HomeMy Public PortalAboutPRR 16-2200From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Saturday, May 28, 2016 9:18 AM
To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>;
rsweetapple@sweetapplelaw.com
Subject: Public Record Request - Sweetapple record - file label
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 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 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.
I believe the records I seek to inspect are in the custody of an entity under contract with
your agency. As a courtesy to you and your contractor and to assist in expediting your
response to this request I am notifying the contractor of this request by copy of this
email. Do not assume my act of copying the contractor with this request relieves you of
any of your duties under Florida Statute. I ask that you contact that entity yourself,
inform them of their obligations under Florida Statute 119 and produce any responsive
records in their custody as soon as possible.
As background to the request I call your attention to the testimony under oath at
various times by Town counsel Robert Sweetapple as it relates to Town of Gulf
Stream matters. I understand from such testimony that Mr. Sweetapple maintains
files in his office for most if not all of the clients of his law firm. I have no
knowledge of whether the files are in physical or electronic form or both. This
request is to inspect a specific part of those files related to the municipality of the
Town of Gulf Stream.
I request to inspect the portion of the earliest created file for the Town of Gulf
Stream which is in the custody of Town counsel Robert Sweetapple or his law
firm (or firms) that identifies the identifies the subject or contents of the file. I do
not wish to inspect any contents of the file at this time other than the document
that identifies the file. To further clarify this request I am seeking to inspect a
record that may be described as the cover page or title page or labeled jacket -
something that if it were viewed lying on a desk or in a file cabinet the viewer who
sees it may reasonably ascertain that it identifies a file that contains related
material. Likewise if it were viewed on a computer monitor a viewer who sees it
may reasonably ascertain that it links to related material.
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 6119.07(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 §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 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(a-gmail.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 3, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2200 (Sweetapple record - file label)
As background to the request I call your attention to the testimony under oath at various times by
Town counsel Robert Sweetapple as it relates to Town of Gulf Stream matters. I understand from
such testimony that Mr. Sweetapple maintains files in his of ice for most if not all of the clients of
his law firm. I have no knowledge of whether the files are in physical or electronic form or both.
This request is to inspect a specific part of those fines related to the municipality of the Town of
Gulf Stream. I request to inspect the portion of the earliest created file for the Town of Cru(Stream
which is in the custody of Town counsel Robert Sweetapple or his law firm (orfirms) that identifies
the identifies the subject or contents of the file. I do not wish to inspect any contents of the file at
this time other than the document that identifies the file. To farther clarify this requestl am seeking
to inspect a record that may be described as the cover page or title page or labeled jacket -
something that if it were viewed lying on a desk or in a file cabinet the viewer who sees it may
reasonably ascertain that it identifies a file that contains related material. Likewise if it were
viewed on a computer monitor a viewer who sees it may reasonably ascertain that it links to related
material.
Dear Chris O'Hare [mail to: chrisohareeulfstream(7a,email.coml,
The Town of Gulf Stream has received your public records requests dated May 28, 2016. The
original public record request can be found at the following link http://www2.¢ulf-
stream.ora/weblink/o/doc/91137/Pagel.aspx.
Please be advised that 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
June 17, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS # 2200 (Sweetapple record - file label)
As background to the request I call your attention to the testimony under oath at various times by
Town counsel Robert Sweetapple as it relates to Town of Gulf Stream matters. I understand from
such testimony that Mr. Sweetapple maintains files in his off ce for most if not all of the clients of
his law firm. I have no knowledge of whether the files are in physical or electronic form or both.
This request is to inspect a specific part of those files related to the municipality of the Town of
Gulf Stream. I request to inspect the portion of the earliest created file for the Town of Gulf
Stream which is in the custody of Town counsel Robert Sweetapple or his law firm (or firms) that
identifies the identifies the subject or contents of the file. I do not wish to inspect any contents of
the file at this time other than the document that identifies the file. To further clarify this request
1 am seeking to inspect a record that may be described as the cover page or title page or labeled
jacket - something that if it were viewed lying on a desk or in a file cabinet the viewer who sees it
may reasonably ascertain that it identifies a file that contains related material. Likewise if it
were viewed on a computer monitor a viewer who sees it may reasonably ascertain that it links
to related material.
Dear Chris O'Hare [mail to: chrisoharegulfstream(a,email.coml,
The Town of Gulf Stream has received your original record request dated May 28, 2016. Your
original public records request can be found at the following htto://www2.eulf-
stream.ore/weblink/0/doc/93946/Pagel.asox. Please refer to the referenced number above with
any future correspondence.
Please be advised that there are no such records.
We consider this matter closed.
Sincerely, Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 22, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS # 2220 (no -ad valorem assessment against 0170, 0312, 0000)
As background to this request 1 call your attention to the assessment methodology developed by
Town consultants for the purpose of determining the proportioned obligation of certain property
owners the Town considered to receive a special benefit from the Town's undregrounding of
utilities. I request to inspect the public records which are the notices sent to certain property
owners telling them of the amount of their property's undergrounding non -ad valorem
assessment, or any special assessment to be levied against their property regarding the
undergrounding project, which were sent to the followingproperties: 20-43-46-10-04-000-0170,
20-43-46-10-01-000-0312, 20-43-45-34-32-000-0000 (amended 619116 - As background to this
request I call your attention to the assessment methodology developed by Town consultants for
the purpose of determining the proportioned obligation of certain property owners the Town
considered to receive a special benefit from the Town's undregrounding of utilities. I request to
inspect the public records which are the notices OR ANY OTHER TYPE OF
COMMUNICATION sent to certain property owners telling them of the APPROXIMATE amount
of their property's undergrounding non -ad valorem assessment, or any special assessment to be
levied against their property regarding the undergrounding project, which were sent to the
following properties: 20-43-46-10-04-000-0170, 20-43-46-10-01-000-0312, 20-43-45-34-32-
000-0000)
Dear Chris O'Hare [mail to: chrisoharegulfstream(a),,gnail.com],
The Town of Gulf Stream has received your original record request dated June 3, 2016. Your
original public records request can be found at the following link: http://www2.zulf-
stream.ore/weblink/0/doc/91325/Pagel.aspx. Please refer to the referenced number above with
any future correspondence.
Please be advised that there are no such records.
We consider this matter closed.
Sincerely, Town Clerk, Custodian of the Records