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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 Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 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 " Glazed skylights or solar panels visible from the street or waterway " Non-earthtone colors (except white for cement tiles) " Metal roofs except for an appropriate architectural style or unpainted copper when used as a decorative accent or on a minor accessory structure " Roll tile and/or similar tile styles " "S" shaped tiles " Parapet treatments " Steep slopes over 45 or 1:1 slope " Very low pitched roofs (less than 18 or 4:12 slopes) " Unnecessarily complex or monolithic roof design +ssst Section 5. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning, Article I, Section 66-1, Definitions, to read as follows: Section 66-1. Definitions. Waterway shall mean any permanent body of water including the Intracoastal Waterway, Atlantic Ocean, canals, coves and basins. Section 6. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 7. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 8. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 9. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this day of 2016, and for a second and final reading on this day of 2016. Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: Clerk p:\docs\13147\00001\d OC\1oy9028.doc Kelly Avery From: Matias, Sally <SMatias@jonesfoster.com> Sent: Tuesday, March 29, 2016 2:11 PM To: Rita Taylor Subject: Ordinance No. 16/02 Attachments: 1OY9028-ordinance 16 02.DOC Revised ordinance attached. I changed the font and added the page numbering at the bottom. It is formatted for 8-1/2 x 14 JONES FOSTER JOHNS] ON &51 ctsas, P.A. Sally Matias Secretary to John C. Randolph and H. Nlichael Easlel` Direct Dial: 561.650.0458 1 rax: 561.650.5300 1 smatias 'onesfoster.com Jones, roster, Johnston & Stubbs, P.A. rlagler Center Tower, 505 South rlagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copy7ng of this email is prohibited. Please immediately notify us by email and delete the original message. ORDINANCE NO. 16102 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, SO 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 strickeR through 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 on the streetside-or waterway 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 stF*GkeR through 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 era the streetside-or waterway 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 StrerkPR !hre,- and added language is underlined): Sec. 70-238. Roofs. (d) Prohibited. Barrel Tiles 2 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 waterwav 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 strieke^ through 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 • Glazed skylights or solar panels visible from the street or waterway • Non-earthtone colors (except white for cement tiles) 191 " Metal roofs except for an appropriate architectural style or unpainted copper when used as a decorative accent or on a minor accessory structure " Roll tile and/or similar tile styles " "S" shaped tiles " Parapet treatments " Steep slopes over 45 or 1:1 slope " Very low pitched roofs (less than 18 or 4:12 slopes) " Unnecessarily complex or monolithic roof design Section 5. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning, Article I, Section 66-1, Definitions, to read as follows: Section 66-1. Definitions. Waterway shall mean any permanent body of water including the Intracoastal Waterway, Atlantic Ocean, canals coves and basins Section 6. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 7. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 8. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 9. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. 0 PASSED AND ADOPTED in a regular, adjourned session on first reading this day of 2016, and for a second and final reading on this day of , 2016. ATTEST: Clerk p:\docs\13147\00001 \doc\1 oy9028.doc Mayor Vice Mayor Commissioner Commissioner Commissioner 5 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 17, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #2182 (ORD 16/02 signed ordinance and communication) As background to the request I call your attention the May 13, 2016 adoption on second reading of Town of Gulf Stream Ordinance 16102 regulating solarpanels on residential roofs. I request to inspect the public record which is adopted ordinance 16102 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 orpartially related to this ordinance. Dear Chris O'Hare [mail to: chrisohareculfstream(a),gmail.coml, The Town of Gulf Stream has received your original record requests dated May 14, 2016. Your original public records request can be found at the following link: htto://www2.gulf- stream.ore/weblink/O/doc/90660/Pagel.asnx. Please refer to the referenced number above with any future correspondence. You will find responsive documents by going to the same above link and the ordinance can be found at the following link: htty://www2.gulf-stream.org/weblink/O/doc/90665/Pagel.ast)x. You will also find the documented verbal communication by going to the ARPB meetings starting from January 2016 through April 2016 and the April 2016 & May 2016 Town Commission meetings at the following link: httos://www.voutabe.com/channeWCvJTien2HMOSbss- CYOozdO/feed?view as=Public. We consider this closed. Respectfully, Town Clerk, Custodian of the Records