soliel
Solar panels facing ea the streetside-or waterwav
Unnecessarily complex or monolithic roof design
All white tile other than flat cement tile
Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at
Chapter 70, Gulf Stream Design Manual, Article VII, Division 2, Spanish- Mediterranean Revival
Style Architectural Standards, Section 70-218, Roofs, to read as follows (eliminated language is
stFieken thFOugh and added language is underlined):
Sec. 70-218. Roofs.
(d) Prohibited.
Flat roofs visible over ten percent of total roof
Gambrel roofs
Glazed skylights on the streetside
Mansard roofs
Non-earthtone colored tile
Shingles
Solar panels facing erg the streetside-or waterwav
Section 3. The Code of Ordinances of the Town of Gulf Stream is hereby amended at
Chapter 70, Gulf Stream Design Manual, Article VII, Division 3, Gulf Stream -Bermuda Style,
Section 70-238, Roofs, to read as follows (eliminated language is WiFkeR thFaueh and added
language is underlined):
Sec. 70-238. Roofs.
(d) Prohibited.
Barrel Tiles
Front gable except for entry features
Gambrel
Mansard
Monolithic roof design where inadequate measures were taken to reduce
massing and height of roof design
Pan tiles
Shed
Shingles
Tiles other than white flat untextured tile or gray slate tiles
Unnecessarily complex roof geometry
Solar panels facing the street or waterway
Section 4. The Code of Ordinances of the Town of Gulf Stream is hereby amended at
Chapter 71, Gulf Stream Design Manual RM West and RM East Multiple -Family Residential
Districts, Section 71-7, Multiple -Family Residential Design Guidelines, to read as follows
(eliminated language is StFiekeR thFaugh and added language is underlined):
Sec. 71-7. Multiple -family residential design guidelines.
(c) Roof design, slope and materials.
(4) Prohibited.
• Flat roofs visible over 25 percent of the total roof area, except where
used to reduce roof massing.
• Gambrel roofs
• Mansard roofs
• Shed roofs over 25 percent of total roof area
• Asphalt shingles
• Roofing with typical commercial roof styles and roofs containing
unnatural looking materials
" G l a z e d s k y l i g h t s o r s o l a r p a n e l s v i s i b l e f r o m t h e s t r e e t o r w a t e r w a y
" N o n - e a r t h t o n e c o l o r s ( e x c e p t w h i t e f o r c e m e n t t i l e s )
" M e t a l r o o f s e x c e p t f o r a n a p p r o p r i a t e a r c h i t e c t u r a l s t y l e o r u n p a i n t e d
c o p p e r w h e n u s e d a s a d e c o r a t i v e a c c e n t o r o n a m i n o r a c c e s s o r y
s t r u c t u r e
" R o l l t i l e a n d / o r s i m i l a r t i l e s t y l e s
" "