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Home My Public Portal AboutPRR 16-2201From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Sunday, May 29, 2016 5:31 PM To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org> Subject: Public Record Request - ballot measure - 530 Middle Rd 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 anc 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 write you directly. 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. I ask that you take the following action: • Read this entire request carefully and respond accordingly. • 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. • Reference Florida Statutes and appropriate case law when responding to this record request. • Do NOT produce any records other than records responsive to this request. • Identify by name the person or persons responding to this request. • Respond to this public record request in a singular manner and do not combine this request with any other public record requests when responding to this request. • Once you have determined that you do or don't have any records in your custody responsive to this request, immediately act to obtain any responsive records that may be in the custody of your contractor(s). 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 As background to this request I call your attention to the ballot measure (also known as the "straw ballot" which was mailed or otherwise delivered to certain Town residents regarding the proposed undergrounding of utilities on the east side of the Town of Gulf Stream. I request to inspect the public records which are: 1. The ballot and any documents accompanying the ballot that was sent to 530 Middle Rd concerning the proposed undergrounding of utilities. 2. The returned ballot from 530 Middle Rd concerning the proposed undergrounding of utilities. 3. The check that was paid to the Town for the special assessment against 530 Middle Rd for the proposed undergrounding of utilities. 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. I ask you to 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. Again I ask that you 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 6119.07(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 replacement 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(aD-gmail.com z �t w \(z @ w /LU rz to k § fin \ ) �r Z— ,— z ) k { k \ ) [ o /P o S / ka 05 z0 PPTO 4 p� 9| 075 LL �® LU z � z 4 / $_} / Q E � LL\. ■e_ \ \ § / 0 � > PQw . �� c IDA FATE MENTO STA DEPARTMENT OF STATE RECORDS DISPOSITION REQUEST 18 d. Retention e. Inclusive NO. niviaicnnf Lmrar.. and 10774.93 Reaourcaa Fcrm LSSEtmRa�93 Schedul PAGE 1 O� PAGES 1. AGENCY 2. DIVISION 3. BUREAU TOWN OF GULF STREA4 TOWN CLERK e Item 4. ADDRESS (Street, City, and Zip Code) 5. CONTACT (Name and Telephone Number) 100 Sea Road, Gulf Stream, FL 33483 Rita Taylor 561-276-5116 SUBMITTO: 6. SUBMITTED BY: I hereby certify that the records to be disposed of are correcth represented below, that any audit requirements for the records have been fully Florida Department of State justified, and that further retention is not required for any litigation pending or Bureau of Archives and Records Management imminent. Mail Station A GS -3 The Capitol Signaa�t��yrrr�� Dale Tallahassee FL 32399-0250 /� 4 /( \/ 1-31-13 Name and T�it�ea Taylor , Town Clerk 7. BUREAU OF ARCHIVES & RECORDS MANAGEMENT REVIEW 8. NOTICE OF INTENTION (FOR DIVISION USE ONLY) The scheduled records listed in Item 9 are to be disposed of in the manner checkec Landfill below (specify only one): TECHNICIAN Qualifying Records -Candidate REVIEW x a. Destruction _b. Microfilming and Destruction ANALYST 1-31-13 REVIEW _c. Other ARCHIVIST REVIEW .12 SUPERVISOR REVIEW Correspondence, Adm. (read file) a. b. c. Title d. Retention e. Inclusive I. Volume g. Disposition Schedul Item (Division Use Dates in Cubic Action and Date e Item No. Only) Feet Completed After Authorization GS -3 10 Ballots, Official Local: Undergrounding Utilities (Spec. non -ad valorum assmt) 2-7-11 .36 Landfill GSl-SL 16 Qualifying Records -Candidate 3-1996/ 1-31-13 3-2002 .12 17 Correspondence, Adm. (read file) 1-1-05/ 12-31-09 .16 28 Phone Records -Long Dist. (Fax) 10-1-06/ 12-31-09 .06 713id Records:Cap. Lnpr.(Unsuccessful Bid) 1-1-86/ 1 12-31-07 .06 89 'Calendars 1-1-06/ 12-31-08 .02 124 Monthly Police Activity Reports- 1-1-97/ Operational & Statistical Reports 12-31-06 .09 229 Ordinance Supporting Doc. (Zoning Code 1-1-94/ Amendments 12-31-00 .45 Vj 252 Arch./Bldg. Plass. Resid.-ARPB Review Thru 1995 5.48 GS6 6 Building Plans Resid. 1985/9-30-97 12.1 •.NOTE:.FOR CONTINUATION USE Form LSSEl08' 10. DISPOSAL AUTHORIZATION (FOR DIVISION USE ONLY) 11. DISPOSAL CERTIFICATE. The above listed records have been disposed of in Disposal for the above listed records is 66thotized: Any deletions or Indicated. the ma r and on the gate shown in column g, modifications are Date Director, Division of Library Date 1-371 Rita L. Taylor, Town Clerk and Information Services Name rfrf Title% -I "' TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 1, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #2201 (ballot measure - 530 Middle Rd) As background to this request I call your attention to the ballot measure (also known as the "straw ballot" which was mailed or otherwise delivered to certain Town residents regarding theproposed undergrounding of utilities on the east side of the Town of Gulf Stream. I request to inspect the public records which are: (1) The ballot and any documents accompanying the ballot that was sent to 530 Middle Rd concerning the proposed undergrounding ofutilities. (2)The returned ballot from 530 Middle Rd concerning the proposed undergrounding of utilities. (3) The check that was paid to the Town for the special assessment against 530 Middle Rd for the proposed undergrounding of utilities. Dear Chris O'Hare [mail to: chrisohareeulfstreamla,email.coml, The Town of Gulf Stream has received your original record requests dated May 29, 2016. Your original public records request can be found at the following link: htt7p://www2.gulf- stream.ore/weblink/O/doc/91129/Pasel.awxx. Please refer to the referenced number above with any future correspondence. You will find the responsive documents by going to the same above link. We consider this closed. Respectfully, Town Clerk, Custodian of the Records From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Wednesday, June 01, 2016 5:51 PM To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org> Subject: follow up - asking again - Fwd: GS #2201 (ballot measure - 530 Middle Rd) Dear Custodian of Records, Thank you for your timely response to my recent request to inspect records in your custody (attached for your reference). I asked you for: (1) The ballot and any documents accompanying the ballot that was sent to 530 Middle Rd concerning the proposed undergrounding of utilities. (2) The returned ballot from 530 Middle Rd concerning the proposed undergrounding of utilities. (3) The check that was paid to the Town for the special assessment against 530 Middle Rd for the proposed undergrounding of utilities. I followed the link to the URL page were you said I would find records responsive to my request but all I found was: A SECOND AND FINAL NOTICE FOR PREPAYMENT containing a handwritten note that reads, ck 3093. A hand written note from the Taylor Family A RECORDS DISPOSITION REQUEST submitted to the Bureau of Archives and Records Management. The public records which are the ballot, the returned ballot, and the check paid to the Town were not provided. Why? Please produce responsive records that I originally requested that are not listed on the RECORDS DISPOSITION REQUEST form. Please produce for my inspection the signed authorization by the Director of the Division of Library and information Services or by anyone authorized by the director to grant such authorization of the above mentioned RECORDS DISPOSITION REQUEST form. May I hear from you soon? 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Supplemental TOWN OF GULF STREAM PALM BEACH COIJNTY, FLORIDA Delivered via e-mail June 7, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #2201 (ballot measure - 530 Middle Rd) As background to this request I call your attention to the ballot measure (also known as the "straw ballot" which was mailed or otherwise delivered to certain Town residents regarding the proposed undergrounding of utilities on the east side of the Town of Gulf Stream. I request to inspect the public records which are: (1) The ballot and any documents accompanying the ballot that was sent to 530 Middle Rd concerning the proposed undergrounding of utilities. (2)The returned ballot from 530 Middle Rd concerning the proposed undergrounding of utilities. (3) The check that was paid to the Town for the special assessment against 530 Middle Rd for the proposed undergrounding of utilities. Dear Chris O'Hare [mail to: chrisohareeulfstream(ia gmail.coml, The Town of Gulf Stream has received your original record requests dated May 29, 2016, which we responded to on June 1, 2016. Your original public records request can be found at the following link: http://www2.aulf-stream.ora/weblink/0/doc/91131/Paael.aspx. Please refer to the referenced number above with any future correspondence. The ballot and the return ballot are covered by the disposition record per the Florida Retention Schedule. The Town does not have the original check nor a copy of the check to give you, however, as a courtesy to you, located at the above link, you will find a deposit record of the check. We consider this request closed. Respectfully, Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail August 10, 2016 Chris O'Hare [mail to: chrisoharegulfstream(a gmail.com Re: GS #2201 (ballot measure - 530 Middle Rd) As background to this request I call your attention to the ballot measure (also known as the "straw ballot" which was mailed or otherwise delivered to certain Town residents regarding the proposed undergrounding of utilities on the east side of the Town of Gulf Stream. I request to inspect the public records which are: (1) The ballot and any documents accompanying the ballot that was sent to 530 Middle Rd concerning the proposed undergrounding of utilities. (2)The returned ballot from 530 Middle Rd concerning the proposed undergrounding of utilities. (3) The check that was paid to the Town for the special assessment against 530 Middle Rd for the proposed undergrounding of utilities. Dear Chris O'Hare [mail to: chrisoharegulfstream i gmail.coml, The Town of Gulf Stream has received your original record requests dated May 29, 2016. Your original public records request can be found at the following link: htto://www2.gulf-stream.org/weblink/0/doc/91129/Pagel.asox. Please refer to the referenced number above with any future correspondence. The responsive records can be found at the same link above. We consider this matter closed. Respectfully, Town Clerk, Custodian of the Records TOWN OF GULF STREAM - UNDERGROUND UTILITIES PROJECT OFFICIAL PROPERTY OWNER PROJECT BALLOT Parcel Number: «Full APN» Situs: ((Situs—Number)) ((Situs—Street)) «Owner» Wail Address» «Mail_Cityu <(Mail_State)> «Mail_Zip» This Ballot is for the use of the property owner of record of the parcel identified above, which parcel is within the Project Area for the Underground Utilities Project ("Project"). If the Project is approved by a majority vote "YES", your property will be subject to a non -ad valorem assessment. This Ballot may be used to express "support for" or "opposition to" the Project. In order to be counted, this original Ballot must be si ned in ink in the space provided below by a record owner or, if the owner is a partnership, corporation, or a trust by an authorized representative of the owner. Each affected parcel is entitled to one (1) vote indicated by checking one of the boxes shown below. The Ballot should then be placed in the enclosed envelope, sealed, and must be delivered to the Town Manager/Clerk, whether by mail or in person, no later than 2:00 pm on Monday, February 7, 2011. For additional information regarding the Ballot, please read the Ballot Instructions on the back of this page. For additional information regarding the Project, please see the enclosed Information on Underground Utilities Project. The Project will be constructed if a majority of Ballots received and counted vote "YES" on the proposed Project. The Project will be funded through non -ad valorem assessments imposed on affected property within the Project Area. The Project will not be constructed if a majority of Ballots received and counted vote "NO" on the proposed Project. Shall the Town of Gulf Stream, Florida, proceed with construction of the Underground Utilities Project to be funded through non -ad valorem special assessments? MARK ONLY ONE BOX: ❑ YES, in support of Project NO, opposed to Project I hereby declare under penalty of perjury that I am a record owner or the authorized representative of the parcel identified above. Date Printed Owner's Name Owner's Signature Date Printed Owner's Name Joint Owner's Signature (optional) At least one owner of record must sign. but only one signature is required. Joint owners may both sign if desired, Mail or Hand Deliver To: Town of Gulf Stream, 100 Sea Road, Gulf Stream, FL 33483 BALLOT MUST BE DELIVERED NO LATER THAN 2:00 PM ON FEBRUARY 7, 2011 PLEASE SEE REVERSE SIDE FOR BALLOT INSTRUCTIONS TOWN OF GULF STREAM - UNDERGROUND UTILITIES PROJECT UNDERGROUND UTILITIES PROJECT BALLOT INSTRUCTIONS Record property owners may submit the enclosed ballot to the Town to express "support for" or ,.opposition to" the proposed Underground Utilities Project. Record property owner means the owner of a parcel as the name and address appears on the Palm Beach County property tax roll. Please follow the instructions below to complete and return your Ballot. 1. Register your vote on the enclosed Undergrounding Project Ballot in "support for' or "opposition to" the Project by marking the appropriate box. Only one ballot per parcel will be counted. If you recently purchased your property and are not indicated as the owner on the tax roll, please contact the Town Manager to obtain a replacement ballot. 2. Sign, print your name, and date your ballot in ink. (Ballots received without an original signature will not be counted.) If the record owner is a public entity, partnership, corporation, trust, or limited liability company, the ballot must be signed by an authorized representative. Joint owners may both sign, but only one signature is required per parcel. 3. Place your ballot in an envelope and seal it (a return envelope has been provided). 4. Mail or personally deliver your ballot to the Town Manager/Clerk at Town Hall. 5. Ballots must be received by the Town Manager/Clerk no later than 2:00 p.m. on Monday, February 7, 2011, at the Town Hall, located at 100 Sea Road, Gulf Stream, Florida, 33483. Any ballots received after 2:00 p.m. on February 7, 2011, shall not be counted, including ballots received after the specified time and date that are postmarked with an earlier date. 6. The Town Manager, Town Clerk, Town Auditor representative, and a Civic Association representative will count all of the Ballots received that are properly executed and timely submitted. Each affected property within the Project Area has one vote. 7. The Underground Utilities Project will be constructed if a majority of Ballots received and counted vote "YES" on the Project. The Underground Utilities Project will not be constructed if a majority of the Ballots received and counted vote "NO" on the Project. In the event of an equal number of votes "YES" and "NO", the Project will not be constructed. 8. If constructed, the Project will be paid for through assessments imposed on all affected property. Property owners will be provided an opportunity to pay all or any part of such Assessments in cash, without interest, prior to the financing of the project with a bank loan. Thereafter, assessments will be paid in ten (10) to twenty (20) annual installments on the annual property tax bill, depending on the loan provisions. Please follow the Ballot instructions carefully and completely in filling out the Ballot on the reverse side of this page to ensure that your Ballot will be counted. Ballots must be received by the Town Manager/Clerk no later than 2:00 pm on Monday, February 7, 2011. An assessment ballot will not be counted if: a. the Ballot is not signed by a record owner; b. the document is a photocopy or facsimile of a signed Ballot (an original signature is required); c. the Ballot is received by the Town Manager/Clerk after 2:00 pm on February 7, 2011; or d. the Ballot is not marked to clearly indicate only "Yes" or "No" on the Project. Mail Delivery: If by mail, place the ballot in the mail with sufficient time to be received no later than 2:00 p.m. on February 7 2011. If your ballot is not received by this time, it will not be counted. Personal Delivery: If in person, deliver to the Town Manager/Clerk no later than 2:00 p.m. on February 7, 2011, at the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483. PLEASE SEE REVERSE SIDE FOR PROJECT BALLOT TOWN OF GULF STREAM INFORMATION ON UNDERGROUND UTILITIES PROJECT AND PROPOSED NON -AD VALOREM ASSESSMENTS PURPOSE OF THIS NOTICE The purpose of this notice and the accompanying Undergrounding Project Ballot is: • To provide reliable information to affected property owners within the Town of Gulf Stream (the "Town") regarding the proposed Underground Utilities Project (the "Project"). • To outline the benefits from undergrounding existing overhead utility lines within the area of the Town located east of the Intracoastal Waterway (the "Project Area") and the proposed levy of non -ad valorem assessments to fund the Project. • To provide the Project Ballot to each affected property owner within the Project Area to enable them to express "support for" or "opposition to" the proposed Project. The Town Commission has determined that the Project will be constructed if a majority of Ballots received and counted vote "YES" on the Project. The Project will not be constructed if a majority of Ballots received and counted vote "NO" on the Project. • To provide instructions to property owners for the completion of the Project Ballot and its return to the Town. Your Ballot is enclosed in this mailing with a stamped return envelope. BACKGROUND Universal undergrounding of overhead utility wiring has been considered by the Town of Gulf Stream for many years. The overhead utilities include those owned by Florida Power & Light Company, Comcast Communications, and AT&T. Several events have led to renewed interest in the Project. They include: (1) the cost and time involved in recovery from hurricanes Jeanne, Dennis, and Wilma; (2) recent improvements in undergrounding technology; (3) current availability of substantial FP&L credits for local government undergrounding projects; and (4) the current economy's lowered financing and construction costs. The Town is considering moving forward with the Project to complete the undergrounding of overhead utility facilities throughout the Town and imposing a non -ad valorem assessment on affected properties as a means to fund the Project. A plan and cost estimates have been developed. The Town Commission believes that property owners within the Project Area should have the opportunity to express their "support for" or "opposition to" the Project. The Town Commission will implement the Project and fund it by imposing non -ad valorem special assessments only if a majority of the counted Ballots vote "YES, in support of the Project". Your Ballot, with instructions, is enclosed within this mailing. You must follow the Ballot instructions for your vote to count. BENEFITS OF UNDERGROUNDING OVERHEAD UTILITIES Properties will receive the following special benefits from the proposed utility undergrounding: • Improved Safety through elimination of potential for downed power and communication lines and utility poles. • Improved Reliability through a significant reduction in irritating and often costly power outages or island -related power surge and faster storm recovery provided by enhanced switching capabilities associated with underground facilities. • Improved Neighborhood Aesthetics through the elimination of poles, overhead wires, and excessive tree trimming necessary for existing overhead systems. (more information on reverse side of page) SCOPE OF THE PROJECT The Project will involve undergrounding of overhead power lines, telephone lines, and communications cables on all public rights of way, and replacement of service laterals as needed. If a majority of the Ballots received and counted are "YES", the Project should commence in mid - to late -2011 and will proceed in phases. The Project is expected to cost approximately $5.45 million, not including financing costs. This cost includes, but is not limited to, planning and engineering, permitting, surveying, construction, removing overhead poles and wires, restoring landscaping where necessary, project management; and administration. SPECIAL ASSESSMENTS The estimated amount of the Assessment, not including financing costs, to be imposed on your property is shown below. Your Base Assessment represents your property's share of public facilities project costs based on the special benefits your property will receive from the undergrounding of overhead utilities. The Additional Assessments, if any, represent an engineering estimate for the unique requirements to complete the underground connections to provide service on your property with necessary lateral replacements. The Town intends to collect the assessments on the annual Palm Beach County property tax bill and may enforce payment the same way as property taxes. Please note that your proposed assessment is based on an estimated Project cost and does not include financing costs. Minor adjustments to the assessment imposed on your property may occur between the Ballot vote and implementation. The Town plans to allow prepayment in part or in full of the assessments prior to financing the Project with a third -party loan. It is expected that the assessments, if not prepaid, will be paid in ten (10) to twenty (20) annual installments beginning in November 2011. Parcel Number: ((Full APNn Situs: «Situs_Number» «Situs_Streetu «Owner» «Mail_Address» «Mail_Cityu Wail—State)) «Mail_Zip» Estimated Project Cost $ Your Property's Estimated Base Assessment «$ Public Assmt» Additional Estimated Assessments (if needed): Overhead Type Electric Meter Replacement Assessment « $ Meter Assmt» Electrical Service Lateral Replacement Assessment c $ Elect Assmt» Phone Service Lateral Replacement Assessment « $ Phone Assmt» Cable Service Lateral Replacement Assessment « $ Cable Assmto Your Property's Total Estimated Assessment $ (more information on reverse side of page)