HomeMy Public PortalAboutPRR 16-2233From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Thursday, June 09, 2016 7:50 AM
To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>
Subject: Public Record Request - Thrasher statement - no additional assessments
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. In
addition, inspection of these records are essential to my ability to make informed comments in an upcoming
public hearing. 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 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 Agenda Packet for the
regular meeting of the Town Commission to be held on June 10, 2016 at Town
Hall. 1 have attached a copy of page 5 - 6 of this Agenda Packet to this email for
your reference. I obtained this copy from your agency's website. You will note
that these two pages are a draft of the minutes of the May 13, 2016 meeting. The
draft minutes record the following passage during discussion of Agenda Item VIII.
Reports:
Town Manager Thrasher reminded that at the beginning everyone was told there
would be no additional assessment so this will be from the General Fund.
I request to inspect the minutes of any public meeting that contain the recorded
comments of any Town official, staff or consultant that conveyed to any Town
residents that there would be no additional assessments as referenced by Mr.
Thrasher during the May 13, 2016 meeting.
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 6119.07(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 6119.01(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)&(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(cDgmaii.com
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 15, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2233 (Thrasher statement - no additional assessments)
As background to this request 1 call your attention to the Agenda Packet for the regular meeting
of the Town Commission to be held on Jame 10, 2016 at Town Hall. I have attached a copy ofpage
5 - 6 of thisAgenda Packet to this email for your reference. I obtained this copy from your agency's
website. You will note that these two pages are a drgft of the minutes of the May 13, 2016 meeting.
The draft minutes record the following passage during discussion of Agenda Item VIII.
Reports: Town Manager Thrasher reminded that at the beginning everyone was told there would
be no additional assessment so this will be from the General Fund. I request to inspect the minutes
of any public meeting that contain the recorded comments of any Town official, staff or consultant
that conveyed to any Town residents that there would be no additional assessments as referenced
by Mr. Thrasher during the May 13, 2016 meeting.
Dear Chris O'Hare [mail to: chrisoharegulfstream(a)gmail.coml,
The Town of Gulf Stream has received your original record requests dated June 9, 2016. Your
original public records request can be found at the following link: htto://www2.gulf-
stream.org/weblink/0/doc/92127/Pagel.asax. Please refer to the referenced number above with
any future correspondence.
Pursuant to the public records laws, the duty of the Town of Gulf Stream is to provide access to or
copies of public records at a reasonable time in reasonable conditions. The Town of Gulf Stream
is not required to give out information from these records nor give information about these records.
All videos of meetings can be found by going to the following link:
b-qs://www.youtube.conVchannel/UCYJTien2HMOSbss-CYOpzdO/feed?view asf:Vublic. All
minutes of the Town can be found by going to www.gglf-stream.org click on "Find a Town
Record", click on "Town Clerk", click on "Minutes". There you will find all minutes of the Town.
We consider this request closed.
Respectfully,
Town Clerk, Custodian of the Records