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Home My Public Portal AboutPRR 16-2235From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Sunday, June 12, 2016 12:09 PM To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org> Subject: Public Record Request - information sheet and ballot draft 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 page 9 of the minutes of the Regular Meeting and Public Hearing of the Town Commission held on December 10, 2010 where Ms. Schoettle-Gumm said drafts of the information sheet and ballot were included in the Commission packet. I request to inspect the public records which are these two drafts. 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 4119.070 Ne) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 4119.07(1)(8 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 4119.07(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 5119.01(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. woo•Ilew weaAgslln ajegosugo :ssaippe pews 6ulmollol egg of 6uilum ui spew aq p1nogs gsonbai spiooaj ollgnd slgl of sasuodsai IIV •salnlegS epuold pus uollnl!lsuoo epuold egg japun aw of paguej6 slg6u Ile anjasaj Cgajag I •uollaadsul Aw jol piooaj uoillsodslp egg apinad guawaoeldaj sgl u1 pue pagslxa aouo pJ0081 egg 11 aulwialop aseald lsixe lou scop pjooaj a euiwialep no ( ajagm seouelsul Ile u1 •plooai uollisodslp a to uogeen egg saimbal uolglsodslp sgl to asneoeq gslxa lou scop gegl pjooai V •61.1. jaldego sagnlegS se aingelsl6a-1 epuold egg Cq paldope spjooai ollgnd 10 uolllugap egg se adoos pus 6uiueew awes agl seg 'ulajag pasn se 'spiooai ollgnd weal agl *Mel spjooai ollqnd of goefgns pus umol egg gllm paleloosse ggua jaglo Cue pus wj6 gegg 10 sjagwew aalloldwe pus jaulied 'Aawope Ile 6ulpnpul •V•d 'JaaJE) uewgolb 10 lasunoo umol agg'wnl legg to sjagwew eaRoldwe pus jaulied 'Aawolle Ile 6ulpnloul snMjen g jaMaag 'elddelaamS 10 lesunoo umol agl :wig gegg to sjagwaw aal(oldwe pus jaulied 'bawolle Ile 6ulpnloul AawopV umol egg eq og swlelo gegl (,V•d sggngS v uolsugor jalsod seuop) wiy mel egg 'jaaul6u3 umol'saaRoldw3 umol'siaoglO aollod umol'sguawpedao umol'joAeyy umol'sjauolsslwwoo umol'lalgo aollod umol'Nialo umol'ja6euelnl umol6ulpnloul sluellnsuoo pus lasunoo'saau6lsse'slelolyo'saalulodde 'saaAoldwe Ile 6ulpnloul /Gangue sll ul umol egg of sja1aj ulaiag pasn uagm weeilS lino to umol eseigd agl *pasoad of uopezuoggne ualgum Aw 6ululelgo;sill lnogglm llegaq /fw uo sgsoo Cue inou1 lou op aseald 'ule6V •sleualew pus jogel to gsoo agl gsln6ullslp of se Ilam se 'spiooai Jo/pus Wad to jagwnu legol aq aleolpul of se os sagewllse Aue amwell of sins aq aseald 'gsoo lelol agl to agewllso usllum a gllm gsoo gegg 6uiunoul inoA to aouenpe u1 aw f4gou aseald op• g$ paaoxe pinom golgm spiooaj ollgnd asagg goadsul of lapio ul Ced of pailnbai Alpolnjels eq pinom 1 gegg sgsoo Cue moul of peau egg agedlopue no C 11 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 15, 2016 Chris O'Hare [mail to: chrisohareaulfstreamPemail.coml Re: GS #2235 (information sheet and ballot draft). As background to this request I call your attention to page 9 of the minutes of the Reg lar Meeting and Public Hearing of the Town Commission held on December 10, 1010 where Ms. Schoettle- Gumm said drafts of the information sheet and ballot were included in the Commission packet. I request to inspect the public records which are these two drafts. Dear Chris O'Hare [mail to: chrisohareeulfstream(a,email.coml The Town of Gulf Stream has received your public records requests dated June 12, 2016. The original public record request can be found at the following links httn://www2.eulf- stream.orc/weblink/0/doc/92241/Paeel.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 From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Wednesday, August 03, 2016 6:16 PM To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org> Subject: Re: GS #2235 (information sheet and ballot draft) Dear Custodian of Records, Thank you for taking the time to clarify your recent email responses to my record request labeled PRR # 2235. Sincerely, Chris O'Hare On Wed, Aug 3, 2016 at 3:49 PM, Bill Thrasher <bthrasher(@,gulf-stream.org> wrote: Dear Mr. O'Hare: To try and clarify things on PRR #2235 (information sheet and ballot draft), the letter dated June 15 stated that we were working on a large number of incoming public records requests and would respond to you in a reasonable amount of time with an appropriate response or an estimated cost to respond. The second letter was sent on July 25 stating that "In addition, after responding to your public record request (meaning the letter dated June 15), it was determined additional documents could be provided" (thus the draft information sheet and ballot). I am sorry that you did not think the request required 53 days to respond, but when you are working with others in trying to acquire documents, it is not always as simple as it may seem. The third letter was an effort to try and explain what was misunderstood. The responsive records are on the website at the link you have been going to. We have nothing else, so please consider this matter closed. Thank you. From: Chris O'Hare[mailto:chrisohareeulfstream(damail.coml Sent: Tuesday, July 26, 2016 4:32 PM To: Bill Thrasher <bthrasher@gulf-stream.or¢>; Rita Taylor <RTaylorCa)Rulf-stream.ore> Subject: Fwd: GS #2235 (information sheet and ballot draft) Dear Custodian of Records, I am in receipt of your email (attached) regarding: Re: GS #2235 (information sheet and ballot draft) (WITHDRAWS AND REPLACES RESPONSE DATED JULY 25, 2016) I appreciate the second response but I am confused as to whether you are also responding to my follow up request. I again followed the link you provide to inspect the records and found the same records as before. The only difference appears to be that page 8 is no longer upside down. You again conclude your response by writing: We consider this matter closed Is this also your response to my record request I made to you yesterday asking to inspect the records you claim to have previously Provided for my inspection prior to the records you are now providing? I still request to inspect those records. May I hear from you soon? Sincerely, Chris O'Hare ---------- Forwarded message ---------- From: Chris O'Hare <chrisoharegulfstream a,gmail.com> Date: Mon, Jul 25, 2016 at 7:12 PM Subject: Fwd: GS #2235 (information sheet and ballot draft) To: bthrasher(�gulf-stream.org.didthevreadit.com, RTaylorc,gulf-stream.org.didthe)readit.com Dear Custodian of Records, On June 2, 2016 I asked to inspect: As background to this request I call your attention to page 9 of the minutes of the Regular Meeting and Public Hearing of the Town Commission held on December 10, 2010 where Ms.Schoettle-Gunun said drafts of the information sheet and ballot were included in the Commission packet I request to inspect the public records which are these two drafts. The only response I received from you to this request prior to today was on June 15, 2016 wherein you wrote: 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 veuy best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Today, over a month later you write: In addition, after responding to your public record request it was determined additional documents could be provided in the spirit of abundance of caution. The responsive records can be found at the same link above. I followed the link you provided and found a record that according to your web site's Metadata was created on 6 14!2016 10:56:12 AM and last modified on 7 25 2016 4:40:25 PM (see excerpt from link page copied below). I am confused by your response to my record request (attached for your reference) wherein you claim to have previously provided records responsive to my request. What documents did you already provide that you now claim to be providing additional documents? If you have not provided any documents for my inspection prior to today I consider 53 days to be an unreasonable length of time to produce such a simple record for inspection and I object to this lengthy delay. If you have provided documents prior to today I apologize for objecting to the delay but for whatever reason I just didn't get them. I therefore request You produce for my inspection the records you claim to have previously provided for my inspection prior to the records you are now providing. May I hear from you soon? Sincerely, Chris o'Hare Home PRR 16-2235 Metadata Thumbnails Annotations 2 Entry Properties Last modified 7/25/2016 4:40:25 PM Creation date 6/14/2016 10:56:12 AM TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 25, 2016 Chris O'Hare [mail to: chrisohareeulfstream(@,,email.com] Re: GS #2235 (information sheet and ballot draft) As background to this request I call your attention to page 9 of the minutes of the Regular Meeting and Public Hearing of the Town Commission held on December 10, 2010 where Ms. Schoettle-Gomm said drafts of the information sheet and ballot were included in the Commission packet. I request to inspect the public records which are these two drafts. Dear Chris O'Hare [mail to: chrisohareeulfstreamna.email.coml The Town of Gulf Stream has received your public records requests dated June 12, 2016. The original public record request can be found at the following links http://www2.gulf- stream.ore/weblink/O/doc/92241/Page l.asnx. Please refer to the referenced number above with any future correspondence. In addition, after responding to your public record request it was determined additional documents could be provided in the spirit of abundance of caution. The responsive records can be found at the same link above. We consider this matter closed. Respectfully, Town Clerk, Custodian of the Records DRAFT TOWN OF GULF STREAM - UNDERGROUND UTILITIES PROJECT OFFICIAL PROPERTY OWNER PROJECT BALLOT Assessment Number: «Assess ment_Number)> Parcel Number: ((Full APN» Situs: ((Situs—Number)) ((Situs—Street)) «Owner» «Mail Address)) ((Mail—City)) aMail_State» aMail_Zipu 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 to pay for the Project. This Ballot may be used to express either "support for" or "opposition to" the Project. In order to be counted, this original Ballot must be signed 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 Underground Utilities Project, please see the enclosed Information on Underground Utilities Project with your parcel's estimated assessment amount, which does not include costs associated with financing. The Underground Utilities 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 the record owner or the authorized representative of the parcel identified above. Date Printed Owner's Name Owner's Signature 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 DRAFT 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. 2. Sign, print your name, and date your ballot in ink. (Ballots received without am 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. 3. Place your ballot in an envelope and seal it (a return envelope has been provided for your use). 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 within the Project Area. Assuming the assessments are levied as intended, 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, 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 the 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 "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 DRAFT 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 Underground Utilities 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 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 a Project to complete the undergrounding of overhead utility facilities throughout the Town and imposing a nomad 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) DRAFT 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 Amount 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. 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. Assessment Number: ((Assessment—Number) Parcel Number: ((Full APN)) Situs: ((Situs—Number)) ((Situs Street» ((Owner)) «Mail Address» ((Mail—City)) ((Mail_State)) ((Mail_Zip)) Estimated Project Cost $ Your Property's Estimated Base Assessment «$ Public Assmb) Additional Estimated Assessments (if needed): Overhead Type Electric Meter Replacement Assessment « $ Meter Assmt) Electrical Service Lateral Replacement Assessment « $ Elect Assmb) Phone Service Lateral Replacement Assessment « $ Phone Assmt) Cable Service Lateral Replacement Assessment « $ Cable Assmb) Your Property's Total Estimated Assessment (more information on reverse side of page) TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 26, 2016 Chris O'Hare [mail to: chrisohareeulfstream(a)gmail.com] Re: GS #2235 (information sheet and ballot draft) (WITHDRAWS AND REPLACES RESPONSE DATED JULY 25, 2016) As background to this request I call your attention to page 9 of the minutes of the Regular Meeting and Public Hearing of the Town Commission held on December 10, 2010 where Ms. Schoettle-Gumm said drafts of the information sheet and ballot were included in the Commission packet. I request to inspect the public records which are these two drafts. Dear Chris O'Hare [mail to: chrisohareeulfstream(c4email.com], The Town of Gulf Stream has received your original record requests dated June 12, 2016. Your original public records request can be found at the following link htti)://www2.gulf- stream.org/weblink/O/doc/92241/Pagcl.aspx. 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