HomeMy Public PortalAboutPRR 16-2192From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Tuesday, May 24, 2016 8:06 AM
To: Bill Thrasher<bthrasher@gulf-stream.org>; Rita Taylor<RTaylor@gulf-stream.org>
Subject: Public Record Request- Willdan Report -4-28-11
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.
I request to inspect the complete April 28, 2011 Willdan Assessment Methodology Report
and any subsequent revisions, adjustments, amendments or versions of said report.
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 §I 19.07(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, ifso, 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 §I 19.07(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
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
May 26, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2192 (Willdan Report - 4-28-11)
I request to inspect the complete April 28, 2011 Willdan Assessment Methodology Report and any
subsequent revisions, adjustments, amendments or versions ofsaid report.
Dear Chris O'Hare [mail to: chrisoharegulfstream(7a,LRnail.com],
The Town of Gulf Stream received your public records requests on May 24, 2016. You should be
able to view your request at the following link hhtt ://www2.eulf-
stream.org/weblink/O/doc/90905/Pa eg l.asox. In future correspondence, please refer to this public
records request by the above referenced numbers.
The Town estimates that to respond to your request will require .75 hours of administrative support
at $40.51 per hour, the labor cost of the personnel providing the service, 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.
(.75 hours @ 40.51= 30.38) — (.25 hours @40.51=10.13) = Deposit Due: $20.25 in cash or
check
Upon receipt of your deposit, the Town will use its very best efforts to further respond to your
public records request in a reasonable amount of time. If we do not hear back from you within 30
days of this letter, we will consider this closed.
Sincerely, Town Clerk
From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com)
Sent: Thursday, May 26, 2016 8:37 PM
To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>
Subject: Fwd: GS #2192 (Willdan Report - 4-28-11)
Dear Custodian of Records,
Thank you for responding to my request to inspect public records. Please note that in
my request I specifically asked you to:
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 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.
Instead you responded by writing:
The Town estimates that to respond to your request will require... a deposit of
$20.25.
I again ask that you produce for my inspection 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.
I may find the information I seek to inspect in the initial production of records. I intend to
inspect those records and then respond to your deposit request if I chose to inspect the
balance of responsive records.
May I hear from you soon?
Sincerely,
Chris O'Hare
AMENDED
Towle of GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 7, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2192 (Willdan Report - 4-28-11)
I request to inspect the complete April 28, 2011 Willdan Assessment Methodology Report and any
subsequent revisions, adjustments, amendments or versions ofsaid report.
Dear Chris O'Hare [mail to: chrisohareeulfstream(7a,gmail.coml,
The Town of Gulf Stream has received your original record requests dated May 24, 2016. Your
original public records request can be found at the following link: htto://www2.eulf-
stream.ora/weblink/0/doc/90905/Paael.asax. Please refer to the referenced number above with
any future correspondence.
Please allow this letter to amend our previous response. You can find responsive documents by
going to the following link: http://www2.gulf-stream.org/weblink/O/doc/2724/Pagel.aspx.
We consider this request closed.
Respectfully,
Town Clerk, Custodian of the Records