HomeMy Public PortalAboutPRR 16-2295From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Wednesday, August 17, 2016 4:48 PM
To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>
Subject: Public Record Request sign ordinance enforcement
Dear Custodian of Records,
I request to inspect certain public records related to the Town of Gulf Stream Florida.
While I am not obligated to explain why I want to inspect these records, I tell you it is 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 also be material to current, anticipated or
presently unforeseen legal action. In addition, inspection of these records may be
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 make this request pursuant to Article 1, Section 24 of the Florida Constitution and
Chapter 119 of the Florida Statutes. I hereby reserve all rights granted to me under the
Florida Constitution and Florida Statutes.
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 if that person is not the Custodian of
Records for your agency as required by 119.07(1)(b).
• 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) or other parties.
" P r o v i d e o n l y t h o s e r e c o r d s f o r i n s p e c t i o n t h a t d o n o t r e q u i r e e x t e n s i v e u s e o f
i n f o r m a t i o n t e c h n o l o g i e s o r e x t e n s i v e s t a f f t i m e o r b o t h i n e x c e s s o f 1 5
m i n u t e s .
A s b a c k g r o u n d t o t h i s r e q u e s t I c a l l y o u r a t t e n t i o n t o t h e m a n y t i m e s I h a v e a s k e d
T o w n M a n a g e r T h r a s h e r a n d M a y o r M o r g a n , d u r i n g p u b l i c m e e t i n g s a n d a t o t h e r
t i m e s , i f t h e T o w n h a s c e a s e t o e n f o r c e i t s s i g n o r d i n a n c e . I h a v e y e t t o r e c e i v e a
c l e a r a n s w e r t o t h a t q u e s t i o n f r o m a n y o n e a t t h e T o w n . S i n c e I a p p a r e n t l y c a n ' t
g e t t h a t q u e s t i o n a n s w e r e d , I w i l l t r y t o m a k e t h a t d e t e r m i n a t i o n v i a a p u b l i c
r e c o r d r e q u e s t . F o r t h e p u r p o s e s o f t h i s r e q u e s t I r e f e r y o u t o :
" T o w n o f G u l f S t r e a m ' s w e b s i t e w h e r e y o u c a n e x a m i n e t h e p r o p e r t y s u r v e y
o f e a c h o f t h e h o m e s s h o w n i n t h e a t t a c h e d p h o t o s ,
" O r d i n a n c e 1 5 / 0 1 w h i c h , a s y o u k n o w , r e g u l a t e s t h e s i z e a n d p l a c e m e n t o f
s i g n s i n t h e T o w n o f G u l f S t r e a m ,
" t h e a t t a c h e d p h o t o s o f s i g n s o n p r o p e r t i e s i n P l a c e A u S o l e i l .
P l e a s e e x a m i n e t h e s e p h o t o s o f s i g n s a t v a r i o u s l o c a t i o n s a r o u n d t h e P l a c e A u
S o l e i l n e i g h b o r h o o d o f t h e T o w n o f G u l f S t r e a m t h a t a r e a t t a c h e d t o t h i s e m a i l . I
h a v e p e r s o n a l l y o b s e r v e d t h e s e s i g n s i n t h e s e p h o t o s f o r s o m e t i m e n o w a s I a m
s u r e t h e G u l f S t r e a m P o l i c e m u s t a l s o h a v e , a s t h e y d r i v e b y t h e s e p r o p e r t i e s
a l m o s t h o u r l y . I a s s u m e T o w n M a n a g e r T h r a s h e r h a s a l s o s e e n t h e s e s i g n s
d u r i n g h i s p e r i o d i c v i s i t s t o P l a c e A u S o l e i l . E a c h p h o t o i s l a b e l e d w i t h t h e
a d d r e s s o f t h e p r o p e r t y w h e r e t h e p h o t o w a s t a k e n a n d w h e n i t w a s t a k e n .
I r e q u e s t t o i n s p e c t t h e m o s t r e c e n t l y c r e a t e d r e c o r d o f a n y c o m m u n i c a t i o n
b e t w e e n t h e T o w n a n d a n y o f t h e p r o p e r t y o w n e r s w h o s e p r o p e r t y i s s h o w n i n
t h e a t t a c h e d p h o t o s r e g a r d i n g a n y o f t h e s i g n s i l l u s t r a t e d i n t h e a t t a c h e d p h o t o s .
T H I S E M A I L I S A R E Q U E S T T O I N S P E C T A P U B L I C R E C O R D - I T I S N O T A
C O M P L A I N T . P L E A S E D O N O T S E N D A N O T H E R O F F I C I A L L E T T E R O R S I M I L A R
T O W N C O M M U N I C A T I O N T O A N Y T O W N R E S I D E N T N O T I F Y I N G T H E M T H A T I A M
C O M P L A I N I N G A B O U T T H E I R P R O P E R T Y .
I a s k y o u t o t a k e n o t e o f � 1 1 9 . 0 7 ( 1 ) ( c ) F l o r i d a S t a t u e s a n d y o u r a f f i r m a t i v e o b l i g a t i o n t o
( 1 ) p r o m p t l y a c k n o w l e d g e r e c e i p t o f t h i s p u b l i c r e c o r d s r e q u e s t a n d ( 2 ) m a k e a g o o d
f a i t h e f f o r t w h i c h " i n c l u d e s m a k i n g r e a s o n a b l e e f f o r t s t o d e t e r m i n e f r o m o t h e r o f f i c e r s o r
e m p l o y e e s w i t h i n t h e a g e n c y w h e t h e r s u c h a r e c o r d e x i s t s a n d , i f s o , t h e l o c a t i o n a t
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 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.
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.
If you do not understand any part of this request or if you need clarification about this request,
notify me as soon as possible so I may further describe or clarify this request.
All responses to this public records request should be made in writing to the following
email address:
chrisoharegulfstream@gmail.com
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
August 17, 2016
Chris O'Hare [mail to: chrisoharegulfstream(a)gmail.coml
Re: GS 92295 (sign ordinance enforcement)
I request to inspect the most recently created record of any communication between the Town
and any of the property owners whose property is shown in the attached photos regarding any of
the signs illustrated in the attached photos.
Dear Chris O'Hare [mail to: chrisoharegulfstream(a.gmail.coml,
The Town of Gulf Stream has received your public records request dated August 16, 2016. The
original public record request can be found at the following link:
http://www2.gulf-stream.org/weblink/O/doc/99639/Paoel.aspx.
Please be advised that there are no such records. We consider this request closed.
Sincerely,
Town Clerk
Custodian of the Records