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PRR 16-2422
RECORDS REQUEST (the "Request") Date of Request: 12/2/2016 Requestor's Request ID#: 1353 REQUESTEE: Custodian of Records Sweetapple, Broeker & Varkas Custodian of Records Jones, Foster. Johnston & Stubbs Custodian of Records Town of Gulf Stream Custodian of Records Richman Greer, P.A. Custodian of Records Cole Scott & Kissane Custodian of Records Johnson Ansehno Murdoch Burke Piper & Hochman. P.A. REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at records(a.commerce-group.com; Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Please provide all records related to the following litigation: Christopher F. O'Hare v. City of Delray Beach, Florida. Case No.: 502016-CC-000556-XXXX MB, including, without limitation, all notes, text messages, e-mails and other type of communications prepared by, created by, received by (or sent by) Edward C. "Trey" Navarro. ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream. its Commissioners. its Manager, its employees, its officers, its staff, its Police Department, its Police Officers: including, without limitation, the attorneys, employees and partners of the following law firms: Sweetapple, Broeker & Varkas: Richman Greer, PA: Jones, Foster. Johnston & Stubbs: Cole, Scott & Kissane. P.A.: and Johnson Anselmo Murdoch Burke Piper & Hochman. P.A. THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SEE 4119.042NF1. FLORIDA STATUTES IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALSO PLEASE TAKE NOTE OF §119.07(I)(H) OF THE FLORIDA STATUTES. WHICH PROVIDES TIIAT"IFA CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE. TO ALL AFFECTED PARTIES." ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any casts Imposed to the Requestor by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". UP/NP/FLRR- 11.04.2016 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 7, 2016 Martin E. O'Boyle [mail to: recordsecommerce-erouo.coml Re: GS #2422 (PRR 1353) Please provide all records related to the following litigation: Christopher F. O Hare v. City of Delray Beach, Florida, Case No.: 502016 -CC -000556 -,=AB, including, without limitation, all notes, text messages, e-mails and other type of communications prepared by, created by, received by (or sent by) Edward C. "Trey " Navarro. Dear Martin E. O'Boyle [mail to: records(o)commerce-erouo.coml: The Town of Gulf Stream has received your public records request dated December 2, 2016. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/O/doc/103830/Pagel.asr)x 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, t<41 RAW4 , pwbec As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA February 13, 2017 Martin E. O'Boyle [mail to: recordsacommerce-grouo.coml Re: GS #2422 (PRR 1353) Please provide all records related to the following litigation: Christopher F. O Hare v. City of Delray Beach, Florida, Case No.: 502016 -CC -000556 XxvYMB, including, without limitation, all notes, text messages, e-mails and other type of communications prepared by, created by, received by (or sent by) Edward C. "Trey" Navarro. Dear Martin E. O'Boyle [mail to: recordsacommerce-grouo.coml: The Town of Gulf Stream has received your public records requests dated December 2, 2016. You should be able to view your original request and response at the following link: httv://www2.gulf-stream.org/weblink/O/doc/I 03 830/Page l .asux One of the folders was too large to attach in electronic format and can be found at the following share file: https://ions-foster.sharefile.com/d-sa678c6b4ca24feO9 While we believe this is all responsive records related to the above request 'for all records ", to be sure of that fact, the Town requests a half hour of administrative support at $37.34 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). If the costs of producing these documents will exceed your deposit, the Town will provide you with an initial production of responsive records and an estimate for the production of any additional responsive records. If the costs of production are less than the deposit, the Town will provide you with the responsive records and a refund. (1/2 hour @ $37.34) = Deposit Due: $18.67 in cash or check. Upon receipt of your deposit, the Town will use its very best efforts to further respond to your public records request in a reasonable amount of time. If we do not hear back from you within 30 days of this letter, we will consider this request closed. Sincerely, R41d ROW441$wlee As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From: OConnor, Joanne M. Sent: Sunday, August 28, 2016 1:39 PM To: Robert Sweetapple Subject: FW: O'Hare PRR suits Attachments: 7-13-16 City's response to P's attorney fees award.pdf, 1-18-16 Summons and Complaint.pdf, 4-19-16 PIs Motion for Attorney's Fees and Costs.pdf; 5-5-16 PIs Notice of Filing Affidavit of Attorney's Fees.pdf I can't think of any reason they can avoid having an expert testify to reasonableness of fees, can you? From: Gelin, Lynn[mailto:Gel!nL@mydelraybeach.com] Sent: Friday, August 26, 2016 1:48 PM To: OConnor, Joanne M. Cc: Rustin, Janice Subject: O'Hare PRR suits This message originated from outside your organization Hi Joanne. It was nice speaking with you today. As promised, attached please find Roeder's motion for attorney's fees and exhibits as well as the City's response. If you could forward to me any Complaints filed by either O'Hare or Roeder it would be much appreciated. In addition, could you provide me with the case law concerning the denial of fees after the request has been fulfilled? Thanks for all of your assistance. Safe travels! Lynn Gelin, Esq. Asst. City Attorney City of Delray Beach—Office of the City Attorney 200 N.W. 1" Avenue Delray Beach, FL 33414 Phone: (561) 243-7091 Fax: (561) 278-4755 www.tnvdelraybeacli.com PUBLIC RECORDS NOTE: Florida has averybroad public records law. Most written communications to or fiom local officials, employees, orthe general public regarding city business an: public records available to the public and media upon request. Your a -mail communications may themrore be subject to public disclosure. Renee Basel From: OConnor, Joanne M. Sent: Wednesday, November 16, 2016 1:35 PM To: Robert Sweetapple Cc: Cynthia Miller (cmiller@sweetapplelaw.com) Subject: FW: O'Hare PRR suits Fyi. I will find out when the hearing is. Perhaps Trey can attend or one of my associates. JONESFOSTER JouNsutN rest t 1111S,t_i Joanne M. O'Connor Horida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 1 Fwx: 561.650.5300 1 ioconnor0lionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Iqagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. 11is email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Gelin, Lynn[mailto:GelinL@mydelraybeach.com] Sent: Wednesday, November 16, 2016 1:22 PM To: OConnor, Joanne M. Subject: RE: O'Hare PRR suits This message originated from outside your organization Hi Joanne. Hope all is well. I have the continuation of my fee hearing with O'Hare next week. They retained new counsel, Elaine Johnson James, as well as a fee expert, Eugene Pettis (the former president of the Florida Bar), to further their cause. Just wanted to update you. Are your cases over? Lynn Gelin, Esq. Ass(. City Allonte), Cil)- of Delray Bcach—Office ol' the City Altorney 200 N.W. I" Avenue Delray Beach, PL 33111 Phone: (.561) 213-7091 Pax: (.5(i 1) 2784755 www.medch•atbcach.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or From local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your a -mail communications may therefore be subject in public disclosure. From: Gelin, Lynn Sent: Friday, August 26, 2016 3:20 PM To: 'OConnor, Joanne M.' Subject: RE: O'Hare PRR suits Thank you so much. No, he doesn't have a fee expert. Lynn Gelin, Esq. Asst. City Attonicy City of Delray Beach—OlEce of the City Attorney 200 N.W. V Avenue Delray Beach, FL 33444 Phone: (561) 243-7091 rax: (561) 278-4755 www.mydelravhcach.conn PUBLIC RECORDS NOTE: Florida has averybroad public records law. Mostwritten communications to or From local officials, employees, or the general public regarding city business are public records available to the public and media upon request Your e-mail communications may therefore be subject to public disclosure. From: OConnor, Joanne M.[mailto:]OConnorCalionesfoster.com] Sent: Friday, August 26, 2016 2:26 PM To: Geltn, Lynn Cc: Rustin, Janice Subject: Re: O'Hare PRR suits Sure. Copying my assistant Mary Macfarlane. We will get you materials by Monday morning. Do they have a fee expert? Sent from my iPhone On Aug 26, 2016, at 6:08 PM, Gelin, Lynn <GelinL@mvdelravbeach.com> wrote: This message originated from outside your organization Hi Joanne. It was nice speaking with you today. As promised, attached please find Roeder's motion for attorney's fees and exhibits as well as the City's response. If you could forward to me any Complaints filed by either O'Hare or Roeder it would be much appreciated. In addition, could you provide me with the case law concerning the denial of fees after the request has been fulfilled? Thanks for all of your assistance. Safe travels! Lynn Gelin, Esq. Asst. City Attorney City of Delray Beach—Office of the City Attorney 200 N.W. 1" Avenue Delray Beach, FL 33444 Phone: (561) 243-7091 Fax: (561) 278-4755 mminydelrrvbeach.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or fmm local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Yost e-mail communications may therefore be subject to public disclosure. <7-13-16 City's response to P's attorney fees award.pdf> <1-18-16 Summons and Complaint.pdf> <4-19-16 PIS Motion for Attorney's Fees and Costs.pdf> <5-5-16 PIS Notice of Filing Affidavit of Attorney's Fees.pdf> Renee Basel From: Sent: To: Cc: Subject: Attachments: Macfarlane, Mary <mmacfarlane@jonesfoster.com> on behalf of Macfarlane, Mary Friday, August 26, 2016 3:35 PM GelinL@mydelraybeach.com; MMacfarlane@jonesfoster.com rustin@mydelraybeach.com; JOConnor@jonesfoster.com Re: RE: O'Hare PRR suits 1125415-OHARE 000824 COMPLAINT _47_pdf.eml; 1125419-OHARE 000835 COMPLAINT _48_pdf.eml; 1128222-ohare 000894 complaint _49_pdf.eml; 11C9168- ohare complaint case no 1776 (52)_pdf.eml; 11H7542 -complaint 56_pdf.eml; 1J58564 - complaint oboyle vs gulf stream _60_PDF.eml; 1JD2127-complaint _63_PDF.eml; 1JK8819-complaint ohare _66_PDF.eml From: "Macfarlane, Mary" <MMacfarlane@jonesfoster.com> Date: Fri Aug 26 15:07:05 EDT 2016 To: "Gelin, Lynn" <GelinL@mydelraybeach.com> Ce: "Austin, Janice" <rustin@mydelraybeach.com>,"OConnor, Joanne M." <JOConnor@jonesfosteccom> Subject: RE: O'Hare PRR suits First batch of complaint are attached. From: OConnor, Joanne M. Sent: Friday, August 26, 2016 2:59 PM To: 'Gelin, Lynn' Cc: Rustin, Janice; OConnor, Joanne M. (JOConnor@jonesfoster.com) Subject: RE: O'Hare PRR suits Attached is a list of cases showing the ones where Roeder has appeared and the ones where OBoyle Law Firm has appeared. In some cases, they both appeared. Next, I will send you complaints in each of the cases in which Roeder has appeared. There are several. I will keep in the order of the list. From: Gelin, Lynn[mailto:GelinLCalmydelraybeach.coml Sent: Friday, August 26, 2016 1:48 PM To: OConnor, Joanne M. Cc: Rustin, Janice Subject: O'Hare PRR suits This message originated from outside your organization The them Hi Joanne. It was nice speaking with you today. As promised, attached please find Roeder's motion for attorney's fees and exhibits as well as the City's response. If you could forward to me any Complaints filed by either O'Hare or Roeder it would be much appreciated. In addition, could you provide me with the case law concerning the denial of fees after the request has been fulfilled? Thanks for all of your assistance. Safe travels! Lynn Gelin, Esq. Asst. City Attorney City of Delray Beach—Office of die City Attorney 200 N.W. la Avenue Delray Beach, FL 33444 Phone: (561) 243-7091 Fax: (561) 2784755 www.mvdelraybeacli.com PUBLIC RECORDS NOTE: Floridahas avetybroad public records law. Mostswitten communications to or from local officials, employees, orthe general public regarding city business are: public records available to the public and media upon request Your email communications may therefore be subject to public disclosure. Renee Basel From: Gelin, Lynn <GelinL@mydelraybeach.com> on behalf of Gelin, Lynn Sent: Friday, August 26, 2016 2:08 PM To: joconnor@jonesfoster.com Cc: rustin@mydelraybeach.com Subject: O'Hare PRR suits Attachments: 7-13-16 City's response to P's attorney fees award.pdf; 1-18-16 Summons and Complaint.pdf, 4-19-16 PIs Motion for Attorney's Fees and Costs.pdf, 5-5-16 PIs Notice of Filing Affidavit of Attorney's Fees.pdf This message originated from outside your organization Hi Joanne. It was nice speaking with you today. As promised, attached please find Roeder's motion for attorney's fees and exhibits as well as the City's response. If you could forward to me any Complaints filed by either O'Hare or Roeder it would be much appreciated. In addition, could you provide me with the case law concerning the denial of fees after the request has been fulfilled? Thanks for all of your assistance. Safe travels! Lynn Gelin, Esq. Asst. City Attorney City of Delray Beach—011ice of dle City Attorney 200 N.W. 1" Avenue Delray Beach, FL 33444 Plionc:(561) 243-7091 Fax: (561) 278-4755 wwwanydelrayheach.conl PUBLIC RECORDS NOTE: Florida has a very broad public records law. Mostwritren communications to orfrom local officials, employee, or the general public regarding city businw are public records available to the public and media upon request Your e-mail communications may therefore be mbject to public disclosure. Renee Basel From: Macfarlane, Mary <MMacfarlane@jonesfoster.com> on behalf of Macfarlane, Mary Sent: Friday, August 26, 2016 6:28 PM To: GelinL@mydelraybeach.com Cc: rustin@mydelraybeach.com; JOConnor@jonesfoster.com Subject: RE: O'Hare PRR suits Attachments: 1125415-OHARE 000824 COMPLAINT .47.pdf, 1125419-OHARE 000835 COMPLAINT A8.pdf; 1128222-ohare 000894 complaint.49.pdf; 11C9168-ohare complaint case no 1776 (52).pdf; 1116942-complaint.PDF; 1158564 -complaint oboyle vs gulf stream .60.PDF, 1JD2127-complaint.63.PDF; 1J1<8819 -complaint ohare.66.PDF; 1JZ4876- amended complaint.PDF; 1JS6139-complaint 71.PDF; 1JT9705-complaint .72.PDF; 1 L94337-complaint.PDF Second batch... From: Macfarlane, Mary Sent: Friday, August 26, 2016 3:06 PM To: 'Gelin, Lynn' Cc: 'Rustin, Janice'; OConnor, Joanne M. (JOConnor@jonesfoster.com) Subject: RE: O'Hare PRR suits First batch of complaint are attached. From: OConnor, Joanne M. Sent: Friday, August 26, 2016 2:59 PM To: 'Gel!n, Lynn' Cc: Rustin, Janice; OConnor, Joanne M. (JOConnoraionesfoster.com) Subject: RE: O'Hare PRR suits Attached is a list of cases showing the ones where Roeder has appeared and the ones where The OBoyle Law Firm has appeared. In some cases, they both appeared. Next, I will send you complaints in each of the cases in which Roeder has appeared. There are several. I will keep them in the order of the list. From: Gel!n, Lynn[mailto:GelinLOmydelraybeach.coml Sent: Friday, August 26, 2016 1:48 PM To: OConnor, Joanne M. Cc: Rustin, Janice Subject: O'Hare PRR suits This message originated from outside your organization Hi Joanne. It was nice speaking with you today. As promised, attached please find Roeder's motion for attorney's fees and exhibits as well as the City's response. If you could forward to me any Complaints filed by either O'Hare or Roeder it would be much appreciated. In addition, could you provide me with the case law concerning the denial of fees after the request has been fulfilled? Thanks for all of your assistance. Safe travels! Lynn Galin, Esq. Asst. City Attorney City of Delray Beacli—Office of die City Attorney 200 N.W. 1" Avenue Delray Beach, FL 33444 Phone: (561) 243-7091 Fax: (561) 278-4755 rwvw.mydelraybeach.com PIIRLIC RECORDS NOTE: Florida has a verybroad public records law. Mostwrinen communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your a -mail communications may therefore be subject to public disclosure. Filing t: 9431519 Electronically Filed 01/22/2014 0.3:29:59 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CHRISTOPHER F. O'HARE, Plaintiff, V. TOWN OF GULF STREAM, Defendant. CASE NO.: VERIFIED COMPLAINT TO ENFORCE FLORIDA'S PUBLIC RECORDS ACT AND FOR DECLARATORY, INJUNCTIVE AND MONETARY RELIEF The Plaintiff, Christopher F. O'Hare, ("Plaintiff'), by and through the undersigned counsel, hereby sues the Town of Gulf Stream, ("Defendant" or the "Town"), and as grounds therefore alleges as follows: 1. This action concems the Defendant's violation of Plaintiff's civil rights pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119, Florida Statutes (2012), (the "Public Records Act"). 2. This action seeks declaratory, injunctive and monetary relief. 3. Specifically, Plaintiff seeks an order declaring the Defendant to be in breach of its constitutional[ and statutory2 duty to permit access to public records, and compelling the ' Note Article I Section 24, Fla. Const.. Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the stale, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution. This section specifically includes the legislative, executive, and judicial branches of government and each agency or department created thereunder, counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution. 'Note § 119.07(1)(a), Fla. Stat. 1of10 Defendant to provide access to the requested public records, enjoining the Defendant from denying access to public records, and awarding Plaintiff attorney's fees and costs. Additionally, Plaintiff requests this matter be expedited pursuant to Section 119.11(1), Florida Statutesa. Jurisdiction and Venue 4.. This Court has subject matter jurisdiction pursuant to Article V, Section 5(b) of the Florida Constitution, and Section 119.11, Florida Statutes. 5. This Court has personal jurisdiction over the Defendant, because the Defendant is a public agency in Palm Beach County. 6. The causes of action in the instant case accrued in Palm Beach County; therefore, this Court is the appropriate venue for the vindication of Plaintiffs civil rights. The Parties 7. Plaintiff is a Florida citizen who resides in Palm Beach County. 8. Plaintiff is a "person" as that tern is used in the Public Records Act. See § I I9.07(I)(a), Fla. Stat.4 9. The Defendant is an "agency" pursuant to Section 1 19.01 I (2), Florida Statutes.s Every person who has custody of public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records. ' Note § 119.11 (1), Fla. Stat, Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases. ' See Footnote "2". 'Note § 119.011(2), Fla. Stat. "Agency" means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity 2of10 10. The Defendant has a duty to permit the inspection, copying, and photography of Defendant's public records by any person desiring to do so, at a reasonable time, under reasonable conditions, and for reasonable costsa. (Emphasis added). See § 119.07, Fla. Stat.; Art. 1, § 24, Fla. Const. Florida's Public Records Act 11. Florida's Public Records Act implements a right guaranteed to members of the public under the Florida Constitution and it therefore promotes "a state interest of the highest order." See NCAA v. Associated Press, 18 So. 3d 1201, 1212 (1 st DCA 2009)7. 12. The right of access to public records applies to "any public body, officer, or employee of the state, or persons acting on their behalf...." Art. 1, § 24, Fla. Const.; .see also § 1 19.011(2), acting on behalf of any public agency.. 4 Note Government -In -The -Sunshine -Manual 2012 Edition, page 144. The term "reasonable conditions" as used in s. 119.07(1)(a), F.S., `refers not to conditions which must be fulfilled before review is permitted but to reasonable regulations that would permit the custodian of records to protect them from alteration, damage, or destruction and also to ensure that the person reviewing the records is not subjected to physical constraints designed to preclude review" Wait v Florida Power cF Light Company, 372 So. 2d 420,425 (Fla. 1979). See also Stale ax rel Davis v McMillan, 38 So. 666 (Fla. 1905); and Tribune Company v Cannella, 458 So 2d 1075, 1078 (Fla. 1984), appeal dismissed sub nom , DePerte v Tribune Company, 105 S.Ct. 2315 (1985) (the sole purpose of custodial supervision is to protect the records from alteration, damage, or destruction). Accordingly, the "reasonable conditions" do not include a rule or condition of inspection which operates to restrict or circumvent a person's right of access AGO 75-50. 'The courts of this state have invalidated measures which seek to impose any additional burden on those seeking to exercise their rights to obtain records" under Ch 119, F.S. lnf Op. to Cook, May 27, 2011. And see State v Webb, 786 So. 2d 602 (Fla. Ist DCA 200 1) (requirement that persons with custody of public records allow records to be examined "at any reasonable time, under reasonable conditions" is not unconstitutional as applied to public records custodian who was dilatory in responding to public records requests). 'Note NCAA v. Associated Press, 18 So. 3d 1201, 1212 (Isl DCA 2009) We are not persuaded that the Public Records law has an indirect effect on interstate commerce, but even if some effect had been established, we could not say that the law violates the dormant Commerce Clause. The Public Records law implements a right guaranteed to members of the public under die Florida Constitution and it therefore promotes a state interest of the highest order. The negligible impact the law might have on interstate commerce clearly does not outweigh the goal of ensuring open government. 3of1O Fla. Stat s 13. Under the Public Records Act, "[e]very person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records." See § 119.07(1)(a), Fla. Stats 14. Under the Public Records Act, "[a]ny person shall have the right of access to public records for the purpose of making photographs of the record..." See § I I9.07(3)(a), Fla. Stat.la 15. Defendant, as an agency and custodian of records, has an obligation to provide any non-exempt public records for inspection, copying and photography upon request. See § 119.07(1)(a)ll, §1 19.07(3)(a)12, Fla. Stat.; Art. 1, § 24, Fla. Const.ta Town. Factual Background 16. On September 4, 2013, Plaintiff, submitted a public records request via e-mail to the 17, Specifically, Plaintiff sought to obtain: The first three pages of the Pernrit issued for the fence strttctttre located adjacent to the SW corner of the residential structure of Parcel Number 20434604220000280 also known as 2586 Avenue Art Soleil in Gulf Stremn, Florida. I See Footnote "5".. Y See Footnote "2". 1° Note § I I9.07(3)(a), Fla. Stat. Any person shall have the right of access to public records for the purpose of making photographs of the record while such record is in the possession, custody, and control of the custodian of public records, � � See Footnote' 2". ''- See Footnote "10" " See Footnote "I", 4of10 (the "Initial Request"). Said Initial Request is attached hereto and specifically incorporated herein as Exhibit A. 18. Seven days after receipt of the Initial Request, on September 11, 2013, Defendant's custodian of records sent a letter to Plaintiff via E -Mail, stating in relevant part: Our staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond. (the "Initial Response"). Said Initial Response is attached hereto and specifically incorporated herein as Exhibit B. 19. Fifty-five days after Defendant sent the Initial Response, on November 5, 2013, Defendant's custodian of records sent a letter to Plaintiff via E -Mail, stating in relevant part: Records associated with this address, 2586 Avenue Au Soleil, were destroyed pursuant to the Town's destruction schedule on January 31, 201.3, documentation orwlhich can be Provided for you at pour rearrest. (emphasis added) (the "Second Response"). Said Second Response is attached hereto and specifically incorporated herein as Exhibit C. 20. On December 4, 2013, in an effort to obtain copies of the above stated documentation of destruction, Plaintiff submitted another public records request via E -Mail. 21. Specifically, Plaintiffsought to obtain: A records disposition document or audit record of the records for this property destroyed on or about January 1, 2013. (the "Follow -Up Request"). Said Follow -Up Request is attached hereto and specifically incorporated herein as Exhibit D. 22. The Follow -Up Request contained the excerpted portion of the Second Response 5of10 stated in paragraph 19, above, and attached a copy of the Second Response. 23. As of the date of this Verified Complaint, a total of 48 days have passed since Plaintiff made the Follow -Up Request and yet no responsive documents have been provided. 24. In fact, to date, no response whatsoever to the Follow -Up Request has been received by Plaintiff. Count I — Unlawful Withholding of Public Records 25. The records being sought by Plaintiff are public records pursuant to Section 119.01](12)", Florida Statutes, 26. Plaintiff requested the responsive documents be provided in electronic form and provided an E -Mail address to whom the response was to be sent. 27. There is no statutory exemption that applies to the requested public records and the Defendant has cited none. 28. Violations of Section 119.07, Florida Statutes constitute an irreparable public injuryts. 29. Plaintiff has a clear legal right to insist upon the performance of the Defendant's duty to permit inspection, copying and photographing of public records. 30. Section 119.1 I (I ), Florida Statutes requires this matter be set for an immediate tr Note § 119.011(12), Fla.. Stat. "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. "Note Daniels v. Bryson, 548 So. 2d 679,680 (Fla. 3d DCA 1989) The impermissible withholding of documents otherwise required to be disclosed constitutes, in and of itself, irreparable injury to the person making the public records request. Since the purpose of Chapter 119 is to afford disclosure of information without delay to any member of the public making a request, nondisclosure prevents access to the information and is an injury not ordinarily compensable in damages. 6 of 10 hearing.ts 31. The requested document is a public record that is readily accessible to Defendant.. 32. "The only delay permitted by the Act is the limited reasonable time allowed the custodian to retrieve the record and delete those portions of the record the custodian asserts are exempt." Tribune Co. v. Cannella, 458 So. 2d 1075, 1079 (Fla. 1984). 33. The Defendant's continuing delay in the production of the requested public records, which currently stands at 48 days as of the writing of this Verified Complaint, is an unreasonable delay that constitutes a denial of access to public records under the Public Records Act. 34. All conditions precedent to this action have occurred or have been excused or waived. 35. Defendant's actions with respect to the public records request discussed herein and in other public record requests made by Plaintiff and other parties, demonstrate a pattern of noncompliance with the Public Records Act and also a likelihood of future violations such that injunctive relief is appropriate. Attornevs' Fees 36. The Public Record Act provides that "[ijf a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys' fees." See §119.12, Fla. Stat. m See Footnote' ' 7 of 10 Relief Requested WHEREFORE, Plaintiff prays this Court: (a) Set an immediate hearing pursuant to Section 119.11, Florida Statutes;17 (b) Declare that the Defendant's failure to provide Plaintiff with access to the requested public records was unconstitutional and unlawful under Article 1, Section 24 of the Florida Constitutionla and the Public Records Act;19 (c) Order the Defendants to allow the inspection, copying and photographing of the requested records (upon payment of the statutorily authorized fees); (d) Order the Defendants to provide a copy of the requested records in electronic form. (e) Enjoin the Defendant from denying access to records which are subject to the Public Records Act: 20 (i) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this action, as provided in Section 119.12, Florida Statutes; and (g) Grant such further relief as the Court deems proper. See Footnote 'T' ie See Footnote "I ". iv See Footnote "2". '-0 Note Govemment-In-The-Sunshine-Manual, page 172 Injunctive relief may be available upon an appropriate showing for a violation of Ch. 119, F. S. See Daniels v Bryson, 548 So. 2d 679 (Fla. 3d DCA 1989) (injunctive relief appropriate where there is a demonstrated pattern of noncompliance with the Public Records Act, together with a showing of likelihood of future violations; mandamus would not be an adequate remedy since mandamus would not prevent future harm).. Defendant's actions clearly demonstrate the high likelihood, in not the certainty, that such unlawful conduct will continue and the urgent need for injunctive relief from this court. 8of10 Respectfully submitted, Dated: January 21, 2014 The O'Boyle Law Firm P.C. Attorneys for Plaintiff 1286 West Newport Center Drive Deerfield Beach, FL 33442 Telephone: (954) 574-6885 Facsimile: (954) 360-0807 rwitmerna oboylelawfirm.com By: /s/ Ryan L. Witmer Ryan L. Witmer, Esq. Florida Bar #0107563 9of10 VERIFICATION STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned authority, personally appeared Christopher F. O'Hare, who, being first duly identified and swom, deposes and says that this VERIFIED COMPLAINT is based on records and information known to him, and are true and correct to the best of kis Who4edse, information, and belief. Un Name. STATE OF FLORIDA ) )SS COUNTY OF BROWARD ) Sworn to, affirmed, and subscribed before me this Qday of , 2014, be Christopher F. O'Hare U I Please indicate: Personally Known: V OR Type of Identification Produced: NOTARY PUBLIC STATE OF FLORIDA Sign:--.1����Q Print: I IVla ���!`; T, INALWITIN (SEAL) MY commissw 100920550 ` EXP IAEG:JUV10,2014 JgRun.'07 E1MTNUS*dWz756�L Produced Identification: 10 of 10 herein as Exhibit A. 13. On March 28, 2014 Defendant's held a special Commission Meeting. 14. On the agenda, Point IV read "Hiring Additional Counsel" and Point V read "Appointment to the Ad Floc Committee." There was no public comment period. The agenda for the March 28. 2014 meeting is attached hereto and incorporated herein as Exhibit B 15. These agenda items were items of substantial public concern. 16. On April 11. 2014 Defendant held a regular Commission Meeting. 17. Point VII on the agenda read, "Communication from the Public (5 min. maximum)." The agenda for the April 11, 2014 meeting is attached hereto and incorporated herein as Exhibit C. 18. On April 14, 2014 Defendant's held a Special Commission Meeting. 19. The agenda called for the first reading of an ordinance regulating parking at the Town Hall (the "Parking Ordinance") 20. The ordinance would severely affect Mr. O'Boyle's ability to park his banner -clad truck, visibly displaying political speech, at Town Hall. 21. The Parking Ordinance agenda item is a major item ol'substantial public concern. 22. There was no public comment period for the April 14, 2014 meeting, which included the first reading of the proposed Parking Ordinance. The agenda for the April 14, 2014 meeting is attached hereto and incorporated herein as Exhibit D. 23. On April 29. 2014 Defendant held another Special Commission Meeting where it passed the Parking Ordinance. 24. There was no public comment in the agenda for the April 29, 2014 meeting. 25. Both the second reading and adoption of the Parking Ordinance and the consideration of establishing a financial ad hoc committees were on the agenda for the April 29, 2014 meeting. The agenda for the April 29, 2014 meeting is attached hereto and incorporated herein as Exhibit E. 26. The Parking Ordinance and the financial ad hoc committee are items of substantial public concern. 27. Plaintiffs O'Boyle and O'Hare attended the April 29. 3014 Special Commission Meeting. 28. Plaintiff O'Boyle waited for an opportunity to comment on the Parking Ordinance because it would directly affect him and was being passed because of his actions. 29. Plaintiff O'Hare waited for an opportunity to comment on the Parking Ordinance at the April 29 Meeting. 30. After the second reading was finalized, the ordinance was voted upon and became law without an opportunity for either Plaintiff O'Boyle or Plaintiff O'Hare to comment. Mr. O'Boyle's Public Records Request 31. On April 21. 2014 Mr. O'Boyle nmde a public records request to Defendant: "Provide drafts gfihe mbtutesJi•otn the Commission Aleetings starting a -Rh the Commission Meeting on Alarch 14. 3013 through Apri! 11, 3014." Which is attached hereto and incorporated herein as Exhibit F. 32. On April 28. 2014 Mr. O'Boyle followed up and supplemented his April 21" records request asking for the minutes of the April 14, 2014 Commission Meeting, which is attached hereto and incorporated herein as Exhibit G. 33. Plaintiff O'Boyle desired the minutes of the past few Commission Meetings because lie had learned about the proposed Parking Ordinance, was an interested party, and 4 wanted to learn the history and politics of the matter in order to speak at the April 29'h Special Commission Meeting. 34. On April 29, 2014 the Defendant responded: This letter ... provides you with the fitll responsive production ofthe public records requested in your email dated April 21, 2014 that we aclarowledged on April 22, 2014. This correspondence is reproduced below for your convenience, Please open the attached files, which includes the documents that are response e to your request. Note that /lie draft minutes for the April 11, 2014 and April 14, 2014 meetings have nol yet been prepared. Unless ire hear backfrom you, we consider this matter closed Defendant's response is attached hereto and incorporated herein as Exhibit H. 35. On April 29, 2014 at 10:24 a.m., Defendant sent an email to Plaintiff O'Boyle containing minutes for the two Commission Meetings on March 14, 2014 and the Commission Meeting on Manch 28, 2014. 36. Plaintiff O'Boyle attended the April 29, 2014 Special Commission Meeting without access to die draft minutes of the preceding Commission Meetings. Mr. O'Hare's Public Records Request 37. On April 24, 2014 Mr. O'Hare requested from Defendant: All documents regarding items to be discussed at the Town Commission Special Meeting scheduled to be held ora April 29, 20.14. Documents to include all public records includingfiles, memos, notes, drafts, letters, entails, photos, reference materials, code sections, opinions, mimttes and audio ofprevious discussions and any record in any way related to the subject of items to be discussed and/or voted on. The portion of the Town's current Comprehensive Land Use Plon or similar records that addresses the Toum'spolicies regarding beach access and beach parking. 38. On April 25, 2014, Defendant responded to Plaintiff Mr. O'Hare's public records request directing him to the Town's website because some of the records sought were posted online. The response is attached hereto and incorporated herein as Exhibit I. 39. Plaintiff O'Hare did not receive minutes or any other responsive documents that were not online. 40. Plaintiff O'Hare attended the April 29, 2014 Special Commission Meeting without access to any responsive documents other than those posted online by Defendant. 41. As of May 7, 2014. the minutes of the April I I and April 14 meetings were not available online. 42. As of May 7, 2014. the next Commission meeting was scheduled for May 9. 2014. COUNT I — O'BOYLE UNLAWFUL WITHHOLDING OF PUBLIC RECORDS 43. Plaintiff O'Boyle re -alleges and incorporates by reference the above numbered paragraphs 31 through 36 as if fully alleged herein. 44. Although Plaintiff O'Boyle received one draft for each of the March Commission Meetings, Plaintiff O'Boyle believes that there are other drafts because those drafts provided are ostensibly identical to the final minutes for those meetings. 45. Upon information and belief. Defendant's employees jot down handwritten notes during the meetings that serve as the first draft, outline, or framework of the minutes. 46. Defendant, as an agency defined in § 119.01 1(2). Fla. Stat. owes a duty to allow access to any person to all public records within its control pursuant to Fla. Stat. Section 1 19.01(1) unless specifically exempted by the Florida Constitution. 47. Defendant violated its duty when it refused to provide Plaintiff O'Boyle with copies of the requested records in violation of Article 1. §24 of the Florida Constitution, § 1 19.07(1)(a), Fla. Stat. and well-established case law. 48. The records Plaintiff O'Boyle requested are not exempted under Florida's Public Records Act. 49. The Defendant cited no statutory exemption applicable to the requested records. 50. Defendant's refusal to provide Plaintiff O'Boyle with copies of the requested records constitutes an unlawful and unreasonable withholding or refusal of access to records as contemplated by Florida's Public Records Law. WI IERGFORE. Plaintiff prays this Court: (a) Declare that the Defendant's failure to provide Plaintiff O'Boyle with access to the requested public records was unconstitutional and unlawful under Article I. Section 24 of the Florida Constitution and the Public Records Act: (b) Order the Defendant to produce all documents responsive to Plaintiff O'Boyle's public records request (upon payment of the statutorily authorized fees, if any); (c) Award Plaintiff O'Boyle his reasonable attorney's fees, costs, and expenses incurred in this action, as provided in Section 119.12. Florida Statutes; and (d) Grant such further relief as the Court deems proper. COUNT II — O'HARE UNLAWFUL WITHHOLDING OF PUBLIC RECORDS 51. Plaintiff O'Hare re -alleges and incorporates by reference the above numbered paragraphs 37 through 42 as if fully alleged herein. 52. Defendant. as an agency defined in § 1 19.01 1(2). Fla. Stat. owes a duty to allow access to any person to all public records within its control pursuant to Fla. Stat. Section 119.01(1) unless specifically exempted by the Florida Constitution. 53. Defendant violated its duty when it refused to provide Plaintiff 0'1 tare with all documents responsive to his public records request, including but not limited to minutes from Town Commission Special Meetings held on April 11, 2014 and April 14, 2014 in violation of Article 1, §24 of the Florida Constitution. § 119.07(1)(a), Fla. Stat. and well-established case law. 54. The records Plaintiff O'Hare requested are not exempted under Florida's Public Records Act. 55. The Defendant cited no statutory exemption applicable to the requested records. 56. Defendant's refusal to provide Plaintiff O'Hare with copies of the requested records constitutes an unlawful and unreasonable withholding or refusal of access to records as contemplated by Florida's Public Records Law. WHEREFORE, Plaintiff prays this Court: (a) Declare that the Defendant's failure to provide Plaintiff O'l-lare with access to the requested public records was unconstitutional and unlawful under Article I, Section 24 of the Florida Constitution and the Public Records Act; (b) Order the Defendant to produce all documents responsive to his public records request (upon payment of the statutorily authorized fees, if any): (c) Award Mr. O'Hare his reasonable attorney's fees, costs, and expenses incurred in this action, as provided in Section 119.12, Florida Statutes; and (d) Grant such further relief as the Court deems proper. Count III — Open Public Meetings Act (Failure to Promptly Record Minutes) 57. Plaintiffs re -allege and incorporates by reference the above numbered paragraphs I I through 30 as if fully alleged herein. 58. Defendant is an authority, municipal corporation. or political subdivision as defined in Section 286.011. Florida Statutes. 59. Defendant's March 14'x', March 28`x', April 10". a', April 14a', and April 290' Commission Meetings, were subject to the provisions of Section 286.01 1(2). Florida Statutes. 60. Defendant violated and continues to violate the provisions of Section 286.01 I(2), Florida Statutes because Defendant's did not promptly recorded the minutes for those meetings. 61. Defendant is engaging in a practice where it is not making minutes available until they are approved by the Commission and will continue to violate the Public Meetings Act by failing to provide access to minutes or draft minutes of past meetings promptly and absent court intervention. 62. In the alternative, Defendant is waiting to record the minutes of past meetings until right before the public meetings where they are scheduled to be approved. 63. Plaintiffs were denied access to minutes or drafts of minutes from past commission meetings that related to the actions taken by the Commission at the April 29. 2014 meeting. The minutes of the April 1 1.2014 and April 14, 2014 meeting were critical and necessary for Plaintiffs public participation at the April 29, 2014 meeting. 64. Defendant's failure to promptly record and make available the minutes of the aforementioned meetings leading up to April 29, 2014, deprived Plaintiffs of their right to participate in open government. WHEREFORE, Plaintiffs prays this Court: (a) Declare that the Defendant's failure to provide Plaintiffs with access to the requested public records was unconstitutional and unlawful under Article I. Section 24 of the Florida Constitution and the Open Public Meetings Act; (b) Order the Parking Ordinance — to be codified as Chapter 31 of the Town Code — null and invalid; (c) Enjoin the Defendant from enforcing Chapter 31 of the Town Code: (d) Award Plaintiffs their reasonable attorney's fees, costs, and expenses incurred in this action, as provided in Section 286.11. Florida Statutes; and (e) Grant such further relief as the Court deems proper including fines under Section 286.11(3)(a), Florida Statutes. Count IV — Violation of the Anti -Shush Law Section 286.0114 Fla. Stat. 65. Plaintiffs re -alleges and incorporates by reference the above numbered paragraphs I I through 30 as if fully alleged herein 66. The Gulf Stream Commission is a board or commission under Section 286.0114, Florida Statutes. 67. Defendant's March 14'x'. March 28`h. April I V". April 14"'. and April 29a' Commission Meetings, were subject to the provisions of Section 286.01 14, Florida Statutes. 68. Leading up to the April 29, 2014 meeting Plaintiff O'Hare alerted Defendant several times that he wished to speak about the Parking Ordinance at that meeting. lu 69. Before the April 29, 2014 meeting regarding Defendant's parking lot ordinance, Plaintiff O'Hare spoke with Mayor Scott Morgan alerting him that he intended to speak about the Parking Ordinance before it was passed. 70. At the beginning of the April 29, 2014 meeting Plaintiff O'Hare stood patiently by the podium to the side of the Commissioner's Dais, waiting for his tum to speak. 71. Plaintiff O'Hare took that position at the podium because it is customary for Defendant to allow public input before the substantive portions of the meetings and deliberations that occur at the Commission Meeting. Plaintiff O'Hare remained at the pudium throughout the entire meeting orating for an opportunity to speak. 72. The Commissioners, with Mayor Scott Morgan as chairman, ignored Plaintiff O'Hare's physical gestures signaling that he was ready to speak and proceeded to pass the Parking Ordinance. 73. Plaintiff O'Boyle was also waiting to comment on the Parking Ordinance. 74. The meeting continued without public comment until the Commissioners began discussing adjournment of the meeting. 75. Plaintiffs had no opportunity to speak on the Parking Ordinance before it was passed into law due to the conduct of Mayor Morgan at the April 29°i meeting. No public comments were scheduled for the April 14°i meeting. WHEREFORE, Plaintiffs prays this Court: (a) Declare that the Defendant's failure to provide Plaintiffs with access to the requested public records was unconstitutional and unlawful under Article I, Section 24 of the Florida Constitution and the Open Public Meetings Act; (b) Enjoin the Defendant from prohibiting public comment for Special Commission Meetings and all other meetings; (c) Award Plaintiffs their reasonable attorneys fees, costs, and expenses incurred in this action, as provided in Section 286.1114. Florida Statutes; and (d) Grant such further relief as the Court deems proper. Count V Failure to Provide Notice and Be Heard 76. Plaintiff O'Boyle re -alleges and incorporates paragraphs I I through 30 as stated above. 77. The Parking Ordinance was an ordinance as defined under Section 166.041. Florida Statutes. 78. Defendant violated Section 166.041, Florida Statutes when they passed the Parking Ordinance (Chapter 31 of the Town Code) without giving Plaintiff O'Boyle notice and an opportunity to be heard. 79. Plaintiff O'Boyle was an interested party under Section 166.041 because the Parking Ordinance would affect the liberty interest attached to Plaintiff O'Boyle's truck and free speech. WHEREFORE, Plaintiffprays this Court: (a) Declare that the Defendant's failure to provide Mr. O'Boyle with notice and an opportunity to be head was unlawful under Section 166.014, Florida Statutes; (b) Order the Parking Ordinance (Chapter 31 of the Town Code) null and void. (c) Award Plaintiffs their reasonable attorney's fees. costs, and expenses incurred in this action. (d) Grant such further relief as the Court deems proper. 12 Respectfully submitted, Dated: Mai 8 .2014 THE O'BOYLE LAW FIRM, P.C. Attorneys for Plaintiff 1286 West Newport Center Drive Deerfield Beach, FL 33442 Telephone: (954) 574-6885 Facsimile: (954) 360-0807 For Service of Court Documents: oboylecourtdocsra)obovlelawfirm.com By: /s/ Ryan L. Witmer Ryan L. Witmer, Esq. Florida Bar #0107563 rwitmer(a nbovlelaw firm.com 13 �� n : March 7, 2014 MAYOR: Joan K. Orthwain VICE MAYOR: Thomas [1. Stanley COMMISSIONER: W. Garrett Dering Robert W. Ganger Donna S. white REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 14, 2014 @ 11:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of 2-14-14. V. Additions, withdrawals, deferrals, arrangement of agenda items. Vi. Announcements. A. Regular Meetings and Public Hearings 1. March 14, 2014 @ noon -Seating of Commissioners 2. April 11, 2014 @ 9 A.M. 3. May 9, 2014 @ 9 A.H. 4. June 13, 2014 @ 9 A.M. 5. July 11, 2014 @ 9 A.M. 6. August 9, 2014 @ 9 A.M. B. 14ayor's Proclamation -"Mater Conservation Month" VII. Communication from the Public 15 min. maximum! VI1I. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Mark Marsh of Bridges 4 Marsh, as Agent for Mr. S Mrs. Nelson Grumney, the owners Of property located at 2960 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 21 Gulf Stream Cove Subdivision. a. SPECIAL EXCEPTION to permit the addition*of a spa, that will encroach 4.34 £t. into the west setback, which will be attached to and become a part of the existing swimming pool that encroaches 6.42 ;t. into the west setback. b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to allow the construction of a spa which will encroach 4.34 ft. into the west setback and will be attached to and become a part of the existing pool that encroaches 6.42 ft. into the west setback. 2. An application submitted by Mark Marsh and Nievera Williams as agents for Mr 6 Mrs. Bryan Cook, owners of Property located at 1226 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 2, Hidden Harbour Estates Plat Two. a. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the construction of a partial 2 story, Anglo Carribbaan style single family dwelling with guest quarters and a three car garage, a total of 9,403 sq. feet, and a swimming pool. AGENDA CONTINUED IX. Reports. A. Utility Underarounding-Danny Brannon (Engineer) B. Town Manager C. Architectural Review 5 Planning Board 1. Meeting Dates a. March 27, 2014 @ 8:30 A.N. b. April 24, 2014 @ 6:30 A.M. c. May 22, 2014 0 8:30 A.M. d. June 26, 2D14 @ 8:30 A.M. e. July 24, 2014 @ 8:30 A.M. f. There is no meeting in August. D. Finance Director 1. Financial Report for February 2014 E. Alice Chief 1. Activity for February 2014 X. Items for Commission Action. A. Appointment of Ad Hoc Committee Member Re! Landscaping B. Resolution No. 14-1; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM,PALM BEACH COUNTY, FLORIDA URGING THE FLORIDA LEGISLATURE TO ADOPT AND GOVERNOR RICK SCOTT TO SUPPORT LEGISLATIVE CHANGES PROVIDING FOR THE REGULATION OF RECOVERY RESIDENCES OR "SOBER HOUSES" IH THE FORM OF STATEWIDE LICENSING ANED REGISTRATION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Items by Mayor 6 Commissioners XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY BILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286,0105 hiLNUTrS OF THE REGULAR M 13 -MG AND PUBLIC HMUUNG HELD BY THE TOLVN COAIATIMION OF THE TOWN OF GULF S17&LM ON FRIDAY, FEBRUARY 14, 2014 AT 9:00 A.M. By THE COh@ESSION CHAhMER5 OFTHE TOWN HALL, IN SEA ROAD, GLU1r STRIML FLORIDA. 1. �nll to Order, hlaynr Ordiuvin eallcd dm meeting in order at U:02 AX lI. McdarnfAUrP ace The Pledge ofAlIcSinnce vac led by Mayor Otdtwein. (� M. Roll Call, {� Present turd Joan It Orrhw•uin Mayor Q Participating 'Ilmtoas hL Stanley Vice -Mayor W. Garrett Dcring Commissioner L� Robert W. Gungm Commissioner Q Donna S. NVbuc Commissioner Also Present and Mulam 1.1. Member Town Manager Participating Rita L. Taylor Town Clark John C. Randulph Town Counsel GaaetrJ. Ward Chief of police Danny Brannon of Tuvn Consultant for Undcagmund'uhg Brannon &- GiUcapic project Ronald Bennett Mahn, Holt h hurter, P.A. Christopher O'1 -lar: RMidcnL Martin O'Boyle Resident TV. Minutes. A. ItuguLar htadng and PubUc 1•Itaring bold am Jnnmry l U, 2014. Camndssiouet 1lgdtc stated that there wits n typo on die Inst page of the afure•muotiuned minutes that was typed March 23, 2014, and should have been March 11. 2D14, as Eleetimn Day. Commissioner Ganger moved and A ice-hlayor Stnalcy seconded to approve the amended January 10, 2014 Regular Mccthug and Public Hearing Minutes. AU vote AYE V. Additions. \Vithdrmynla Dcfernlc. Amnas t (Ag d•a In us• Town Cleric Taylor repotted that there was an addition in Item MC regarding the resignation letter received from Ad Hoc Corruni m Member David Bodkey and the apptdnrneut of a rcplacemeae She aho added that the next Ad Hur Meeting would he on February 26, 3014, at IM n.m. and that they have limited themselves to I Y_ hours fur their marings. VI. Announcements: A. Regular hfoctings and Public Nettings hfnynr Ornhatiu naneuneed the upcoming Regular Meetings and Public Hearings, and inquired if them would be any absenteeism or conflicts, and there were none M 09-L,M u„ t.,aaa rubs, I l criae 7maa G..Iaeval,nw, r,l,.q ra, ran - Pat, -- 1. March 14, 21114@I1:00A.M 2. March 14, 2014@Noun — Senting ofCumm:ssionas 3. April 11, 2014 a 7:00 A.M. 2 S. Is Lay 7, 2014 @ 7:00 AAL 5. June 13, 2013 @ 9:00 A.M. ll. !.'lection Mayor Ordnycha nnnounced tht date and times of the Glcctinn. 7. hfarch 11, 20]4— i:00 A.hL to 7:00 PAS. C. Candidate Qualifying Period O Mayor Onhwein atmounced the date and time of the Candidita Qua0fying Prdod. 1. January28, 21114 @ nnoo an Pcbmw 11, 2014 C noun 411. COIi1htUNICATION i'ROATTHE Pt1if T ('isIIN M\�Thiil[yfj. Mayor Oraiwein asked for ane apnkas. Christopher O'Hara intmdumd his mother and brudrer in t e audicam. and discusatd in derail his family's bacltground histon'. lic stated that than will be a Meet the Candidates' I'vent in PLacc au ScIc0, and also dint there mem some :allies with Candiaare Scna Morgan, and tar he cspcacd drum :,sun to be haresdgnted Bunn. hit. O'hlae equated directions to de hadit-' room for his handicapped another. Martin O'Boyle inquired if it would be pruccdmc for him it, %pink regarding Item A'_1, and also no the Ad line Cununittec ardoo Cmnmissinn Meering. Town Counsel Randolph and Mayor Orrhanin simulaocoudy sated "Wrto the item taunt up". NMI. Reports, A. Utility Undcrgmunding—Danny Hnnnun (Lrngutccr) Mr. Brannon updated dw schedtde and hudgct from his urtdcrgmunding handout. He stated that de project was under budget, and listed the Santa Repos addressing that the new street light will be an display for final naiew on Pebtuacy 21s; at the Police DLparnnenc Nlr. Brannon continued that there will nay be construction meeting%with the mntmanm man•,telt in Town Hall until the completion of the prnjeeL Commissioner Ganger inquired regarding the estimated speed of due boring project. hit. Brannon repotted that the crews an complete approximately 400 feet to 500 fact par day. Iia staled they will be doing long= shoo also. Mr. Bannon commentul hush the asmmunicatioa lines arc inside the right of nay. He nlso %rated that the golf eoutsc has rely deity rcgcutiun, and may aquuo some flagmen directing traffic. Mr. O'Hare uncnuied the meeting in searing that lus mocha rax in disuns, cutdd not news the ladies room with hw whrcic ab, and requested the Police take her m the hospital. 14ruW hlsniM1 aM 1L41icnr.,Ina D � Q Twm Gxnwlutwahimiq- LL u rnnn,nn,rns-rasa Mayor Onh wcfn eked hots. O'Hare if that was whar also wormed, and Alawur Orthwrin oras told a'NW' Tarim Counsel Ilandalph stated that Mr. O'hlam was out or order according to Ruben's Rude of Oyler. He continued dust it Alr. O'llam diol not air down and continued to disrupr die mceunb; he would be scmm•ed from the premise. Air. 011ajle=red that die dwomm of lite meeting was line favorably fullowad Totts Counsel Randolph commeawd Char the Commission continues to have decorum at this meeting, but that therewee bttenvpdnns. Is. Audit 9/30/13— Nolan, Holt h Aliner, 13.r1. Bunald Benaett, CPA introduced himself and highlighted his Itandnur for the year ended Sepmmber 31), 3013. He stated dust it was good news this jeer. Mr. Bennett d=cnbed and detailed the Gocmmenal Ito enucs reporting the increases, and special:nacssineaL, which will enndnue neer the nest aunt (9) yeam Mayor Onlmcir suggested taking a 3-tolnute break ne 92n mm., ns theca were studio problems. 1139 meeting commenced spin at 924 :; . Mr. Stennett dcetled dm General pend liabou with the graphs, which is generally unaraibmd. He also addressed die \Crater f'arupric pend which wns good news wide the increase in operating reverses and dscascd uipenxu, due m using outside aaatdon. Air. Berman addressed the high amount of ms=tai of 506,nU11 which will be available fire repairs and. mainter ance in the future. He continued to dctadh the complete Audit 1413un with no, ttcgattn comments. Mr. Henoch stated that he h arnihblc all year to address no}' a}vodom ar no chatgc m dac 7mrn. Commissioner Gnngca inquired ngarditg the t'own's older water pip= with unknown creta, and die mailable nrenue used to cithureplsco at maintain thea Mr. Bconctt responded that the question should be addrusei to an Lngineodng Mmn who could answer it bettor than an Accounting I"smh. He continued that the old= condidoo of the pipes was a eiarna thing, and that hcuns not aware of the dollar amounts required foe disc hie Rmnetr suggen:d hiring an eoginrer loud: at die project, give a qunm, and nr duh time, the town can esus their metre for die proicci. Com dissdonet GangerInquired whether the older pipes replacul on A41 were losing a great tied ofwavr, and whether they were the same pipes used at present. Town hlsonger Mustsier sramd clue it was a tifa,av 13 -pe of pips He did tint remember die figures fine rcpUcemrnt or the analysis of the pipes. Town Manager lbrashu continued that if the same situation oeenea now, it could mat 51,000,IX111 at this time. He stamd that the pmiectad wirer loss was monitored at 4"'. to 6% at that time. Town Manager Thrasher npoctd tut this was nm happening at this present time ]LgW,rNmLq,nJ I'uWctl,ulna DRAFT Tnaa cwaw.rrmst,rdLw ltsaatu,mia-r,srt Commissioner Ganger stacd dint anyddng that impedes the Town's building, of their reserves should be avoided. He .1150 commended Mr. Bcuifies cRorts, and attcnda0ec in Town Hall working durctlywitt Smif. C. Town Manager Town A4nonger Thin slier stated that he had no spurt at this dine. D. a%jcWtccuuraIRmicw&Planing Board 1. hlccting Dates a. f cbruiry 2i, 2014 p 11:30 A.M. b. Match 27, 2014 p 8:30 A.hL c. April 24, 2014 p 6:30 A.M. d. May 2_1, 2014 p 8:30 AAL C. June 26.2014@6:30Ad1. L July 24,3014 p 6:30 A.M. L• Finance Diracwr 1. I'mancial Rcporr fierJa minty 2014 Tatum Manager Thrasher stated he has submitted Itis January 2014 rmirc:ial Report in clic Commissioners' rye• Commissioner Ganger inguired if then was anything of cancan an die horizon. Town MurtgerThrnsber stated that the had na further sport at this dint. 2. Water Ungc is, of Jnauary.31, 2014 Tnaa Maimger Thrashersuited that he had nothing Curdicr to rcpnct at this time. P. Police Chief 1. Activity Cur January 2014 Pollee Chief Ward submitted tic Anhity Report forJanuap• 2014, and it w35 accepted as prascatet. Di. ITEMS FOR COMMISSION ACTION: A. Continuing Scricts Contact— UAun Design Kilday Studios Town Manager Thrasher described die Continuing Services Contract wide regard to the Town's Design Mantua to assist the Cammisdantta and ARPB with drvetop to nt of the present Deign Manual. He asked Inc dee Catrhmiasionrts' approval in continue with its tenure with'Urban Design KOday Studim. as they have started the Tann very %tell in the past Tmsn Counsel Rudolph aimed he did not know the purpose of the contract other than Urban Design Kdday Studios sun it to the Town, in the event that a contract was rquhsd. lie continued that this Company was used on an hourly basis as a consultant in assist with die Design Manual Town Counsel Randolph stated that he did not feel that a contract was needed at this time while these wtu a consultant on board. lie also suggested that If the Commission= feel that they want a contract, they should sack bids Iron various companies. ro-aau,arauoraaa rW�mx�.� D W Q Lf" r..,i cwamn.a.amranc tanw � t1,:nN—I'aees Commissioner Ganger stated dot there is nothutg in the Gnnpany's r,lednnship with the Town precluding die Tleen going with another camp=y. He continued that the Town could be reecivlag different points of rigvs, ho die Town bas not ahvayr agreed with Urban Design Filthy in the past Cnmmissiunar Ganger also agreed thira contract was not necessary. Vice -Mayor Stanley irguirul if the 1,oum would be rceeming n eoofrming letter to establish rates for the cuncntycor. Totem Counsel Randolph responded dmr Town ALuangur 7luasher ernhW w•dta n Iener mque,ring rnta. He staled that die Campsite was not on a reaainer, and could he consulted at say rime rcbard'utg may & i n issues. ALL O'Hara mule a point of infnrmation inting it was unlawhd for rbc town nut it, give other cpnsulcums an appertunity m hid for the lub. hfr. O'Boyle inquired whether die contciet ptmendy in effect or contemplated. written of hznb:d, wits subject to Gcptcr 19. Town Counsel Randolph responded they arc subject to Public Itecnnis Itgt,mrs, Me, O'Boyle further stated tar Ira is running for Taus Commissioner. lir discussed the gale lest Gum Apal 3013 at Ala Pulty's house. ben O'Boyle continued that he did rnareh on Code Sidon 66-031, and learned deet the baro was nor imdtu d. Me repotted on the various hating dates regarding die gate issue. Air. O'Boyle further reported that hit. hlinor acted that it was petmitud, He eummemted that in a later email fmm Mr, hGnoc to Town Mannger Thresher it anted time "O1{orlc was higbt and I waa wrong and if you cent it to be that, you ought to clunge it". He continued that with minae] to dhc Town continuing to utilises Utban Design Kilduy Studios, they should rcmvnbcr Toren Manager lhrashcr and Air. Minor "magiagy" unde up a nide. Town Counsel Randolph tcpatul that no action is nccasaq• or this rime B. hems by Alayme fir Commissioners Commissioner Ganger afetrd in the barba opposite the Town of Gulf Scream thought to be soling doe Tawa's sand but it was later determined it was not the Town's send. He continued that in fact it wm back up in time, and die Town wU acquire mon: sand for their bmehts. C. Resignation oFILD Hoc Committer Natalia Dmid Bodker Mayor Otthwein tested she was sorry to hear that news as hh. Bodkec wiould he a great asset in the Ad His: Committee vith his apertitc in len lsenping. iza araubraaWitvr W hc4acllndnC ©� f 1P/pt � TennCd., nLneabeC ill\ Fenrw,rll,>011-hrna Tones Cleric Taylor also addressed the fact of Mc Bedkees experience in landscape aahiocctum Town Clock Taylor nporred that while no one hat been appointed as of (be pannus day's meeting, du Camminec Members mentioned several pmspccts forte position. Commissioner Ganger ngiced that landscaping is on an, and suggested dint maybe hlr. liucl.'.0 could recommend someone with his similar understanding fora teplacaaent to civic Commicme Town Counsel Randolph inquired if die Ad Hoc Commitccu is addng the Coumm,ion to uake dint appuinnnmt To%m Cleric Taylor responded that de Ad Jim Cummium hopes tient the Commission malas the appomuncn4 but if slut is not pwsiblg they will do it. She further stated that the Committcc unto, a professional landscape hulkidual, and nat n resident. Mc O'Ham mpunal regarding his attendance to the rid Hoc I1lccdng dna preview day stating that 1 %hnun a•ee $pant on guaemturs. He stated that if any code clwugm acro especmd to Like place, die mredngs shmdd speed up. Mr. O'Boyle refemd to the incident dint attracted earlier in dw meeting, and stated that it win: disheutming� and inqulmd whether die To%% Flail facilities wee equipped for Isamdi,,pped peasant. Vim-Mayor Sunday -4-cd if his smtcmmt vas related to doe Ad Mac Committu and Mr. Iindker'a nsiynutiaa bit. O'Boyle reipondad'Yes". Tuner Counsel R.Tndalph stated that tit subject could he reserved far another time, an it ant not an this day's Agenda. Mr. O'Boyle sots! that he did not want an see this happen again, and aska:d Mayor Orthwtin to look into it Mayor Orthwaia :epohed that ries O'Hara stated that site could actually n;dit, : ad that it was a humble display that Mr. O'Hae aeamil. hit. O'Boyle discwsed his mrun ms with the Ad Hoe Commince, as. the noel= scope of their dudes and their goals. He suggested getting rid of dna Manual, and putting more faith in the residents' decisiant and to nuc their choice. nryv4r aheewe anJ iL 41 m f IunnC Tom 4nmtuba AtminC DRAFT X. �nloognmxl:rvr: !Mayor Onlnycin ndjuumcd the meeting at 10:03 am. Sandrallcin Recording Secretary MAYOR'S PROCLAMATION Town of Gulf Stream Proclaiming the Month of April 2014 "WATER CONSERVATION MONTH" WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, the State of Florida, Water Management Districts and the Town qr Gulf Stream are working together to increase awareness about the importance of water conservation; and WHEREAS, April, typically a dry month when water demands are highest, is annually designated as Water Conservation Month, to educate citizens about how they can help save Flarida'sprecious water resources and WHEREAS, tire Town of Gutf Stream encourages and supports water conservation, through various educational programs and special events; and WHEREAS, every business, industry school and citizen can make a difference and help by ejjciently using water, thus promoting a healthy economy and community; and NOW, THEREFORE, I, Joan X Orthwein, Mayor, Town of Gulf Stream do hereby proclaim the month ofApn12014 as "LVATER CONSERVATIONMONTIi" and call upon each citizen in the Town of Gu jStream to help protect ourprecious resource by practicing water saving measures and becoming more aware of the need to save water. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of file Town of Gulf Stream to be affa d this 14,4 day of AVarch, 2014. Joan X. Orthwein, Mayor —vT' &, TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application#: 013.07 Owner. M/M Nelson Gruutney Address: 2960 Polo Drive Agent Mark Marsh, Bridges, Marsh & Associates Proposed Improvement: Construct and attach spa to existing pool. Approvals Requested: Special Exception To permit the addition ofa spa that will encroach 332 feet into lite west setback which will be attached to and become a part of the existing swimming pool that encroaches 6.42 feet into the west setback. Level 3 Archilectural/Site Plan To permit the addition of a spa that will encroach 434 feet into the west setback, which will be attached to and become a part of the existing swimming pool that encroaches 6.42 feet into the west setback. Gross Lotsize: 16,519SF Effective Lot Area: 17)96SF Zoning District RS -OGS Core Considered During Review: Section 70.75 Special exception setbacks Note: Standards of approval for both special exceptions am met. Staff Recommendation: Motion to Recommend Approval of a Special Exception to permit the addition of a spa that will encroach 4.34 feet into the west setback, which will be attached to and become a part of the existing swimming pool that encroaches 6.42 feet into the west setback. Motion to Recommend Approval of a Level 3 Arcliltectural/Site Plan Review to permit the addition of a spa that will encroach 4.34 feet into the west setback, which will be attached to and become a part of the existing swimming pool that encroaches 6.42 feet into the west setback based on a finding that the proposed construction meet the minimum intent of the Design Manual and applicable review standards. ARPB Date: Pebruarp 27, 2014 Action: Spedal Exception (1): Recommend approval as presented. (4-0) Level 3 Architectural /Site Plan Review: Recommend approval as presented. (4-0) Town Commission: March 14, 2014 Action: Special Exception Level 3 Architectural/Site Plan Review: Wit: A. i . TOWN OF GULF STREAM RECEIVED -h 1 JAN It: 2914' ( .nsp libnll6freggl rl CI[5r1-pSS This ran" 15 to be used for a7 davebpman' nevinv eprdicallons to be heard by Iha,To+rn or Gulf Slmam loan acluml Rwi,w and Planning Board, 3oard of Adjustrrmnl, Ilnrfor Torm Caornllsslon. To complete Dram Praperly, ploosa review the accompanying TOIL of Gulf Slmmn instruction Manual rwApp6aolio Ile, topmonl Roview Form. Fnilum In complete this roan Properly Will delay Its eonsldnmllon. ARM FNo f! ll-,L2— TO l-,LZTo Oa WItrydated by aAoppBch. PART II, GENERAL INFORMAT10r1 art A. Project Inrormalfen IA.1. ProjccUO,maFlame• A a 1 r nF• LA2. Projoel Addm,: 2960 POLO DRIVE, GULP 6TREAFI I4.3. Pto)aclPmpany LotiWDerarpllon: IAA. PrOJecl Ooaipdar(dasaIDe kr dela�T includlnp it olslades, AnnTTTniv nF A RIA Tn rxT4,pTtjG PrInf LA.E. Sgimro Foorogc or i4mv Glruaun,, Addlilan: Areldieehual Style: 1.A.0. C3mckall that apply: O ArchlleclurdMIU, Plan Ravlmt D Land Clcarlip 0 Nath Occan 3oulavard Overlay (cramplalo section a) D Dammi4lon or Structure, O Non.mahlantial uses 0 Variance [complete 4099M GJ 0 Special Exception (comptalo sacllanE] I.A.T. (o) Proposed F.F.E.: _ N/A Typunr Fnundnllon: nTT.Tmr. 0. Ownar, InronnnUan I.M. OwnerAddmss: 2960 POLO DR -VE GULF STREAM, FI 1.32. Owncr Phone Numh 14- 9 7 U Fas:314-567-3940 1.3.3. OnTa SIgnllum yam, � q�, i. C AOonl lnlartnndar LCA, Agora Name and Firm rJnmm�g R'rnrrs MARCit A Akgn tUjMRRA UTT.T.TAuc_ LC.2. Agonl Addre.:;_ 16_ VIA MISNER. PdLm Rearm_ RT. aidan I.C.3. Agent Phono Numbcr.(uu6114-461— QpT�f Fox na7_1c7n PM -App Date: Alm Dale: Cam I/ ARP bate: - Rec ,nondalion: -- Data: TCP C ale: Decision; Application forOwciopmcnl fglpmval Pmtl ADA.2nag rovismi n1130n Pago 2 PART III. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by no applicants ndoobafter Fm-apANca!!on con:e;onw nfJr Toros Sfnffi2Er,�j)jjrc;jp liar quos A11adr erfornal rituals only vdlen nacessury and be cure to if d�da ilia apps_ prfare and compfela gmslkn numberfa•nedr mspcnac. j,TT rT 2014 A• ProJeel Oexrlpdon andJustlRmlion f1w, nl Gh9slreanl, FL _ IIIA'. In 031120*19 district is 1110 preJcd Nita lucalad7 SDRE IIIA2. Is the project compaUble wlGl Oro lnlonl arihe z0.*dsbs O kl? ®YeIJ0 Explain. ALLOKED UNDER ACCESSORY USE 111.0.3, Ic Gm pm)cd coruddere wier life Fulum Land Use Mcp and penis, obluclhtes unit polis:ns of the Comprchensivo Plan7 C Yes C 110 IILAd. 11011, m ingress and egress la Ilia pmperty tube prodded? III.AJi. How am the foll0wbg uNilies to be provhled in the property? a ShxhavaterDminago It. Sanitary Sm>0r C. Potable Water d. Inigal'wn Walor a. Elecbklly 1. Tdephou G Gus It Goleta TelevnMn III.A.G. If ilia proleel Inver, Iho Oracles of One or mom oW:ture:, pease descrUm ha, the alroetums am eom stunt wilh The &riled; In section GG.I44 of the Town er Gulf Stream Cada (Almeh Idt lllonal sheet If nccossary.J PART IV. ADDITIONAL INFORMATION Seclkn A b to by eampinlcd by on appGcanls after prl pppllmlbn confamnca w111, 7431ll slats Ansrmdng 'yos"le any question in Sedan A rename, the coW,,,Vm ofadd ijo,al Suctions m indicator,. A. Addllfanal AppmvalslRcqulmmonls NA'. Deas the pmjud kwdva land area vrllldn fifty real (SG') of Ihu AIA (North Occas Boulevard) rfgh<up stay? 13 Yrs W NO (If'Ye. , section B of Ulls pan must be mmplalod.) IVA2. Dora the pmJcel Involve Ola dumdltbn at ane or more structures? C Ycs EHIJ0 (if `Yc1", xcllun C of IhLs pan must be mmplel0d.) IVA3. Does G10 pm;ecl Involvo Gla doting or Nrng Of any pa•Ibn W an oxkGnO vpcoM lot n mom than filly percent(5o%)the bndscaped arm or a do olapad lel? ❑ Yes XM Na (If"fes', secgon on D 0 orlhis part must be comphled.) IVAS. DOos the project require approve: alp Speckl Excepgon7 Di Vas C IJ0 (If 9'ee. seclfon E of Ihis pml must ho complciod.) IVAG. Is Iho prolad at varlancd vdlh any rogulol!onN contained in Gra 2a,Nng Codo7 C Yes m No (If'1'es", soGkn C of Ilds paimusl Vo complakd.J Applicat on for Oevelopmenl Approval Form ADA.32000 Page 3 E. Projects RequlrinU n spacial EccepUnn. N.E.1. Ls lhl .IAN • :•I�i ProPeacd use a parmNled,peClal M,Plioa uso7 , N•�• Hmv • IUWh �R 6UIItl11CilN. FI "CHOM, and moml,Once, IlCalad Ind Pf Yes ❑ No Coon S"lhm: 70-75 C Willbopmisled? PrOPosnd to be nparalad so Uml Ino pubnc —m kcal lY �'rrOSEe re e.: __ IV,E,3, wi31hn u;o .--� "rUUIRED PROSECTIO-� cav;n subslenU111PJ N POR gAp be localad7 O Yna Ifi1J/ ory Io Ih �artl•_yy nr.r....__. a Pelvo of other Proxrly In Hit:nablIhnihoo d ,tIM II In to IV-EA.Rmr11.81 the use be Cit •na.uE OR NEIGRBORHODD PROPERTV (s to he located? OPIOWo WrIlt 04,1n; nit UwllopmnPt and of Ulo chemclar D TtIE PROPOS the LsWd wltnm If EO gpA ADDITIONS REFLECTS lbw CTURE9 FOUPID ON PROPERTIES SIMILAR POOL SPA NX -5. ft WITHIN TRE SURROUNDING IanrLuaP!ng and ccrocning aro Provldad? TRE PROancn.. _ •�r+iTiON WILL REDCm W.S.G.Does locvind?a OY� f a SOI o1 aPPnCabla rayvlallona PoyemiPU Ill. D isldci voltorcla II Ix to be Emtnr.. P• Non•RostdenllalProJocl¢nittl Ro¢Idonliel Prolactc or Groat or Ulan 2 Units W.F.I. if cmnnnn area folllcs om la be Providod• dcscUro thanamattav Uaoy oro to be maintained. IV.F.2. mCrootian fau?ipo; arc to h po Pmvldcd. dencitho Thom Ind In& polandal bnnoperdco, pada oe erarramdinp IV.F,3. For cads or Ilia lol!onatg, pill Ute ntanbcr Lonrnng Spaces;_ Pmvldnd and their dlmcnslons, Sma3 Car Pa HandlciPPed Allplicallon for DnvuropmentApproval Form ADA.320110 Pogo 5 ��' �� 4 f 1 r 4 H . P m J a c l s R a q u l r i n g R m a n i n o I V . H . T . W h a l L " I h a F a l u m L a n d U s a d a s l g n a 9 o r , a f l h p p r o j a d a i l p 7 I V , 1 . 2 . I ( I h p P r o f i t I n P l a n l p r o m N n g , 7 a n i n 2 C o d a t e a l c h m 9 o ' F u l u m L a n d U s a M a C p m z 0 g o n a h a P l a n I c d d r a n g p , v m y m r n b ! n o l l c n p m m p f , f u r h 0 c a 0 a n f p f t h e r a q u a s L P l p a s o d o s c d n a I n n n c d C h e a p , P A R T V . O P T I O N A L I N F O R M A T I O N a d p n f r m P a r t L a p f l g n c l f p r p p p p p & a n L . A p p y c a n f s a m e n m u m g a d , h a f n a l m g d i m d , f p p t v ��i d a a n y a t l d A h n p l m / a v a n f ( n f a m a l i v n m g p r d y r g l h a P m i r a d l h a f a m s n h f c o v a m p a f s o n h a m o n 1 h L f a n n ' o r o n a n y o f f f n W m r m a f e d n s s p a m p ; a d v a T h p i p p p N i c a l i p n O F A N E W E L E V A T E D S P A T D B E : A D D E D T O T H E r C E N T E R E D I N T B D N / N 6 I D E O F E X I S T I N G P O O L , - ��A F P 1 L T H E P P n P n q n g o A T M L O C A T E D T I M = T S P A P P l l r n i l o n l m D p v d a p m c n l A P I R D I V F a n n A D A . 2 0 0 0 m v i s e d O ' N a 0 P a s o 7 -===:2�7L 3AD3 HMOS y � s lag P� e'0 i2epege2e 9 11' P IRS ap [[ E -===:2�7L 3AD3 HMOS ---------------ae{aa maa --- v 's G 7 9 �• << �,' '• I i v TOWN OF GULF STREAM ARCHITECTURAL REVIEW AND PLANNING REPORT Application#:014-03 Owner. M/MBryan Cook Address: 1226 North Ocean Blvd. Agent: Mark Marsh/Nievera William Proposed Improvement: Construction of a partial two story single family Angelo Carribbean style dwelling Approvals Requested: Level III Architectural/Site Plain To permit the construction of a partial two story single family Angelo Carribbean style dwelling, a 3 car garage with guest quarters and pool, a total of 9,903 5F. Gross Lot size: 48,509 SF Effective Lot Area: 34,110 SF Proposed Total Floor Area: 9,4035F Allowable: 9,42?SF Zoning District: RS -O Height. 2B' 4" (roof height <_ 30' Preferred) Finished Floor. 16.0' NGVD Issues Considered During Review: Section 711.67 Effective lot area Section 70.70 Floor area calculations Section 70-74 Setbacks Section 70-100 Roof and eave hciehts Section 70-187 Table of district standards Plat 2 Motion to recommend approval Level III Architectural/Site Plan based on a finding that the proposed partial two story single family Angelo Carribbean style dwelling, a 3 car garage with guest quarters and pool, a total of 9j703 SFmeel the minimum intent of the Design Manual and applicable review standards with die following conditions: 1. Any minor modifications in the landscape plan shall be submitted to the Town Manager for review and approval and anynmjormodifications shall be broughtback to the APPS for review and approval, prior to commencement of landscaping. 2. Wall and/or fancesalong the side Property lines %vid be measured from the lowestabutting grade with a maximum height of 6' indudfngany lighting fixtures that may be attached. 3. AB chain link fencing will lac screened from neighbors view. ARPB Date: February 27, 2014 Action: Remmmcnd Approval with 3 conditions listed abnve. (M) TOWN OF GULF STREAM ir-RECEIVED q R,-, JAN 1 5 2014 kyr, urnn of GBlfsireanl. �[ APPLICATION FOR DEVELOPMENT APPROVAL Thi" toren i" to be used for all deve(apIchment review applications – -eard to" Property, Ilevlas end review 1118Planning Boor, Board of Adjlnl, andforTloCommis on. Tof tempts eGut ethe orm properly, please 0:m. the ae I rd To of Gulf Sl/aan lnsfrucfion 74ertual !or gppficafon far Oavefopmanf AaviowFomt. Pollute to complete Ill' form if Stream in fmcoedelay Its consideration. ARPS Flie-1--ij 3— To be 010111d by n7 a1>•n r�nfs. PART It. GENERAL INFORMATION r x ProJactlnrormauan I.A.I. ProJocVOvrnw Nano. Mr. E Mrs, Br an Cook 1A2, ProJerl Address 1225 N Ocean Blvd., Gulf Stream "I. Plejodpropaayt.agal0escrlption: See attached I.A4, Project Dowiplon(descrlboin detail, lnciW(ng a orsforias, olc) New Two Story I -AS. Square Footage of Naw Structure orAddillort: Architecture]$NIC, A..-,– , I.A.O. Check all that apply kl7prdrileduraVSllo Plan Review O Land Clearing O North Ocean Boulevard Overlay (camplefa socllon a) O Oamoulien of Structures O Non•residonllal uses ❑ Variance (co ore6fe section G) ❑ Special Exception fcempkte serti3dF,1 (o)Proposcd FF.E: +16.0' Typear Foundallon. stem wall 8. Owncrinformalion 111.1. Owner Address: 7707 Forsyth Blvd. St Louis NO 63105 1.02, Ovmer Phone Number. 314-746-46n0 .._.. 1.8:3:. •Owmersignak C. Agent lnformnlion I.C.I. Agent Name and Firm Namr_M. Mark Marchln {do marsh a A___5Src _ LC2. Agent Address:�11�6 e}r LC.3. AgentPeNumb32. 533 a I_�`_- Fax561 .832.1 5�0 App Com APplicallnn far Develop Rearm Approval Form AOA200g rmiseJ Nt3/00 Page 2 I,- RECEIV ER JAH j 5 20N PARTIII. PROJECT DESCRIFTIDN AND JUSTIFICATION TO bo c fnx,n D(Gul!Sttaanl. FC oed a d io ell stlaerenfs nAerpre-eppfcn;fon con/e2nce trt7h Toren S;aft Phase ba mnclso but M'¢I. A7/am otldiional sheets only When necessary and be sure 11 Include 1110 approp411e and complale gucsuon numuor/Dream response. A Protect Dmcrlplion and JustlOcation IIIA?. InlvhatmntnOdfsldclis the projecl site located? Ocean Nest IIIAZIsthepmedccmpaffofowlhtheiNmlcrthezcningdlsldcl7 QYes ❑No Exdain. Nests all the criteria regni,gd for th IIIA.3. Is the project cons'slml wrh the Fulum Land Use Map and goals, abjectiven and policies of the Comprehensive Plan? 63Yas E3 No Explain. Praoosed residential use i Of Che future land up,. IIIA4. Hnwcre Ingress and egress to the property to be provided? Prive driveways fron private topAar— IIIA.S. Hmv wu the fatlowing ullllllm to be provided to the prop dy7 e. 6mmavatar Drainage nn sir b. eoniblrysewor septIc s ct M Polable Wnlm t d, Initiation Water �_ty e. peclriUly FPdt g TelophOn¢__ AT6T g. Gas TPU It. Cahle ieletNslnn IIIA. L If the projeci Involves the ererJion crone or more atructres, please ducriba hors the sbuclurm ora consistent with the cril'00 In section 66-144 of the Tvm of Gulf sheet If naceStream Coda. (Allam adtlllonol sary.) PART IV. ADOITIONALINFORMATION SaWarr A is to bo completed by ae applIcanls Ourpro-appllcagan conference wllh Town stall. Answering 'Yes"lo any question in Section regular the corryilelbn oredd4b,,, Secliona as Indicated. A. Additional ApprovalslRenufmments IVA1. Does the project involve land aura wilhin filly feet (501 of Ills A1A (North pecan SWa,, rd) tight -or. woy7 0 Y aNc (If"Yes", section 8 of this pan must be complelcd,) IVAZ Docs rho project involve the demollUenOrono ormoro stmctures7 ❑ Yee P No (If Yes-, section C or Ihs part must be comp;eled.) IVA3. Docs the project ovdive the Dearing or filing of any portion or , existing vacant lot or more than Dam percent (50%) of the landsmoad area of a developed loll Oyes IR No (If `Yes; socllen D or this part must be Completed.) lV-A5. Does the proJoci nocturne approval of a Special ExcepIkm7 Oyes ®No (II `Yes ; secUm E of Ih6 pad marl be eortrpleled.) IVA6. Is the Project al varlm" vdlh arty regutallons contained In the Zoning Code? p Yos f;2 No (If Yes", section G of Ihts pan must ba comp!el¢d.) APPrnaffcn for Development Approval Fane ADA32000 Page 3 fat; t. [,1jil R. PraJ"t- Requiring Rezoning IV.N,7. LYhal n the Fulura Land Use designalioa or the project sive? IV.FI2. If the prole'~ involves a retuning, Zoning Code Iaxl change, Futuro lu+lncalton for the roqu 6L thong', or any comhtnaltan Iho De, Lend Uso blap change. Piaaso tleaulbe the need and PART V. OPTIONAL INFORrdATIbN 7hls enhie pad g 00ional for lit appGcanrs Applicants nre addi(knef relevant fn/omgt(an mgardfng the prgap that Ivan net Wtagedl but nol re uhud, gie oggrmatodafssuhmRtaIf Wild the coveredesewlrere oa Ih1a 10 Provide �y PPtwtion wwr unyW Proposed new -----------------------2-----,-t--.-, -y residence luithin a 6 unit subdivision APPika5an for Oavelapnuml ApPro al Flam ADA2000 10143W GMJDD Page DU0 lel0,� L � I `-_ � ti <4 r,. 5 ii 'I �• Y ] i Silt ] I1 e r3=,i y Y8 i In! 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TABLE OF CONTENTS SECTION PAGE(S) CashBalance Sheet............................................................................ 1-2 Budget Report, General Fund...................................................................... 3-6 Budget Report, Water Fund............................................................. 7-8 Budget Report, Undergrounding Fund ................................................ 9 Town of Gulf Stream Balance Sheet February 2014 General Fund 001 Water Func1401 Underground Fund 155 Assess 001.10102.000.OD Coll -BB&TCD 5235,63553 SO DO MUD 001-10103.000-00 Cmh-Hud: arAmerica CO 5163.963.81 SUM 50.00 DOWD104-000•UD Call-S"TrusIM61A 5333,653.91 S0.DO 50.00 00I•IOIOG400.00 Calls -Oper Account 5669,475.66 Soon 5000 001-10107.0110-00 Cmh - Wit Account 5539227 50.00 50.00 00I-10109.00040 Cash- Suatmn Gcnml Fund MMA 51,1155,623.76 50.00 50.00 nal-IOMI•DOn-GO Cab -pally Cash 5200.00 50.00 SO.nO 001-1 1 5 01.000.00 Accounts Rccdsalde•Garbalte 511,63374 SOHO 50.00 001-14IDD•000.00 Inventories 53,254.53 SOHO SO.DD ant -151n1.000.00 hneahmmu-SEA 53,(.3375 SD.GO 5000 155-10101.000-00 " Underground Pmj Ppm Food - Checking 50.00 SO.DO 52,114,766.92 155.10102.000-00 Cash -Suatmn hMLA 5000 SO.DO S2,633,61237 155-IISOI-000.00 Assessment RecuiroWc soon SO,DO 52,001,60667 155.11303A50.On Delinq Asseumenl Recictuble 5000 50.00 51,079.04 401-❑SDI.000-00 Annum Reedvable-%Vale 50.00 Se9,93950 SDnO 401-13503.000-00 Accounts Recrisuble-Resmes 511110 S4,416.SI 50.00 421-IIm1-20040 Less: Allumnce-Water 50 GO 56,59D.00 50.00 401.13100.0014D Ooe From General Fwd SOLO 5592,41638 50.00 40145501-000-00 Prepaid Otter Soon 51,162.91 50.00 401.15503•DDa-0O Prepaid%9mer Maas SO.00 (51.01930) Sam 401-ISSN000.OD blmnory 50.00 59,546.15 Soon 401.164911.000.00 hnpmvemenuOdmrTlunBidg 50.00 52.656,931.72 50.00 401-16590.00040 Accuut. Deprm.-hop OtaaT Bid 50.00 (5719,17-436) SOAD 401.16690-000.00 Equipment and Furniture 50.00 S61,573.00 50.00 401-16790.000.00 Accumulated Dept - Equip' Fum 50.00 (557,996.00) SO DO Total Assets 53.7111,PPfi.98 53.59'-,400.51 56,951,067.00 Lialdlltln nud Fund Balance Lahllldec 001.2020Q000-00 Attollens Payvblc 51.56732 SOLO Soon 00170700401-00 Due to Waun Fund 5592,416.38 50.00 5000 001-21601-DOD•00 Accrued Walter Payable 530,068.06 50.00 50.00 001.216DMOD-DO Aemed Rctirceno:i N)vhie 569024 50.00 SOLD 0I-31702.000.00 FICAT=m Payable 52300.72 50.00 50.00 001.31606-000-00 other3aumnce Deductions 540.01 SO,OD 50.00 001-++303-000.00 De(ared Revenue -Ss1'R 56,194.14 SOHO 50.00 135-32301-000-0D Deferred Rescan 50.00 SRDO 52.002.685.21 401.20300.000.00 Accounts Pa)mblc 50.00 S531 50.00 401.22000.000.00 Deposit-Dausaw Beads SUM 575300.00 SOHO 401-2-1501-M-01) DetemdRncnue S3.00 SS.n1.00 SO.00 Town of Gulf Stream Balance Sheet February 2014 General Fund 001 Walar Fund401 Underground Fund 155 Total LlahIM[" 5638,67657 581 27631 S2,002,685.21 Fund Balancc 001-24702.000-00 Rcn.MtfCl Dcnl;m:_ 517,820.00 SO.na SOHO 001.27101 -ODD -00 Fend Balance 53,045,190.11 SD.00 50.00 155.27101-000.00 Fund Balance 50.00 s0A0 54,848,3SI.79 401-'_T300.003.DO Ruined Earrings-Unrnwcd 50110 i,n97,491.n6 50.00 401.272 0 0-5 3 71-1 0 R=incd Evninas-Ramcd SO,00 (W4. 3.84) 50.00 4 01-2 73 0 2.000-W R:ERomed FOrl3;SandR� R SO.OD 5537.915.95 SO.DO Tnlvl Fund Bulancc 52.063,02D.11 52.511.124 20 54.848,181.79 Tata) Lbbilldo and Fund Onbnc 5-,701,8BG.98 5'_,592,40051 Sfi.BSl,nn7.nn 2 Town of Gulf Stream Income Statement General Fund as of February 28, 2014 P. 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RT-vmd 4:,ucanr 316, paw -STM 13'DDF.,l Fm UWfvlm L Eq,P y Road Mvl LDDS 513 Calve WAY S. Cvummbv611gnv T91a1GynJImn4 Nm R1 mvc IDlaWl DECMV cISM TIAL1CCL NET SYIII'LL51(DEFICIT) LNtntn Fp RA NcE Am suca Cgmnt kanla low Sam yip Sam Sant Som 41cua1 0v0031 YOriance Aaanl Rudyrt Yrivn_•a 7m4 RuGyN FwJ Slo;0m 3!37137 31,31!13 3!0,411-59 T_91fi 61 3•.]ld l[ MS.O = L'DhlmlFgdpma Sty 11 31-1111- 5!513] sl.,9 at SI4CSD S1.514 it S1,350w RVDx }ICAoW;1, Tmgv5•Pp !1.0 $1918 511561 Dsam 50931 19511 waam Cme:vd Elm -ea. RE 'Jlm saw Sam Sam Sym Som San Cr4a1 RILI-Pp Sum 3'J.,ISp 57,34149 Sats D:.m_0 33T,97D 393]lnm Sam in Or., 5113,51314 551.95.96 !60-,m613 507.0130 5111413 SL,t S.Sm tp Swaix IL;,bs9bc5• SJ,i N'Jlc FICAt.,ua 0.c1�c+n C9ua3aan Llwxd NulSlLauc tl•mlm Ca4gYDvun UnmP'alact [ba,+vv4:ca 9DSan ra,:zl sm�, LI's.Tml, p:Tvml L'Nkln Cfem'v9 31ic wM Smu Rayatn S:pm-Senn nCAT4,a RmiSmnCwronuu Lir,"Itma6l. t'vnzr1.�14-Soto Elcvir-Stam RaolN lr>L Ealme Sitv:. 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Cvummbv611gnv T91a1GynJImn4 Nm R1 mvc IDlaWl DECMV cISM TIAL1CCL NET SYIII'LL51(DEFICIT) LNtntn Fp RA NcE Am suca Sum low Sam Sam Sam Sant Som saw Saw Sam Om S342 Sam Sam Won Sam Sam mm $ono Sam Som Ow Saw Ow No SRO Sam Saw Sam mm O1A Sow SAID Som Sow Span MUD 0m Sam Sam 1II=657 SIIStiv SISsm 3N.901.45 SHJIIJI IIIA.—III 314po0m saw Still 59331 Sow f11a61 311505 Sl.awm Sam Sam Spm Nm Sam Ow son Sam Sam Sam Sam Som SUM MAU 511J•fFi SIL1fOm 19).11 SN94174t S51.1419d 51591 514(tmw 541GG 16 317!131- 9454 SL1S;I.W =SMM 5110 sl:]mm Som Spm Sam 59561 Sam 16%1611 mm Sir—, DN9 DSII SOPS_) S63:AOS IS'S6D P.334113 Doi It S99aw S-6.32 533071 Y1 M.991 Go IPS9a1 111,9sS.m MU41 SI 1111} 1206 vu lttNw 53MA01 IS.,T411 SUSmm S:" 5414) 2n31 SPOPI 571,01 555_ 5!mnI 51=10 51.16661 ISIL491 DJzn1 5511311 DIU1 514'amon Sam 511.11 31331 sum 5166.IJ Stall imp.w Ow DAI:Sn 3101134 SI5,H5.1t SISp65Ja D6.13nm WAS 6051m Sf.AD SSICm 51.19m (L•pll w3 5).lmw pit" Sam Sam Sam Snm suw O.w SAM ODO Sam 3499.0: Sam INSams Sam wm 51161 54161 D5o.0 =431 11151451 55n0m 311.16 .510001, SSI.., 35902: Sham 599.11 51SI0m ll.nonw DSS6d5T 9:,466.61 simns.11 314I,S)S11 9x19114 SISI.wOm SOW sum Oto X43 SA" Sam Sam O,153T Stamm 511.3_!1, 3161]9) 15 MSal 19 Sn,ln!L 5191Ssm sus'sSa59 91amL14 VLISIAS 51.451,01-15 11]119056 341311]1 T.,JT1.N t9[]I loll D1.1p1.9 5!]9,91,14 SI]I u59ID 191.139]91 99.Oaap0 COSiSa1]4 510V,34.0 Dna Sm,I91S0 5776101./9 SODS 5-110.191.0 D,06.41 (31(:1191 91=73 St]9 102jP1 51]1).15141 (full! ]91 9d• -0E0.110 Q.a61N1.11 9S0]Y.9S 91,907.9 SSDDS4D1 IIS95SnP (91.151]91 040.1-130 6 Town of Gulf Stream Income Statement Water Fund as of February 28, 2014 C.rnn141ga01 yap Awvl Mild V.=. WRRJ 6u1i61 V9n.x. ID14 Sudg.t Mm.a tt'An Sa'.s !tan S:W Sam Sam Saw Sill.ala33 514'!x66 $34IIr SMUSOM TYW H'an Silo Sam lam Sim 5311,®33 mr.1:6666 314U 7: Sv:j,a00m Prmc Fs1 5!,(3!:14! 5_mw SJ -.y 19,141.14] s1:3wm 53619] SmAilam RvmnSrt. 9.00 Sam Mal 565.)114 5_fi14w $.•6(300 S6nAmw TmlCam.Fm Saw Sam Slim S.^..'Jam r2amca JMCU S66Am.CD I1Nn 61i1c•UM Sam Sam Sam 3:5•J'M ylw MIN79 Saul O.7nvv•H1:n Sam Sam wm S:,S:Iv SDm 11[].71 Sa.w 7.0114111100 Mao NAD "314 596,1"33 9AA6166 16,16351 SS6A00Aa GPndmm 0.'ynr.alunl u'm r.laHw •[Y�na.l 99,r!Ds r:..Dm sna;66 11n571n s:64:tnm sry]c9 ss7,muw H'4n •Grnv7 5!,(3!:14! 5_mw SJ -.y 19,141.14] s1:3wm 53619] SmAilam 13'0011 P.N,vN A6rn CimV Via SY 13 Sill Sll.ld "l Sl MISS 5110.00 Twtavn hckiy Aw,I511 S:J.'rl l] SJA17,71 SIa:. D" 5:13.11511 51.111)]1 5113.11aw UAn C4".3uo 11. PWNasn•abn SLSaal Sly_]]] 5:3].1] 513.6416: SI7.TG665 59715 "2A4a0 O.7nvv•H1:n Sam Sam Saw 9a3S Saw 1I1D711 Sam flGTan I:SMI: M13 53591 31.956: Still IS I9-17, S31M am.rso Cunnl:uolm SMIS r1l.31 9311 5T339Y $3.31613 151+1:1 3S9IDw Llhad11nb111gaPu.Y 51_71 11.11167 99J% CSW.30 51511.31 IS_I ail 513!00.!(3! UISSt3aw] Sam 15133 MIST S19m Szt01.3I ]:.53]]1 Sh 91110.1 {]•PIrt S.,.pIi.SlToml 51(33"1 r6aw 514100 M. m 51_11400 IJllm S1Amw RsT �fna1 mw 30.161:5 SMIZ SAMM $11,76!5 7.1541.:1 S36,743xii G Xlxa6.anc feu men 91411167 15,11667 so L•3P911 I:03 31 50=09 sa5.,rt w:.m.,z 11400,11 SDm 11"5 51607 SDm 591.31 S5113I S' -,w AtletlF 1smYe. SI33 Salla 115311 91Sair Man 19.431]71 51,31, CPnavvcin 31.4 11100 1W41 59.59 SDm 139"1 3111)(3 P.s SMISO S2.11 ISI:d_.1 MJJM 91675 1511dl1) SUILOD Ekvti•[Ibma9r SY31 Sana IS3GY1 Simi MR) U1_dll Sam Pra.elm i, B.6 ps51 SDaa 316.561 31665 lam 391.31 111131 SSJaw PaSmw WLk.YrT. Sam ]1400 SAM lam 5',133m 57,1:Sw RP.9ww MJ¢pPnvalS'ITfv1 Sam Saw mm 31.51]69 Sam 151513.691 3aA(3 DM.WSsE.p.. sam 51a9 Sam SCAR M.Mam 33A9aLa 515waAa Tu10 E13.vrt 9A9.16 311163" S13.11DU 5+!.:531 5101,50000 SSAIS F6 r1•.39aw T.WE,.adinm PUPIL 95613(31 rUlp. rum as 5-39961 90.3201 s99."am Nmpnn.e 1pc3ml EVAIII66:1 {5$[514!! 9]]l1b SSAIaR 115,19 .51 315,6]71• 566f9Im 7 Town of Gulf Stream Income Statement Water Fund as of February 28, 2014 8 Nmnt Man;h ySp R�tl 8vapat NNnc1 Rtlml 6utlptl Vadann 1014 O.V,.t UEPVA�G ML VSiLAVR SL'SROSn.0 Sato T._LNeY SVOix a] Sam SaaL•a•na Samoa NETS1TPLRgGESII']T] IHt.IClla Jam 04UM", S107,674.17 WID Slai.ala.R Sam, MaNG R11111.\LLNM SLSa1.RN lam S•A9=1 1:3w o?alt Sam ]SAM'S •a Shpt 8 Town of Gulf Stream Income Statement Undergrounding Fund as of February 28, 2014 Not Rnznue(OcOctt) (SI 1,624.97) S0.00 (511,524.97) 543,131.40 SO.uu 542,131AO 50.00 REGINN1NG FUT71 BALANCE 54,86006.76 Current Manth 54,86606.76 54.806_15039 YTD SM06,25039 50.00 NETSLOtPLUSI(DEFICIT) Actual Budget Variance Actual Budget Variance 2014 Budget Retinues 54,846,781.79 50.00 554,948481.79 .0,848,301.79 SOHO 54,848,391.79 5099 Intacst Imcnrit On 5140.64 50 DO 5140.84 51,036.15 SD.00 51,036.13 5000 5140.64 50.00 5149.84 51,036.15 50.00 51,036.15 SCUD Olher Asmu=tRr%=ues 512,26813 $0.00 512,256.53 5166,79330 50.00 S156,798.30 50.00 Trtact Rmwtue on Amosment 32.51450 50.00 52,514 50 538,1204 50.00 538,732.04 50.00 Admin Fm Revenue 5740.17 so no 5740,17 511,251.03 50.00 511,251.02 50.00 A7ise0oosaus lir.rn0e 50.00 SO.OD 50.00 S1,710A9 50.00 51,71049 SO.DD 515,54350 50.00 515,54350 535798185 50.00 5337,95195 S0.00 Total lierenues 515,69134 SO -On 515,68434 S239,018.00 Man 5139,015.00 Sam Fapendilures All Espcnw Enginmin; F=% 514,791.84 50.00 (S14,791.84) 531,046A9. 50.00 (531,046.49) SDOo Prof Sms- Const Survep%%rvk SO DO 50.00 50.00 SS,snoCo 50,00 MAN.= SOM Pmr5re3-Project Admin 51,80000 50.00 (51,800.(111) 51,800110 50.00 f51,300.0U) $0.00 Cant Svcs -Pre Came hndsmp SIg3S225 50.00 (SIM53.33) 510282_15 S0.00 (S1D,38235) 50.00 Com S%cs-AT&T Ra SCUD SCUD SCUD 5136,43038 50.00 (SI36,450.3SI soon oiscuum 5383.63 SO.00 (533362) 59,136.13 50.00 (59,136.13) 50.00 Cannlyddmin Fee 5151.60 50.00 (5151.01 52271.35 SOADts_ 2-1 71.11 sD.00 Ta1aJOMcr Expcm. 527309.31 50.00 (527,509.31) 5196,586.50 Sam (5196,8866n1 5000 Total Espcudilums 53150931 50,00 (521,11193 i) 5196,686.60 50.00 (S196,886,6D) 50.00 Not Rnznue(OcOctt) (SI 1,624.97) S0.00 (511,524.97) 543,131.40 SO.uu 542,131AO 50.00 REGINN1NG FUT71 BALANCE 54,86006.76 50.00 54,86606.76 54.806_15039 SOAR SM06,25039 50.00 NETSLOtPLUSI(DEFICIT) (511,924.97) 50.00 (511,624.97) 542,131.40 SO.OD S4'_,131AD 50.00 END= FUNM BALANCE 54,846,781.79 50.00 554,948481.79 .0,848,301.79 SOHO 54,848,391.79 5099 Y 9 INTER -OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE CHIEF OF POLICE GARRETT J. WARD DATE: 3/7/2014 TO: Williamlhrasher, Town Manager RE: Police Department Activity Report For 2/1/14...2/28/14 ACTIVITY COUNT Alarm .�__._..___.__.._.._.. 17 Assist Other Departmonl Directed Patrol Dispatch Error ._..........__._..___._.._...__...._._..._..._...1 FJ.r. ...... Found Property Grand Theft .___.___._.__.__.,__...�._.___....._._._......_i Information------ .__._____.___....___.._.___,...._..___.__.__.._..._S. Lost f Found property Motorist Assist ...___.......__.__... ..... ____._._�.._.__.�_._.-_L Police Senica Suspicious Incident Suspicious Vehicle ThoftlpclitJ Town Ordinance Violation Traffic Complaint Traffic Contact Trespassing Flt INTER -OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE CHIEF OF POLICE GARRErT J. WARD DATE: TO: RE: Police Department Activity Report For 2/1/13...2/28113 ACTIVITY COUNT Norm Assist Other Department Directed Pawl Dispatch Error Disturbance Identity Then Lost l Found Property__..._._._._..._._.___._..,_�._.,.i. Police Service Police Service (found Dog) Suspicious Incident Suspicious Vehicle Town Ordinance Violation Town Ordinance Violation (dog)_ ... „_._,_.,_^....__,�_._.._..._....�_.._.__3. Tratiic Complaint Traffic Contact Trespassing RESOLUTION NO. 14-1 A RESOLUTION OFTHE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, URING THE FLORIDA LEGISLATURE TO ADOPT AND GOVERNOR RICK SCOTTTO SUPPORT LEGISLATIVE CHANGES PROVIDING FOP. THE REGULATION OF RECOVERY RESIDENCES OR "SOER HOUSES" IN THE FORM OF STATEWIDE LICENSING AND REGISTRATION; AND PROVIDI14G FOR AN EFFECTIVE DATE. WHEREAS, recovery residences, also known as "soberhouses', are not required to be licensed under slate law; and WHEREAS, soberhouses impact residential neighborhoods and when unlicensed and unregulated, create safely and welfare hazards for both their residents and surrounding neighbors: and WHEREAS, the Town Commission of the Town of Gulf Stream urges the Florida Legislature to adopt and Governor Rick Scott to support regulations and licensing requirements for sober houses in order to: 1. Create a consistent standard of operation to provide uniform and safe operation throughout the stale; 2. Provide for accountability for the owners/operators of these homes; 3. Help end abuses that area occurring in some homes; 4 Require background checks for owners/operators of these homes similar to those required for owners/operators of substance abuse treatment providers, assisted living facilities, adult famlly-care homes and adult day care centers, and community residential homes; and 5. Ensure that certain life safety standards similar to those already in place for the homes and facilities referenced above are followed In order to keep residents safe; and WHEREAS, die community housing component of licensed day or night treatment facilities Is already licensed pursuant to Chapter 397, Florida Statutes and such housing performs the same function as a sober house; and WHEREAS, uniform regulation of sober houses will provide safety to a disadvantaged group and protect both the residents and Ihe!r surrounding communities; and WHEREAS, the Town C omission determines that the regulation of sober houses would be in the best interests of and protect the health, safety and welfare of Its residents, both temporary and permanent. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, that: Soction 1. The foregoing recitals are hereby ratitled and incorporated herein. Section 2. The Town Commission of the Town of Gulf Stream urges the Florida Legislature and the Governor to support the regulation and licensing of recovery residences (sober houses) located throughout the State of Florida. Section 3. The Town Commission directs that a copy of this Resolution shall be provided to the Governor, the Speaker of the House, the President of the Senate, the Palm Beach County Legislative Delegation, the Florida League of Cities, and the Palm Beach County League of Cities. Section 4. This Resolution shall lake effect immediately upon adoption. Approved, passed and adopted by the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, in a regular session assembled [his 14th day of March 2014. TOWN OF GULF STREAM Mayor Commissioner Commissioner Commissioner ATTEST Commissioner Town Clerk Page 2 of 2 P.esolulion No. 14-1 �� n : MAYOR: VICE MAYOR: COMMISSIONER: Joan K. Orthwein Thomas M. Stanley Robert W. Ganger Scott W. Morgan Donna S. White March 27, 2014 SPECIAL MEETING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, AT THE CALL OF THE MAYOR, ON FRIDAY, MARCH 28, 2014 AT 4:00 P.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEP. ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Hiring Additional Counsel. V. Appointment to the Ad Hoc Committee. VI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 2B6.0105 I i *414 April 4, 2014 MAYOR: Joan K. Orthwein VICE MAYOR: Thomas M. Stanley COMMISSIONER: Robert W. Ganger Scott W. Morgan Donna S. White REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE 'TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL, 11, 2014 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. ' LI. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular Meeting 6 Public Hearing of 3-14-14 B. Certification of Election of 3-14-14 C. Special Meeting of 3-28-14 V. Additions, withdrawals, deferrals, arrangement of agenda items. Vi. Announcements. A. Regular Meetings and Public Hearings 1. May 9, 2014 @ 9 A.M. 2. June 13, 2014 @ 9 R.M. 3. July 11, 2014 @ 9 A.M. 4. August 9, 2014 @ 9 A.M. B. Mayor's Proclamation -WATER REUSE WEEK May 18 -May 24, 2014 VII. communication from the Public (5 min. maximum) VIII. Reports. A. Utility Undergrounding-Danny Brannon (Engineer) S. Town Manager C. Architectural Review a Planning Board 1. Meeting Dates a. April 24, 2014 0 8:30 R.M. b. May 22, 2014 @ 8:30 A.M. c. June 26, 2014 @ B:30 A.M. d. July 24, 2014 @ 8:30 A.M. e. There is no meeting in August. O. Finance Director 1. Financial Report for March 2014 2. Water Usage as of March 31, 2014 E. Police Chief 1. Activity for March 2014 AGENDA CONTINUED IX. Items for Commission Action. A. Adoption of Decorum Policies B. Appointment of a member for the ARPB C. Resolution No. 14-2; A RESOLUTION OF THE TOWN COMMISSION THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND THE FISCAL YEAR ENDING SEPTEMBER 30, 2014; PROVIDING AN EFFECTIVE DATE. D. Proposal -Execute Final Release of Lien -2765 Cardinal Cir. E. Items by Mayor and Commissioners F. Reorganization of the Commission 1. Election of a Mayor 2. Election of a Vice Mayor X. Adjournment. OF N&F, SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 ., r MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 14, 2014 AT 11:00 A.M. IN TIM COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order: Mayor Oxthwein called the meeting to order at 11:00 A.M. II. Pledge o£Allegiance: The Pledge of Allegiance was led by Mayor Orthwein. III. Roll ill: Present and Joan K. Orthwein Mayor Participating Thomas M. Stanley Vice -Mayor W. GarrettDering Commissioner Robert W. Ganger Commissioner Donna S. White Commissioner Also Present and William H. Thrashet Tolvn Manager Participating Rita L. Taylor Town Clerk Thomas Baud Town Counsel - In the absence of John Randolph Garrett J. Ward Chief of Police Danny Brannon of Town Consultant for Undergrounding Brannon & Gillespie Project Mark Marsh Architect—Bridges & Marsh Keith Williams Landscape Architect William Boardman Chnizman —Ad Hoc Committee Christopher O'Hare Resident Torn Murphy Resident N. Minutes: A. Regular Meeting and Public Hearing held on February 14, 2014. Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the February 14, 2014 Regular Meeting and Public Hearing Minutes. All vote AYE. V. Additions, Withdrawals, Deferrals. Arrangement of Agenda Items: Mayor Orthwein added under Agenda Item VI.C. that Town Clerk Taylor will read the new Rules of Decorum for all Town Chamber meetings, effective this day. VI. Announcements: A. Regular Meetings and Public Hearings Mayor Orthwein announced the upcoming Regular Meetings and Public Hearings, and inquired if there would be any absenteeism or conflicts, and there were none. 1. April 11, 2014 Q 9:00 A.M. 2. May 9, 2014 Q 9:00 A.M. 3. June 13, 2014 Q 9:00 A.bI. 4. July I1, 2014 Q 9:00 A.M. 5. August 8, 2014 ® 9:00 AM. RcGaln at=dng and U& Ik3 ing Minch 14.2014 B. Mayor's Proclamation —'Vater Conservation Month" Town Clerk Taylor read the Water Conservation Proclamation highlighting the importance of it, and stated that April 2014, typically a dry month, when water demands are the highest, will be observed as Water Conservation Month, calling upon each citizen and student in the Town of Gulf Stream to help protect their precious resource thus promoting a healthy economy and community. She continued and witnessed that Mayor Orthwein has affixed the seal of the Town of Gulf Stream this day March 14, 2014. Mayor Orthwein thanked everyone for attending this meeting and stated that this attendance bas not been seen in many years. C. Decorum Rules Town Clerk Taylor mad the new Decorum Rules beginning with "The presiding officer shall preserve strict order and decorum at all meetings". She stated that the Town Commission is committed to the principles of civility, honor, and dignity and any individuals appearing before the Commission are requested to observe the same principles when making their comments. Town Clerk Taylor detailed Section 871.01, Florida Statutes regarding willful intetruptioas or distttrbences of any assembly of people meeting for any lawful purpose shall be guilty of a misdemeanor of the second degree, and may be arrested by police officers present. She also listed the steps that will be followed if a person is declared out of order by the presiding officer and ordered expelled from the meeting. Town Clerk Taylor stated that the Town Manager shall have a uniformed Certified Law Officer available at all public meetings. Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve the Decorum Provisions, as read by Town Clerk Taylor effective this meeting. Ail voted AYE. VII. COMMUNICATION FROM THE PUBLIC (5 MIN. MAXIMUM Mayor Orthwein asked for any speakers. Mr. O'Hare congratulated Mayor Orthweia, Scott Morgan, and all the winners on their election, and stated it was a great campaign. He added that Commissioner Dering was very effective with his public record requests, and stated he was sorry to see Commissioner Dering leave the Commission. Mr. O'Hare discussed how evening Toxvn Commission meetings would be much more convenient for residents to attend. He also addressed holding Town workshops where questions could be asked and answered. Mr. O'Hare stated bow he has attended the Ad Hoc Committee Meetings where waivers were discussed. He also announced that he would like to consider Commissioner Ganger for Mayor of the Town of Gulf Stream. Mr, Boardman congratulated the Commissioners and bar. Morgan on their elections. He continued that with the type of election that was held, there were valuable voters' issues, and he requested the Commissioners to address some of those observations at a later time. aegl-T almdng end Pubklimdng Much 14,1014 Mr. Murphy also congratulated the winaers of the election, and oo behalf of the residents, stated that he too was sorry that the Commission was losing Commissioner Dering's expertise. He also addressed how the controversial election energized the community, and served a useful purpose by focusing on the fact this is a wonderful community. ML Murphy also commended Martin O'Boyle for "throwing his lust in the ring", and that the community tookheed of an electoral process. Town Clerk Taylor swore in Mark Marsh and Keith Williams. VIII. Public Hearing: A. Applications for Development Approval 1. An application submitted by Marla Marsh of Bridges & Marsh, as Agent for Mr. & Mrs. Nelson Gmmney, the owners of property located at 2960 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 21 Gulf Stream Cove Subdivision. a. SPECIAL EXCEPTION to permit the addition of a spa, that will encroach 4.34 it iota the west setback, which will be attached to and become a part of the casting swimming pool that encroaches 6.42 ft into the west setback. Mr. Marsh congratulated the Mayor and Commissioners. He stated that this request was approved by the ARPB in the past, butinadvertendy the proposed spa which was in the northwest corner was in violation of n mar setback requirement Mr. Marsh continued that the new application is to construct the spa at the northwest edge of the ezistingpool. He demonstrated the location on his computer renderings. Commissioner Ganger inquired regarding the elevations based on 1979 data, and then again on January 10, 2013 when the house was being designed. Mr. Marsh explained the updated survey for the additions to the house. He continued that the seawall was raised by permit to meet the minimum which was the only variable. Vice -Mayor Stanley inquired regarding the elevation of the spa above the pool deck. lvlr- Marsh responded that the spa is 18 inches above the deck. Mayor Orthwein asked for further questions or comments from the Commission or the public. She also reported that this application was approved by the ARPB. Vice -Mayor Stanley moved and Commissioner Ganger seconded the approval of the Special Exception to permit the addition of a spa that will encroach 4.34 feet into the west setback, which will be attached to and become a part of the udsting swimming pool that encroaches 6.42 feet into the west setback. All Voted AYE. b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to allow the construction of a spa which will encroach 4.34 it into the west setback and will be attached to and become a part of the ettisting pool that encroaches 6.42 & into the west setback. Regular Meeting and Pubtie Hnting Much 14, 2014 Vice -Mayor Stanley moved and Commissioner Ganger seconded the approval of Level 3 Architectural/Site Plan to permit the addition of a spa that will encroach 4.34 feet into the west setback, which will be attached to and become n part of the existing swimming pool that encroaches 6.42 feet into the west setback based on a finding that the proposed construction meet the minimum intent of the Design Manual and applicable review standards. All voted AYE. Town Clerk Taylor made n point of information slating that the neighbor who would be the most affected stated that he was very pleased with the project, and has absolutely no objections. 2. An application submitted by Mark Marsh and Nievera Williams as agents for Mr. & Mrs. Bryan Cook, owners of property located at 1226 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 2, Hidden Harbour Estates Plat Two. a. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the construction of a partial 2 -story, Anglo Caribbean style single family dwelling with guest quarters and a three -car garage, a total of 9,403 sq. feet, and a swimming pool. Mr. Marsh introduced Keith Williams who joined him at the computerized renderings of the property on Lot 2. He also stated that this lot is the most desirable in the community. Mr. Mush commented that the beauty of the lot is that it has a very unusually high elevation of apptoximately 16 feet on the ridge. I -It continued referring to the computerized renderings of the 3 -car garage, the purposeful symmetry to the layout of the house, the "H" shaped front of the home, and the very symmetrical rear of the home. Mr. Marsh also stated that the materials used are stucco, and on the second floor, simulated clapboard siding will be utilized with Chippendale elements. He commented that there will be wood and aluminum Colby windows. Mr. Marsh reported that the massing will not be overbuilt or accentuate beight He stated that the arrival area is somewhat Georgian Colonial, which is a little different than what exists in the development, to create something that was not repetitive in the community. Mr. Marsh reported that the house colors are sand/beige with white trim, with Aegean Teal shutters, and a grey tile roof. Commissioner Ganger inquired where this house will be in relation to where the Spence home was. Mr. Marsh responded that it is basically on the original Spence property, and that was where the best views were. Mr. Williams reported in detail, with the aid of the computerized renderings, the plantings of hedges and trees around the house and on both sides of the pool area. He continued describing the density of trees in the pool area, and the built-in gas Eire pits on either side of the pool, which help transition the pool level, and give the enjoyment of a fire pit Mr. Williams stated that the pool will appear dark in color, but not muddy looking, Commissioner White inquired regarding how the ficus plantings will be resistant to the white fly disease. Mr. Williams responded that the type of ficus being used will not be affected by white fly, as it is a lower fits plant and more tolerant Mr. Marsh gave a 3-diminsional "flyby" demcnswntion of this project on the television computer renderings aeg.da- h[=Eng and PubkNe..ing NLv& 14, 3014 Commissioner Ganger stated that this demonstration could not have happened without the generosity of the Civic Association's purchase of the Town Chamber's television for the use of the Commission and ARPB. He continued that it was a phenomenal tool in the presentations, and suggested all future developers integrate this same procedure. Mr. Marsh commented that he would not make it mandatory, as it is quite time consuming. He suggested this format for beach properties. Commissioner Ganger commended Mr. M.uslt and his associates on this project and stated he was very concerned that the large sire of the property would become a "cookie cutte2' and that the uniqueness would be gone forever. Mayor Orthwein asked for any comments from the Commission and the public. There were none. Vice -Mayor Stanley moved and Commissioner Ganger seconded to recommend the approval of Level III Architectural/Site Plan based on a finding that the proposed partial two-story single family Angelo Caribbean style dwelling, a 3 -car garage with guest quarters and pool, a total of 9,403 SF, meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. Any minor modifications in the landscape plan shall be submitted to the Town Manager for review and approval and any major modifications shall be brought back to the ABPB for review and approval, prior to commencement of landscaping. 2. Wall and/or fences along the side property lines will be measured from the lowest abutting grade with a maximum height of fl' including any lighting fixtures drat may be attached. 3. All chain link fencing will be screened from neighbor's view. All voted AYE. IX. Report A. Utility Undcrgrounding— Danny Brannon (Enginccr) Ivfr Brannon gave a progress report on the undergrounding. He repotted that the contractors should be completed with the conduit systems around May 9". Mr. Brannon said the main line boring has been completed, and they will begin in the next week going south down to Pelican. He continued that there were no issues with the easements, and everything i going according to plan. Mr. Brannon commented that they are still holding weekly meetings with staff in Town Hall. He reported the new light fixture with dimming capabilities -mill be installed across the street at the Police Department any day. Mr. Brannon continued that it was recommended to reduce the height of the poles by two (2) feet He continued that the street light posts can be changed to the fluted type posts which will match the street signs, and that there should not be any extra costs for that change. Mr. Brannon stated he would check into that He also referred to the schedule change in the Commissioners' packets, and stated that the project is under budge[ with minimal expenses. Commissioner Ganger referred to the private road damaged stop sign by the contractor, and asked who was responsible for the costs. Reguiu t new bj; end PubUc 11vag b[=h 14,2D14 Mr. Brannon stated that it was being pursued, and that the contractorwill pay for the repairs. Commissioner Ganger inquired when the mntmctors will start boring under the road toward the east Na Brannon responded that some of those have been completed already with a small machine that was brought in for that job. Commissioner Ganger asked about the lines that were across the private road, and the possible issues of driving over them. Mt. Brannon responded that those lines should not have been there; and that he should have been informed of something of the like, and he would have them removed if they were stillthere. Commissioner Ganger stated the lines have been removed. B. Town Manager Town Manager Thrasher gave updates on the Consultant who provided information on the Federal (ADA) American Disability Act that relates to Town Hall compliance. He continued that basic changes were being made, and that finances have been expended for labor and materials from this fiscal year. He continued that the doors' pressures also have been adjusted to comply. Town Manager Thrasher stated that engineers have been contracted for estimates which will be reviewed. He also advised the electronic dam storage is underway, and reminded it had been necessary m upgrade the file server to accommodate this at a considerable cost He reported on the newly purchased open portal program which allows anyone anywhere to access certain public records. Town Manager Thrasher explained how staff would not be involved in obtaining and providing that type of information any longer. He described the documents that will be on the new stored program within the next week Town Manager Thrasher reported that was all provided for in the October 1, 2013 budget to the Commission. Commissioner Ganger inquired if we are where we want to be within the budget Town Manager Thrasher responded that with regard to records management, the Town is within the budget. He also addressed the fact that the Police Department were able to basically lend n portion of their software budgetveq effectively to cover the Town Hall softwwc expenses. D. ArchftecturalReview&Planning]3oard 1. Meeting Dates a. April 24, 2014 @ 8:30 A.M. b. May 22, 2014 @ 8:30 A.M. c. June 26, 2014 @ 8:30 A.M. d. July 24, 2014 @ 8:30 A.IvL e. There are no meetings in August Mayor Orthwein reported that there will not be an ARPB Meeting in March. Town Clerk Taylor stated there is nothing on the board for March. 6 Regula Mating and Public Hndng Much 14, 2014 E. Finance Director 1. Financial Report for February 2014 Town Manager Thrasher stated that the Town is behind in the legal fee budget due to the fact they have been bombarded with late suits which the Commission has been aware of. He continued that the legal fees expenditures at this time are 92% of the entire fiscal year budget, and that will be $150,000 over budget, which is not listed an this February Financial Report. Town Manager Thrasher stated that in the near future be will have to address the Commission as to what should be done by year end regarding the Fund Balance which was previously to be replenished by $160,000. He continued dant he wanted the Commission to know at this meeting that the numbers nre not lining up, and further stated that he will bring back more budget information for financial direction at the next Commission Meeting. F. Police Chief 1. Activity for February 2014 Police Chief Ward presented the Activity Report for February 2014, and it was accepted as submitted. Di. ITEMS FOR COMMISSION ACTION: A. Appointment of Ad Hoc Committee Member Re: Landscaping Mayor Orthwein suggested that Keith Williams who spoke earlier in the meeting regarding the Cook's landscaping project be contacted. Mr. Boardman stated that it was a very important position to fill for the Ad Hoc Committee. Commissioner Ganger stated for the record that Mr. Williams and his partner have worked in the community and suggested he would be an able choice. Town Cleric Taylor read the following Resolutiou: B. Resolution No. 14-1: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA URGING THE FLORIDA LEGISLATURE TO ADOPT AND GOVERNOR RICK SCOTT TO SUPPORT LEGISLATIVE CHANGES PROVIDING FOR THE REGULATION OF RECOVERY RESIDENCES OR "SOBER HOUSES" IN THE FORM OF STATEWIDE LICENSING AND REGISTRATION; AND PROVIDING FOR AN EFFECTIVE DATE, this date of March 14, 2014. Commissioner Ganger moved and Commissioner Wbitc seconded the approval of Resolution No. 14- 1,with the opportunity of discussion at a future date. All vote AYE, C. Items by Mayor & Commissioners Mayor Orthwein again thanked everyone for coming to this meeting. %. ADJOURNMENT: Mayor Orthwein adjourned the meeting at 12:00 Noon. Sandra Fein Recording Secretary Aegis Dlcc Z md, rubUci;aring hf2mh 14, 7014 MINUTES OF THE CERTIFICATION OF ELECTION RETURNS AND SEATING OF COMMISSIONERS BEING HELD BY THE TOWN COMbIISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 14, 2014 AT NOON, IN THE COMMISSION CHAMBERS OF THE TOWN HALL,100 SEA ROAD, GULF STREAM, FLORIDA. L Call to Order: Mayor Orthwein called the meeting to order at 12:03 P.hL 17. Roll Call: Present and Joan IG Otthwein hlayor Participating Thomas hL Stanley Vice -Mayor Robert W. Ganger Commissioner Donna S. White Commissioner Scott Morgan Commissioner Also Present and William H. Thrasher Town Manager Participating Rita L. Taylor Town Clerk Thomas Baud Town Counsel - In the absence of John Randolph Town Clerk Taylor announced for the record that Commissioner Dering has left the meeting. M. Certification of Election Results: Town Clerk Taylor read the Certification of the Election Results stating that there were 713 registered voters, 417 ballots cast of which 39 were absentee votes, and the vote rally was Mr. Ganger: 325, Mr. Morgan 325', Mr. OToyle 122, Mrs. Orthwein 313, Mr. Stanley 317, Mrs. White 320 and the under votes number was 363. IV. Seating of 5 Commissioners: Town Clerk Taylor reported that the new Commissioners are Mr. Ganger, Mr. Morgan, Mrs. Orthwein, Mr, Stanley, and Mrs. White. V. Swearing in of the Commissioners: Town Clerk Taylor swore in the Commissioners in unison, filling in their own name appropriately, and presented Commissioner Morgan his new name tag fat the dais. VI. Adjournment: Mayor Orthwein congratulated everyone and adjourned the meeting at 12.08 P.M. Sandra Fein Recording Secretary MINUTES OF THE SPECIAL MEETING HELD BY THE TOWN COIQvIISSION OF THE TOWN OF GULF STREAM AT THE CALL OF THE MAYOR ON FRIDAY, MARCH 2S, 2014 AT 4:00 P.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREANI, FLORIDA. I. Call to Order: Mayor Orthwein called the meeting to order at 4:00 P.M II. Pledge of Allegiance: The Pledge of Allegiance was led by Ivlayor Orthwein. III. Roll Call: Present and Joan IG Orthwein Mayor Participating Tbomas M. Stanley Vice -Mayor Robert W. Ganger Commissioner Donna S. White Commissioner Scott W. Morgan Commissioner Also Present and William H. Thrasher Town Manger Participating Rita L. Taylor Town Clerk John C. Randolph Town Counsel IV. Hiring Additional Counsel: Commissioner Morgan stated he believed that the Town needs to engage Special Counsel to handle the numerous public records Lawsuits that exist He continued that with his own experience and special training in litigation, he feels that this addition will expedite resoludous to those rases, and at less expense. Commissioner Morgan further stated that he recommends Robert Sweetapple, as he has considerable experience in court room litigation and public records. He also reported that Mr. Sweetapple has recently presided over a deposition in the Chambers of the Town of Gulf Stream with regard to public record cases, and stated that Town Manager Thrasher can attest to Mr. Sweetapple s handling of that mattes. He commented that Mr. Sweetapple's fees were $500 an hour, but that he will reduce that figure to $350 an hour, for the Town of Gulf Stream. Commissioner Morgan moved and Commissioner Ganger seconded to engage Robert Swcetapple to handle the Town of Gulf Stream public record lawsuits. Mayor Orthwein asked for any comments. Commissioner White inquired if Mr. Sweetapple was a local attorney registered in Florida. Commissioner Morgan stated he was a local attorney, registered in Florida, and that the Town would not have the expense of flying frim in for court appearances. Vice -Mayor Stanley stated he had no problem with hiring ivlr. Sweetapple. Commissioner Ganger applauded the selection of Mr. Sweetapple. Mayor Orthwein stated that she is acquainted with him and that he is a good man. Speaal Me -ting Mneeh 18, 2114 All voted AYE. V. Appointment to the Ad Hoc Committee: Mayor Orthwein reported that Keith Williams, of Nievera Williams Design, has agreed to serve on the Ad Hoc Committee. She stated that be will make a terrific addition to that Committee, as he is very bright and has terrific ideas. Mayor Orthwcin commented that be is the Landscape Architect for the Cook development, and also serves on the West Palm Beach Planning Board. Commissioner Ganger added that Mr. Williams serves on the Boys & Girls Club, and is the type of person that jumps into his projects. He also stated that Mr. Williams would be a very valuable addition to the Ad Hoc Committee team. Mayor Orthwein stated that she has notified him of the nest two (2) Ad Hoc Committee meeting dates. Commissioner Ganger moved and Vice -Mayor Stanley seconded the appointment of Keith Williams, Nievem Williams Design, to the Ad Hoc Committee. All voted AYE. VL ADJOURNMENT: Mayor Orthwcin adjourned the meeting at 4:10 P.M. Sandra Fein Recording Secretary MAYOR'S PROCLAMATION Town of Gulf Stream Proclaiming May 18—May 24, 2014 "WATER REUSE WEEK" WHEREAS, safe, clean, and sustainable water resources are essential to Florida's environmen , economy, citizens and visitors; and WHEREAS, Florida's water supplies are finite, while our population and our need for water resources continues to increase; and WHEREAS, water reuse provides a means for conserving and augmenting Florida's precious water resources; and WHEREAS, Florida has established the encouragement and promotion of water reuse as state objectives In Chapters 373 and 403, Florida Statutes; and WHEREAS, Florida's permitted reuse capacity exceeds 1.7 billion gallons per day (over 67 percent of Florida's total permitted capacity for all domestic wastewater treatment facilities); and WHEREAS, Florida leads the nation In reusing 725 million gallons of reclaimed water each day to conserve freshwater supplies and replenish our rivers, streams, lakes and aquifers; and WHEREAS, the Stale of Florida has declared the Week of *May 18 — 24, 2014 to be Water Reuse Week In Florida; and WHEREAS, the Town of Gulf Stream has joined with the State of Florida, the Florida Department of Environmental Protection, and the South Florida Water Management District In encouraging water reuse and conservation; and WHEREAS, the Town of Gulf Stream encourages efficient and effective use of reclaimed water, and NOW, THEREFORE, be It resolved that by virtue of the authority vested In me as Mayor of the Town of Gulf Stream, I do hereby proclaim the Week of May 18-24, 2014 as (SEAL) Wafer Reuse Week Joan K. Orthweln Mayor TOWN OF GULF STREAM BALANCE SHEET & CASH & BUDGET REPORT Unaudited As of March 31, 2014 T)j&.J,I. TABLE OF CONTENTS SECTION PAGE(S) CashBalance Sheet............................................................................ 1-2 Budget Report, General Fund...................................................................... 3-6 Budget Report, Water Fund............................................................. 7-8 Budget Report, Undergrounding Fund ................................................ 9 Town of Gulf Stream Balance Sheet March 2014 General Fund 001 Water Fund401 l)nderamund Fund 155 Assets 001-10102-OOD-0O Cash -BRi•TCD 5255,84534 50.00 50.00 ODI-IO103-000-0D Cash -Banter ofAmerin CD S264,010.14 50.00 SO,DO ODWO104.0110-00 Cult -Sun Trust NINA 5233,1163.114 50.01) SO.00 001-10106-000-00 Cash -OperAmoml 5746,024.33 SO.DO 50.00 001.10107-000.OD Cash -P/RAmount 55,392.77 50.00 50.00 OOI.1011)9-000.00 Cash -Suntrust General Fund NINIA 51,055,68652 50.00 SD.00 00Id0201.000.00 cash. Petty Cash 5200.00 50.00 50.00 001.11501 -DDD -DO Accounts Rmeitable- Gmbage 529,388.91 50.00 50,00 001-14100-000.00 Inventories 55,13494 SO.00 $0.00 001.15101-000-00 ]mutmanor-513A 52,634.33 SOLO 50.00 155.10101-000-00 13adertnund Proj PSmt Fund - Checking 50.00 50.00 52,194,077.12 15540102.000-00 Cult-Sunwst NDIA 50.00 50.00 52,648,133.33 155.11501.000-00 Assessnmm Rocchable 50.00 50.00 51,990,001.70 155.11503.000-00 Delinq. Assessment Reeinable 50.00 50.00 51,079.04 401-11501.000-09 Accounts Recrivable-Water 50.00 5179,877.95 50.00 401-11503.0110-00 Amounts Rcminble-Reserves SOHO 513,538.51 SOHO 401.11701-000.00 Less: Allmvanm-Water 50.00 56,590.DO 50.110 401.13100-ODI.00 Due Frem General Fund 50.00 5508,94115 SHO 401.15501-000.00 Prepaid Omer S0.00 SI,I62.91 50.00 401.15503.000-0D Ptepaid Water Meters 50.00 (SI,019.301 SOHO 401.15504-000.00 Inventory 50.00 58,546.15 50.00 401.16490-000.00 Improvements Omcr Than BldL 50.00 52,6511,921.72 50.00 401.1659D-000.00 Accuta Deprea-Imp Other T Bid 50.00 (S726a77.36) 50.00 401-16690-000-00 Equipment and Furniture 50.00 561,878.00 50,00 401.16790.01)0.00 Accumulated Dcpr-Equipt Fum 50.00 (557,896.00) SOHO Total Assets 52,5911,1110.62 52,6411,983.83 S6,833,391.09 Liabilities and Fund Balance Liabilities 001.20200-OOD-00 Accounts Payable 51,44257 50.00 50.00 001.20700-001-00 Due to Water Food 5508,941.25 50.00 50.00 001-21601-000430 Accrued Wages Pa3ab1e S3D,068.06 SOAD 50.00 001-21603-000.00 Accrued Retir nt Payable 56,290.24 50.00 50,00 001.21702-000.00 FICATams Payable 52,300.72 50.00 50.00 001.218D6-000-00 Other boom= Deductions 540.01 50.00 50.00 1)0122303-11DO-DO Detained Rntnue-SNP. 56,194.14 SOHO 50.00 L55.221301 -WO -00 Deferred Rn-mue 50.00 SD.00 51,991,08014 401-20200.000-00 Amounts Payable 50.00 SOAl 50.00 401 -22000 -NO -00 Deposit -Damage Bands 50.00 570,500.00 50.01) 401-22301-000-00 Deferred Revenue S0.110 S5,77I.00 50.00 Total LlaLlIllin Fund Balance 001.24702-000-00 Roerve for Osniging 001-27101.000-00 Fund Bab= 155-27101.000-00 Fund Bclanm 401?7200.000-00 RdIdned Earnings - Unreserved 40t-27200-530.10 Rclained Earnings -Rumcd 4 01-2 73 02-00 0.00 RIE Resereed For DIS and R S R Tolul Fund Bulonee fS 124,282.84) Total Lin6llllies and Fund Balance Town of Gulf Stream Balance Sheet March 2014 General Fund 001 Water Fund401 Underground Fund 155 5555,276.99 576,271.04 51,991,08014 S17,B20.o0 SOHO 5000 52,03,033.63 50.00 50.00 SO.00 SIDE) 94,5,12410.85 50.00 52,151,079.65 5400 50.00 fS 124,282.84) SO.00 Sam 5537,915.93 SOHO 52,042,903.63 S.,564,7L2.79 54,842,210.85 52,598,180.62 S2,640,983.83 56,833,291.09 2 Town of Gulf Stream Income Statement General Fund as of March 31, 2014 Cun.N f•.Wlh TN OudOd V.A... • MW41 6ud0.4 V.d.n.. 1014 Rudp.l f ;vayTOm Ad VabmnTaur Mrm 511.,73996 55416140 SO,WIA6 9.M4411,73 r4U,ML1S 56,ISID 9,143.07100 Ad V,tarn7sn•I *.W 5402-" SO.W 5l0M90 S=vS Sam Sim146 Sam Ea7Pal741a 114cwnJW VAE (1176091 IS11190.01 5971 (3 5 4919 411 IS111]5001 (S6,J544i) tS02Wml Im6n1 v.T17 GGnun 3000 Spm 3000 MCA SO." 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S I 1 0 0 A a G a l a l U n t l S " S a m I S I ` a 0 . m 1 3 1 5 , 6 6 6 6 ; 5 ` 9 , 3 1 6 . 6 7 S 1 a 1 1 1 1 . 1 7 S I T 1 0 0 , 9 1 s w , 4 6 1 7 1 9 a 4 4 m m C O m n n ' v n b P n l m l s o w S a m S o w S a m l a m 7 a m S a m 5 3 7 3 1 . 9 9 S 4 0 . 9 6 1 A 1 5 1 - 1 0 1 - 1 3 1 1 6 , 1 4 9 3 4 5 : 4 5 , 7 6 1 1 6 M S t A l i 1 3 4 9 1 . 3 1 1 m T m a l G P l e J l m m 1 1 4 9 , 5 6 9 . 9 1 = 3 , 1 1 1 7 4 1 1 5 , 1 4 1 " M . 4 9 1 1 7 1 2 - 1 6 5 1 , 7 9 A 1 o m 5 1 5 , 4 . 3 1 4 9 A I U I E A a N n f t n a u c r y c @ a l U 1 1 . I D m l ( S U S , I S S A 1 ) S 1 1 L 1 1 T A I 7 1 1 5 2 , 7 9 4 6 5 I , 1 1 1 A 9 3 0 0 S 7 3 a 4 4 0 S I d u s s . 9 0 R E G L D I L Y G M T I B A L A - \ C E 3 1 . 9 6 3 0 9 4 . 4 6 S L 0 1 1 0 1 1 A 1 S L O B 9 1 1 . 1 9 1 . 6 0 " ; 1 . 1 1 1 1 0 S L A B S M I 1 1 4 1 l , n 7 M ? L U 1 1 / n M c M ( 9 1 1 4 9 3 . 1 ( S I 1 1 , 9 9 A 1 ) 7 1 1 " J S T A I 9 4 9 , 7 9 4 6 5 1 . 1 1 1 , 6 9 1 . 0 6 9 1 - 9 3 1 5 1 6 3 d 1 0 A 0 M N G M . " D B A T A \ C E 9 x o L v a l 6 7 - 9 3 ( , 9 ; - S I 1 2 I 1 7 . 6 1 5 1 , 0 1 3 9 4 L 1 6 S 1 1 9 4 A 9 . S 1 1 7 1 4 9 3 0 9 4 0 . 1 1 1 4 3 5 Town of Gulf Stream Income Statement Water Fund as of March 31, 2014 Cma.el a.an.A YM A.W31 a.da.l V.danu Ad.al Rudaal V.flun. 3014 Rocha! Rv.aav tl'wp t\'av Salm it "An 49 515;11113 SIC34.1.16 SnI.Inx 5061,49959 513.653.51 SS_;amm TaWU'ua San sirJA141 51LU1.13 5147"I6 S47535131 51a1,499.99 $130135 5910060 Rv,n.Fm S7A1-1115 3Jmm SIT1.91 31),t"" 511,017141 33,3119. 5117.500 p",nv Fav 511 Xa.m SII,e00m =m 511.40A0 SnAmm P$am 176,a00.0 T.WRv. .R. Sll_3am SII.0910 a7am S11AStm 51/.50.00 3141.00 SMamm O,b AI'u.•10M Sam 360 SaAI 62,371.79 SO= 53319.79 lata G.mie.•tl3iv 360 s6m Sada 62.11" Sim 3137379 SOm TaulRv,aun 1175.111.11 SIN331M 51aAN.lp 551111e1H 51NA99d1 516,96137 SI31AIIm Up"It.. U1v hrtvM lt'ux Pu.SOmd-Cenv,edpp 3L•y4a1 5!]JSIW 59,"331 5515,151.90 5111.100 5S1,W7.10 $L`iAm.00 t1'aa•Cary.ilf. S7A1-1115 3Jmm SIT1.91 31),t"" 511,017141 33,3119. 5117.500 \\'av PmelOuddllm Rama PJ6 S7.17 3131 54031 1340 SI4d6 Sl iam TN \\S1u9vdmd 5"311" 56{711.17 314"131 SU?,1NIa SR1,55493 591Jm43 1617,1160 W v Eapvml Wry419L,n-R'mv 53110m S111115 5193/ W.146V7 511.31993 5171116 377.645.50 G.mie.•tl3iv 50.11 Sao 1519.711 56150 SO all 1561!01 am FlC T. Sun" S/1A1 51535 11,615./11 31p0% 151.721 Sn,7Cm Rvk6 C=rk kvO 5616.11 Y41.11 WAS 51.46017 VA" it 130.191 SatAm 1R.avdlkohl... 51.62169 51,1160 IsSu.ml 57.4100 SAM" I57.17A1) 111.500.0 Gf5?"' Sam 1.IIA7 SM.67 5133.0 51.149.99 53.113.91 56!00.00 U'vv3.vpta34T.ts, SIaSAe Mao 51450 Stalin 3I.50"_m SMOm 53.00.0 R'*Smkal 01mm 56,591.5 ISI,I64.731 SI6IlaW S1137150 313.16150 ST6,w.m GmmlSiaaalnvO Fru 537!1669 51,1166'1 1111.31001 517.11669 51749991 133.416.111 SUA06m Saft..lLWama6mlmn MAD Slav 51/SAI Som 3119.91 5419.91 szMm ALv.OuuwaSmev 360 mm lam 500 151.6052171 MAO Cvvatni-3M 31.07 - Sam 151.511 S10.4I MAO IS10411 Mau Paw$. Sam 513.75 51171 Slum 5•e.0 ISr_ua 513100 li.ltie•Celv',m1m 355." Sam 1Slf NI slT. 5000 tsvow) 360 Iyvald.v6rR0d 411 Sam Slav Stan Sam 599n93 599991 Tamm Falvum lv LYuvRe3n 316.916.69 V,inxa 159,"1691 516,916.69 5I4,9man 151,1666q f_vlmm AEc O"JLS S.'p 51!31 Sa.m 15-5111 5111601 Sam 151116011 Sam Gap.rmMlul w 57Am.m 33AWCO 1N,00m) 571mm SSAmm ISIA00) 311109.00 TmaI dSV Fapmva 577J9Sm 519.1.510 ILUJ51^1 5113,17440 Sln;9"31 519110" i`/1in- TmaiE.Pu6il.m LIAATa1.11 S11,9a501 (G711119) mSa,In" 5161//131 5111.11513 SSll,a6lla Kv M.la.p4dtl 15111159 530.113.17 tsn. 4.n) 511116/76 93.10511 swir39 566101.0 7 u ccbNZNG R973 OAL{SCE NR3CNPLC5.7CE Icn EXCLVC MO VALANCE Town of Gulf Stream Income Statement Water Fund as of March 31, 2014 Cunact S.tvnth tto Adv61 Oui061 Vctlaccl idc d Ccd0c1 V1: h.-. =4 adcA011 r.SSS,O.q:O SOXI S161S.151:0 Sixix6O) Si EO SS.12L156. Ai Si00 SU-Wv 5000 W311SY 5161.SSLi6 50.00 516161.15 SSVO 57563,5=0 SOHO 3256;53m, r,561,511.15 50A0 rZOXS.li SOA] B Revenues Interest honest On Investment Other As cu neat Remo= Interest Resenuc en Assessment Adndn Fee Revenue hrtscellaneaus Revenue Total Rexnues Espcndlturn All Expenses Engineering Fees PrurSte, • Const Sunq• Work PmCSsrs • Project Admin Cont 5m - Pre Const IAndsenp Cont Sxcs- AT&T Fees Oiscaunt Count3•Admin Fre Total Odter Expenses Total Eapcudlturcn Net Revenue (DeOcip Town of Guff Stream Income Statement Undergrounding Fund as of March 31, 2014 Current Month YTD Actual Budget Variance Actual Budget Variance 2014 Budget 515693 50.00 5156.95 51,193.10 50.00 51,193.10 50.00 5156.95 50.00 5156.95 S1,193.10 50.00 51,193.10 S0.00 511,60497 50.00 511,604.97 S199,4 03,27 50.00 S198,40327 S0.00 S3,37457 5000 52,374.57 540,596.61 50.00 540,596.61 S0.00 5698.97 50.00 5698.97 S11,949.99 50.00 511,949,99 56.69 50.00 50.00 50.00 51,710.49 50.00 51,710.49 50.00 514,67831 SO.00 514,678.51 5''5_',6x0.36 S0.00 5252,660.36 50.00 514,836.46 50.00 514,935.46 5253,11,A6 50.00 5253,853.46 56.00 510,66930 50.00 (SI0,66930) 541,715.79 SOHO (541,715.79) 50.00 SI0,032.50 50.00 (SI0,02250) S15,81' SD 50.00 (SI5,8L'.50) 50.00 50.00 50.00 50.00 51,800.00 S0.00 (51,800.00) 50.00 50.00 50.00 50.00 510,383.25 50.00 (510,382.25) S0.00 50.00 50.00 50.00 5136,45035 S0.00 (SI36,450.391 50.00 518424 $0.00 (S)84.24) 59,32037 50.00 (59,32037) 50.00 513036 50.00 (513036) 52,401.71 50.00 (52,401.71) 50.00 521,006.40 5040 (521,006.40) 5217,893.00 SO.00 (5217,893.00) 50.00 521,006.40 50.00 (S21,006A6) 5217,893.00 50.00 (5217,893.00) 50,00 (56,17094) 50.00 (56,170.94) 535960.46 50.00 535,960.46 50.00 BEGI9NING FUND BALANCE 54,948,381.79 50.00 54,818,381.79 54,806,25039 50.00 54,806,250.39 50.00 NETSURPLUS/(OEFICIT) (56,17094) 50.00 (56,17091) 535980A6 SO40 535,960.46 50.00 ENDING FUND BALANCE S4,842,27695 50.00 54,812,210.85 54,913,210.85 SO40 54,812,210.85 50.00 9 TOWN OF GULF STREAM WATER USAGE REPORT Unaudited As of March 31, 2014 DaT7•p•;2• TABLE OF CONTENTS SECTION 'Comparative Water Use By Consumer By Year .... PAGE(S) Water Usage Chart Analysis...................................................................... 2 TOWN OF GULF STREAM COMPARATIVE WATER USE BY CONSUMER BY YEAR 4 GULF STREAM WATER USAGE CHART ANALYSIS 160000 ■Feb -March ■Dec -Jan c U ■Ocl•Nav m 170000 L A T 1 v E a 0 0 60000 S G A L L 0 N 5 B 1 40000 L L E D 0 37736 73023 38460 37576 37929 77550 75639 39106 30561 36167 34974 30599 BILLING PERIODS FOR EACH FISCAL YEAR 4 INTER -OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE CHIEF OF POLICE GARRETTJ. WARD DATE: TO: RE: Police Department Activity Report For 3/1/14...3/31/14 ACTIVITY COUNT Alarm Arrost Warrant Assist Other Department Assist Other Departmenttlhrd Burglary Vehicle Directed Patrol Dispatch Error Police Service Suspicious Incident Town Ordinance Violation 23 Town Ordinance Violation Traffic Complaint 4. Traffic Traffic Contact Traffic Crash Traffic Crash (town Vchlcle) Trespassing ylzr. JE-. I. INTER -OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE CHIEF OF POLICE GARRETT J. WARD DATE: TO: RE: Police Department Activity Report For 3/1/13...3/31/13 ACTIVITY COUNT 911 Hangup....__....__....._.__�_...__........_..Y. t Alarm._,........__._._.....__._.._.._._......,....__......._ .].� Animal complaint__...__._.....,_._......__.,...,,.__.�...__.,.�_,__....._... 1, Assault _......_ ..... __.__,..._.____._._..__._�..�_...___.,._a.. Assist Other Department ._..... ____.._...___ _ 11 Directed Patrol Dispatch Error__.,._..._.._.�_._...._.....__.__..._._.._.. Disturbance F.i.r.._._,_.._..__....__._..__......._��._.,.�._..�_. t. Fraud___..._...___..._...._�_,_._....,_�._�_._._...._.1. Identity Theft_.._.._...__._..____,____...__..___......._�._..__._..___t Lost l Found Property„__._._......_,..._.._....,......._..._..._._....__._.,_.._..._._.__l.. Missing Person Motorist Assist Police Service Suspicious incident Suspicious Vehicle Suspicious Vehicle Town Ordinance Violation__......_.__.,_.__.__,_..,_.,...__.._...__..._....___.___._.34 Town Ordinance Violation(do9)•„..... _._.......... __,_.,.._......_....._._,___.....__.,....,___.__._JL TOWN OF GULF STREAM DECORUM POLICIES The Mayor or presiding officer of the meeting of the Town Commission or it's appointed boards and committees shall be responsible for the preservation of strict order and decorum at all meetings. In conducting the public's business, the Town Commission is committed to the principles of civility, honor, and dignity. Individuals appearing before the Town Commission are expected to observe these same principles when making comments on items and issues presented to the Town Commission or any of it's appointed boards or committees. 2. Town Staff members and those individuals who address the Commission or its appointed boards or committees shall use proper language when addressing the Commission or it's appointed boards or committees. Language which Includes profanity or cursing, orwhich is presented in an aggressive or threatening manner toward the Town Commission, members of it's staff or it's consultants, the public or other individuals participating in a public meeting is prohibited as it is disruptive to the decorum of the meeting. All comments shall be directed to the Mayor or presiding officer of the meeting and not to individual members of the Town Commission, town staff or consultants, orto members of the public in the audience. Those addressing the Commission or its appointed boards or committees shall avoid personal verbal attacks toward members of the Town Commission, members of It's appointed boards orcommittees, town staff or consultants, or members of the public in order to preserve decorum during the conduct of public meetings. The Mayor or presiding officer may remove individual(s) from the Town Commission Chambers if such conduct persists afterthe Mayoror presiding officer has provided the offending individual with a warning thatthe individual is in violation of this policy. 3. Members of the Commission shall accord the utmost courtesy to each other, the Town employees, consultants, professionals presenting applications or other matters, and the public appearing before the Commission. Members of the Commission shall refrain at all times from rude and derogatory remarks, reflections as to an individual's Integrity, abusive comments and statements as to motives and personalities. 4. During meetings of the Commission or it's appointed boards or committees all cell phones shall be turned off or silenced. 5. The use of all cameras and/or recording equipment, other than that being used by the Town, is restricted to the rear of the Town Commission Chambers in the last five (5) feet In the rear of the room. 6. In addition to the decorum provisions set forth above, all individuals In the Town Commission Chambers are advised that Section 871.01, Florida Statutes, declares that any person who willfully interrupts ordisturbs any assembly of people meeting for any lawful purpose shall be guilty of a misdemeanor of the second degree, and may be arrested by police officers present. This may be done in the absence of the conduct being noted, or of the offender being called to order, by the Mayor or presiding officer. 7. In the case that any person is declared out of order by the presiding officer and ordered expelled, and does not immediately leave the Commission Chambers, the following steps shall be taken: A. The Mayor or presiding officer shall declare a recess. B. The person shall be advised by a police officer that he/she has been determined to be out of order and shall be asked to immediately leave the Chambers. C. In the event a person who has been ruled out of order by the Mayor or presiding officerdoes not remove himself/herself from the Chambers he/she may be placed under arrest for the violation of Section 871.01 Fla. Stat. D. In the event any person who Is ordered expelled leaves the Commission Chambers voluntarily and then returns to the same meeting, he is subjectto arrest for violation of Section 871.01 Fla. Stat. The Town Manager may require that a uniformed certified law enforcement officer be present at such meetings of the Town Commission or it's appointed boards orcommittees as the Sargent of Arms for said meeting. p;1do6\73147W0001Woc111J7773.docx INTER -OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN CLERK Rita L. Taylor TO: mayor and Canni.ssioners DATE: April 4, 2014 RE' Appointment for Mmmber on ARPB Due to the election of Mr. Morgan to the Tcpm Commission last month, there is a vacancy to fill on ARPB. ii'e have received a letter of interest from Stan Rubini, 3400 Polo Drive along with a brief resume which is attached, and one from Kathryn O'Neill, Bellamy House: The remaining 4 Regular Menbes, Mrs. Jones, Mr. Smith, Mr. Murphy and Mr. Lyons have terms expiring in 2015 and 2016.. The 2 AlternaiaManbers, Mr. Dockerty and Mr. Kent both have teams expiring in 2016. Subj: ARPB Date: 3112/201412:36:20 P.M. Eastern Daylight Time From: StanRubinilcliaol.com To: davlorCcDoulf-stream.orc CC: stanrubini0adl.com Rita I am Interested in volunteering with the Architectural Review and Planning Board, as we have discussed. Please advise the Commissioners and the ARPB Chair of my Interest You may forward the attached (brie() resume, as you deem appropriate. All the bestl Stan Rubini home: 561-276.5848 cell: 419-787-0060 Wednesday. March 12.2014 AOL: StanRubini Pale 1 of I Stanley L. Rubini 3400 Polo Drive Gulf Stream, ItL 33483 561-276-5848 Curriculum Vitae —Abbreviated March 12, 2014 EDUCATION: High School: Culver Military Academy College: Rollins College, B.A., M.B.A. Post Grad: University of Toledo, College of Law, J.D. Specialty Training: The Wharton School, Mergers & Acquisitions CAREER: Dana Corporation, Toledo, OH (25 years) • Inventory, Assembly, Quality Control Management • Plant Manager, Industrial Clutch Division • General Manager, Heavy Truck System Assembly Division • Vice President, Corporate Development— M &A • Executive Vice President — Commercial Finance Subsidiary High Performance Glass Innovations, Toledo, OH • Venture Capital Financed, Glass Technology Start-up Midwest Optoelectronics, LLC, Toledo, OH (4 years) • Spin off from University of Toledo • CEO: Solar Hydrogen Generation Start-up • Grant writing, Grant Administration, Venture Capital • Prototype R&D Testing & Manufacturing Xunlight Corporation, Toledo, OH (2 years) • Spin-off from MWOE • Vice President—Facilities • Thin Film Solar Panel Manufacturing Plant Verde Energy Group, LLC, Delray Beach, FL (4 years) • Energy Storage & Stabilization Devices, R&D • Patents Pending COMMUNITY: Community Service Involvement • Director, YR Club of Berks County (PA) • Director, Berks Aids Network (PA) • South Palm Beach County Intergroup Assoc. • Poll Worker: Palm Beach County Supervisor of Elections Kathryn O'Neill Bellamar House 3951 N. Ocean Blvd., Unit 202 Gulf Stream, Florida 33483 March 26, 2014 Madam Mayor and Fellow Commissioners: By way of introduction, my name is Kathy O'Neill and I have owned in Gulf Stream since 2003 but did not become a full-time resident until 2007. 1 have been President of the Board of Directors of Bellamar House forthe past eight years. Duringthis time I have made it a priority of the Board to continue to update and upgrade Bellamar House. I have overseen two major concrete restorations; new roof; and the renovation of all of the common areas inside, including newtile throughout, a new kitchen and bar area; and the upgrading of our elevator both mechanically and esthetically. Priorto living at Bellamar House, I spentthe previous 20 years living in Asia and eight citiesthroughoutthe United States as a corporate wife. in this regard, I have been privy to a large variety of architectural designs. I also worked diligently with the Florida Coalition to bring to fruition the annexation of Bellamar House into Gulf Stream. I worked with both Bob. Ganger and Gary Dering in making available our Social Room for the Coalition to meet with homeowners from the entire pocket. I feel that being annexed into Gulf Stream now brings an opportunity for me to be more fully involved in our community and government. This issomething that I was not able to do previously due to my husband's career and to the excessive moving and travel involved. I recently met with Mayor Orthwein and she suggested 1 would, perhaps, be a good candidate to serve on the Architectural Review Committee due to Scott Morgan vacating his position. In closing, I would like to congratulate the sitting Commissioners and newly - elected Commissioner Scott Morgan on their triumph in a very "interesting" and contentious race. I would very much appreciate your consideration of my interest in serving on the Architectural Review Board. Sincerely, _ Kathryn O'Neill 1-1-511- 33 C) -0j53 RESOLUTION NO. 14-02 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014, PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA THAT THE FOLLOWING REAPPROPRIATIONS BE MADE; Increase Decrease Legal 190,000 Misc. Professional Svc-TH 10,000 Unassigned Fund Balance 200,000 Capital Outlay TH 20,000 Capital Outlay— PD 20,000 PASSED AND ADOPTED THIS 1101 day of April, 2014. TOWN OF GULF STREAM, FLORIDA MAYOR COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER ATTEST: TOWN CLERK Rita Taylor From: Bill Thrasher Sant: Tuesday, April 01, 201410:53 AM To: Rita Taylor Subject: FW: 2765 Cardinal Circle (Shaffer) Attachments: 1 BY8279-fin2l Judgment of foreclosure herbert shaffer.pdP 1 BY8278-code enforcement order herbert shaffer.pdf From: Randolph, John C.[mailtoJRandolph@jonesfoster.comj Sent Tuesday, Apri 101, 201410:41 AM To: Bill Thrasher Subject: 2765 Cardinal Circle (Shaffer) Bill, Please place on the Town Commission agenda for April 11, 2014, a proposal to have the Town execute a Final Release of Lien in Negard to the attached matter. (See the copy of the Final Judgment of Foreclosure attached.) The Bank now owns this property as a result of this Final Judgment of Foreclosure and Is prepared to convey the property. The Bank would like to receive a final release of lien In exchange for payment to the Town of $8,500.00. The current lien on this property was the result of an Order Finding Continued Violation, a copy of which Is attached. The accrued amount of the lien is $57,950.00. Since the Bank held the first mortgage In regard to this property its lien takes precedence over the Town's, but they are willing to pay the Town the $8,500.00 In order to have a clean transfer of this property. It is my recommendation that the Town accept the $8,500.00 in exchange for the full release of lien. Please place this matter on the Commission agenda for the April 11 meeting. Thank you. JOHN C, RANDOLPH JQN`ESFQSTER - ." JntLliitAVK.SrmtlaC, I'.1. John C. Randolph Armmcy DrectDial:561.650.0458 ) pax: 561.650.5300 1 irandolp�Q'onesfoster.com Jones, Foster jolmston & Stubbs, P.A. Raglcr CenterToncr, 505 South F1ngluDrive, Suite 1100, West Palm Beach, Florida 33301 561-659-3000 ) %m mirinesfoster.com U.S. Treasury Rcgulition Circular 230 requites us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emnils arc fdrered which may delay receipt. This email is personal todie named recipient(s) and may be privileged nud confidential. If you are not die intended recipient, you received this in eavr. If so, any review, dissemination, or copying of this email is prohibited. Please immediately nod4, us by email and delete the original message. RECORD AND RETURN TO: John CN Randolph, Esquire Jones, Foster, Johnston & Stubbs, P.A. Past Office Box 3476, WPB, FL 33402-3475 WILL CALL #85 INHIMM111111HU 1011118 CODE ENFORCENUNT ORDER TOWN OF GULF STREAM, FLORIDA TOVM 0 zGULF STREAM, Pcaqer, V. V6 HERBERT V. t ' 14 Respondear `6 Re: Violation ofSection V.n Address: Legal Description: Case No. 4-07 of the Code of Ordinances of the Town of Gulf Stream. CARDINAL CIRCLE itream,Florida '.$'AU SOLEM LT 3 The Special Magistrate app `+ by the Tom Council to bear code enforcement cases far the Town of Gulf Stream, ineccord Ge'thChapter16ZFloridaStatutes,hasheardlestimonyat the Code EnCoreemeatHeeringlteld b'ddeyofOctoher,2007,nodhasedontheevidenceend testimonypresented,thefoliowingF OFFACT,CONCLUSIONS OFLAW,and ORDER am hereby entered: FINDINGS OF FA 1. The Respondent;HERBERTV. SHAFFEB, 11, was present at the beating and there was a finding ofproper notice. 2, The Town Manager, Bill Thrasher, introduced photos, and lestffied to the ongoing violation. 3. The previous Order Assessing Fine required afinebeimposed beginning September 5, 2007, if the tree debris was notproperly disposed of or stored. 4. The Respondent testifiedand claimed the property was incompliance. 5. The fieus tree debris is located within the Respondents property, some of which is flou) covered by a blue tarp. BoA22346/Page201 Page 1 of 3 6. The storage oftlic debris is not properliccausc it is a nuisance to have orpmunitclebrfs, dead trees or stumps, or conditions which provide barlrorage for rats, mice, snakes, or othervemdn, pursuant to Section 22-31(4), (6), and (8) of the Code of Ordinance of the Town of Gulf Stream. C�>�d The Town did not enter onto Respondent's property as alleged by the Respondent. U n CONCLUSIONS OF LAW in violation of Section22-31(4)of the Code of0rdinancesoftheTown W,111:3 It is the`Ordtof the Code Enforcement Special Magistrate that Rcspond=4l3HRBERT V. SHAFFER, U, swilmmedialcly comply with Section 22-31(4), ofthe Code of Ordinances ofthe Town of Gulf Stremrtn,. Respondent isth`e ahy assessed the previously ordered Eros in the amount of twenty -five - dollars (525.00) pv da a &g -September 5, 2007- A fine of fourteea•hundred•dollam ($1,400.00) hes accmea rr1S tember 5, 2007 through and including October 30,20D7, and will continue to accrue at t ve-dollars (525.00) per day for each day the violation continues to exist. 7 t .) Acertified copy ofthis O�( rmayberecorded inthe Public Records ofPalmBeach County, Florida and, once recorded, shall @§dlu(a a Oen against the property upon which the violation existed and up on any other realorpet�o� 4l prop city owned by the Respondent, pursuant to Chapter 162, Florida Statutes for the original arpo�grt Upon complying, it is the respoitstb'Jiiy of theRespondents to notify the Gulf Stream Code Enforcement Clack at (561) 276-5116 to request areincpection of the property. DONE AND ORDERED this 301° day of October, 2007. TOWN OF GULF STREAM CODE ENFORCEMENT kp—.BY:240lMagistrate Book22346/Page2O2 Page 2 of 3 Y Clerk's Certificate ��o ,51 '§TABE OF FLORIDA ) STY OF PALM BEACH) ss: OF GULF STREAM ) '(L.t) Rita L. Taylor, hereby certify that I am the duly F inted and acting Clerk of the Town of Gulf Stream, Ej.orida; that the foregoing is a true and correctlMpy of a Document, the original of which is on file 1ry�he Office of the Town Clerk of the Town o£ Gulf 5�3¢x�, ,Florida. IN WIT,WHEREOF, I have hereunto set my hand and affixed }diryo£ficial seal of said Town, this 20th day of DACq2fiber A.D. 2007. G'.. (SEAL) n tea y �r �( [� Town Clark r�J C -M Book22346/Page203 Page 3 of 3 Address: 17331 ROCKY PINES RD JUPITER FL 33478.5338 Scale: 0.60 miles IRIS Map Printout OPropertyKeycam, 2000 Printed an 0424109 at 0201 PM i ' i . . I - --- ssa ` Furlong • 663, • �� 562, Dollel A INmnetkn deemed mrable 6utmi gUEMIeed 0 9 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO: 50 2009 CA 014144 XXXX MB AW US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR YMLT 2007-1, Plaintiff, Vs. HERBERT V. SCHAFFER, II A/K/A HERBERT V. SCHAFFER III A/K/A HERBERT VERN SCHAFFER A/K/A HERBERT SCHAFFER; UNKNOWN SPOUSE OF HERBERT V. SCHAFFER, II A/K/A HERBERT V. SCHAFFER III A/K/A HERBERT VERN SCHAFFER A/K/A HERBERT SCHAFFER IF ANY; ANDREA SCHAFFER A/K/A ANDREA ALAN SCHAFFER A/K/A ANDREA ALAN NESS; UNKNOWN SPOUSE OF ANDREA SCHAFFER A/K/A ANDREA ALAN SCHAFFER A/K/A ANDREA ALAN NESS IF ANY; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES OR OTHER CLAIMANTS; PLACE AU SOLEIL ASSOCIATION, INC.; TOWN OF GULF STREAM, FLORIDA; HAROLD L. BLANCHETTE; BETTY BLANCHETTE; JOHN DOE AND JANE DOE AS UNKNOWN TENANTS IN POSSESSION, Defendants FINAL JUDGMENT OF FORECLOSURE o cam; a tern- -4 ca? N .1=u —j r ZC3C. O c. s jrn o �s rn This action was heard before the court on May 27, 2010. On the evidence presented IT IS ADJUDGED that: Plaintiff, US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR YMLT 2007-1, CIO AMERICA'S SERVICING COMPANY, 3476 STATEVIEW BLVD., FT. MILL, SC 29715, is due: I IIIIIIII 1111111111 11 IIII 1111011 III Hill 111i 1111111111011111111111111 IIIII III IIII I III III IN IIII IN Hill III * P B M* * F 0 9- 3 4 4 2 6* * D 1 1 0 1 Principal: $570,557.61 Interest to the date of this Judgment; $101,856.19 Title Search Expense: $400.00 Ad Valorem Taxes: $3,326.16 Attorneys' Fees Finding as to reasonable number of hours: 10.7 Finding as to reasonable hourly rate: 150.00 c Attorney's Fees Total: $1,600.00 Court costs, now taxed: $1,369.60 Other: I� Late Charges Accrued Prior to Acceleration: $2,251.16 Inspections Conducted on Property: In Hazard Insurance Premiums: $14,172.5B APPRAILSALS 5190.00 PROPERTY PRESERVATION $160.00 Subtotal: $695,883.30 Less: Escrow Balance Less: Other TOTAL: $695,883.30 that shall bear interest at the rate of 6% a year. 2. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s) on m RL M the following described property in PALM BEACH County, Florida: 0 g c LOT 3, PLACE AU SOLE, IL, ACCORDING TO THE PLAT THEREOF AS c RECORDED W PLAT BOOK 27, PAGE 69 OF THE PUBLIC RECORDS 0 OF PALM BE, COUNTY, FLORIDA. 3. If the total sum with interest at the rate described in paragraph I and all costs accrued I� subsequent to this judgment are not paid, the clerk of this court shall sell the property at 1� oc� m public sale on (lamauAm He 2010, to the highest bidder for cash, except In as prescribed in paragraph 5, at the courthouse located at 205 NORTH DIXIE HIGHWAY, SUITE 3.23 in PALM BEACH County in WEST PALM BEACH, Florida, in accordance with section 45.031, Florida Statutes, using the following method (CHECK ONE): ❑ AtNOTAPPLICABLE ■ By electronic sale beginning at 10:00 an the prescribed date at www.mXpaliyibeaciiclerkclerksuetion.com 4. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale shall be responsible for the documentary stamps payable on the certificate of title, if plaintiff is the purchaser, the cleric shall credit plaintiffs bid with the total sum with interest and costs accruing subsequent to this judgment, or such part of it, as is necessary to pay the bid in full. 5. On filing the certificate of title the clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiffs costs; second, documentary stamps affixed to the certificate; third, plaintiffs attameys' fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph I from this date to the date of the sale; and by retaining any remaining amount pending the further order of this court. 6. On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon the filing of the certificate of title, the person named on the certificate of title shall be let into possession of the property. If any defendant remains in possession of the property, the clerk shallupon farther order of the court issue forthwith a writ of possession upon request of the person named an the certificate of title. 7. Jurisdiction of this action is retained to enter further orders that are proper including, `- I U N01?iC I '/ice without limitation, a deficiencyjudgmentt USC l NO y Fi S l4 S 1F THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS, IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED Tl) HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERIC OF THE COURT FOR PALM BEACH COUNTY, TELEPHONE NUMBER (561) 355-2986,205 NORTH DIXIE; HIGHWAY, SUITE 3.23, WEST PALM BEACH, FL 33401, WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT. IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOME, TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASIC SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MARE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT FLORIDA RURAL LEGAL SERVICES, (561) 993-0003, TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT FLORIDA RURAL LEGAL SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. 8. in the event the instant case is dismissed by the Plaintiff, the Cleric of Court is hereby directed to release any original loan documents filed with the Court to counsel of record for Plaintiff. DONE AND ORDERED in West Palm Beach at PALM BEACH County, Florida, this 7 day of 2010. Presiding Judge, Circuit Judge Copies furnished to: LAW OFFICES OF DAVID J. STERN, P.A. HERBERT V. SCHAFFER, II AIWAHERBERT V, SCHAFFER III A/K/A I9ERBERT VERN SCHAFFER A/K/A HERBERT SCHAFFER 2765 CARDINAL CIRCLE DELRAY BEACH, FL 33483 ROBERT P. FRITTS, ATTORNEY FOR ANDREA SCHAFFER AIIUA ANDREA ALAN SCHAFFERA/K/A ANDREA ALAN NESS 5700 LAIC E WORTH ROAD, SUITE 105 LAKE WORTH, FL 33463 UNKNOWN SPOUSE OF ANDREA SCHAFFER AIWA ANDREA ALAN SCHAFFER A/K/A ANDREA ALAN NESS NIWAJOHN NESS 4615 FAUNTAIN DRIVE LAKE WORTH, FL33467 PLACE AU SOLEIL ASSOCIATION, INC. C/O MANNING, P. MICHAEL, REGISTERED AGENT 101 S.E. 6TH AVENUE, SUITE B DELRAY BEACH, FL 33483 JOHN C. RANDOLPH, ATTORNEY FOR TOWN OF GULF STREAM, FLORIDA 505 SOUTH FLAGLER DRIVE, SUITE 1100 POST OFFICE BOX 3475 WEST PLAM BEACH, FL 3302-34 75 GENE MOORE, ATTORNEY FOR HAROLD L. BLANCHETTE BETTY BLANCHETTE P.O. BOX 910 BOYNTON BEACH, FL 33425.0910 09.34426 ASCE ON am I 1 0.3 10 91 April 12, 2014 MAYOR: Scott 1-1. Morgan VICE MAYOR: Robert W. Ganger COMMISSIONER: Joan K. Orthwein Thomas M. Stanley Donna S. White SPECIAL MEETI14G BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, AT THE UNANIMOUS CALL OF THE COMMISSION, ON MONDAY, APRIL 14, 2014 AT 4:00 P.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Ordinance 14/1; An Ordinance of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, Amending the Town's Code of Ordinances by Creating a New Chapter 31 To Regulate Parking and Offenses on the Property known as the Town Hall Property located at 100 Sea Road and the Police Department Property Located at 246 Sea Road. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 ORDINANCE NO. 1411 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES BY CREATING A NEW CHAPTER 31 TITLED "PARKING AND OFFENSES ON TOWIJ HALL AND POLICE DEPARTMENT PROPERTY"; PROHIBITING THE PARKING, STANDING OR STOPPING OF ANY VEHICLE IN THE TOWIJ HALL PARKING LOT LOCATED AT 100 SEA ROAD, GULF STREAM, FLORIDA, OR IN THE PARKING LOT OF THE TOWN'S POLICE DEPARTMENT LOCATED AT 246 SEA ROAD, GULF STREAM, FLORIDA, BETWEEN THE HOURS OF 7:00 P.M. AND 7:00 A.M. OF ANY DAY; PROVIDING AN EXCEPTION FOR TOWN EMPLOYEES OR INVITED GUESTS CONDUCTING OFFICIAL BUSINESS WITHIN TOWN HALL OR THE TOWN POLICE DEPARTMENT DURING SAID HOURS; PROVIDING FOR REGULATIONS ON PARKING WITHIN THE TOWN HALL PARKING LOT BETWEEN THE HOURS OF 7:00 A,M. AND 7.00 P.M. PROVIDING THAT NO VEHICLES OF ANY KIND SHALL BE PARKED OR LEFT UNATTENDED IN THE PARKING AREA OR DRIVEWAY TO THE SOUTH OF TOWN HALL EXCEPT VEHICLES OF TOWN EMPLOYEES OR THOSE CONDUCTING BUSINESS WITHIN TOWN HALL DURING THE TIME SAID VEHICLE IS PARKED, PROHIBITING THE PLACEMENT AND/OR LEAVING UNATTENDED ANY OBJECT ON THE EXTERIOR GROUNDS OF THE TOWN HALL PROPERTY OR THE PROPERTY OF THE TOWN'S POLICE DEPARTMENT UNLESS SAID OBJECT IS OWNED, POSSESSED OR ERECTED BY THE TOWN; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR THE TOWING OF ANY VEHICLE PARKED IN VIOLATION OF THIS CODE OR THE REMOVAL OF OBJECTS PLACED OR WHICH ARE UNATTENDED IN VIOLATION OF THIS CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS. Section 1. The Code of Ordinances of the Town of Gulf Stream Is hereby amended to Include a new Chapter 31 to read as follows: "CHAPTER 31 PARKING AND OFFENSES ON TOWN HALL AND POLICE DEPARTMENT PROPERTY Sec. 31-1. Prohibition of Parking Between 7:00 p.m. and 7:00 a.m. It shall be unlawful and a violation of Town Cade to leave any vehicle of any kind unattended, parked, standing or stopped in the Town Hall parking lot or on Town Hail property located at 100 Sea Road, Gulf Stream, Florida, or on the parking lot or property of the Town of Gulf Stream Police Department located at 246 Sea Road, Gulf Stream, Florida, between the hours of 7:00 p.m. and 7:00 a.m. of any day. Vehicles of Town employees or invited guests conducting business within Town Hall or the Police Department between the hours of 7:00 p.m. and 7:00 a.m. are exempt from this provision. Sec. 31-2. Regulation of Parking Between 7:00 a.m. and 7:00 p.m. Between the hours of 7:00 a.m. and 7:00 p.mof any day, it shall be unlawful and a violation of Town code fnr any vehicle of any kind to he parked or left unattended in the parking area or driveway In front of Town Hall (the south side of Town Hall) except vehicles of Town employees or those conducting business within Town Hall during the time said vehicle is parked. All other vehicles shall be parked at the rear (north side) of the building in spaces designated for parking. Sec. 31-3. Prohibition of Placement of Objects on Town Properties Other than for the parking of vehicles as specified herein, it shall be unlawful and a violation of this code for any person to place or leave unattended any object on the exterior grounds of the Town Hall property described herein or the properly of the Town's Police Department described herein. Objects owned, possessed, placed or erected by the Town are exempt from this provision Sec. 31-4. Removal of Unauthorized Vehicles or Objects Vehicles parked or placed or objects placed or left unattended in violation of this code shall be removed at the owners expense to a place designated by the Town Manager or his or her designee or by the Chief of Police or by his or her designee. Sec. 31.5. Penalties Any person found to be in violation of this ordinance shall be subject to the general penalty section of this code or, alternatively shall be subject to the jurisdiction of the Town's code enforcement process." Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such Invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the Invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances In Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 5. Effective Dale. This Ordinance shall take effect immediately upon its passage and approval, as provided by law PASSED AND ADOPTED in a regular, adjourned session on first reading this 74th day of April, 2014, and for a second and final reading on lhls _ day of 2014. ATTEST: Clerk p-Wca112147W0001 Wad1137256 doe Vice Mayor Commissioner Commissioner Commissioner 3 EXHIBIT E April 24, 2014 MAYOR: Scott W. Morgan VICE MAYOR, Robert W. Ganger COMMISSIONER: Joan H. Orthwe;n Thomas M. Stanley Donna S. White SPECIAL MEETING BEING HELD BY THE TOWN COMMISSION OF THE TOWIJ OF GULF STREAM, AT THE UNANIMOUS CALL OF THE COMMISSION, ON TUESDAY, APRIL 29, 2014 AT 4:00 P.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORTDA. AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. ORDINANCE NU. 14/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES BY CREATING A NEW CHAPTER 31 TITLED "PARKING AND OFFENSES ON TOWN HALL AND POLICE DEPARTMENT PROPERTY'; PROHIBITING THE PARKING, STANDING OR STOPPING OF ANY VEHICLE IN THE TOWN HALL PARKING LOT LOCATED AT 100 SEA ROAD, GULF STREAM, FLORIDA, OR IN THE PARKING LOT OF THE TOWN'S POLICE DEPARTMENT LOCATED AT 246 SEA ROAD, GULF STREAM, FLORIDA, BETWEEN THE HOURS OF 7:00 P.M. AND 7:00 A.M. OF ANY DAY; PROVIDING AN EXCEPTION FOR TOWN EMPLOYEES OR INVITED GUESTS CONDUCTING OFFICIAL BUSINESS WITHIN TOWN HALL OR THE TOWN POLICE DEPARTMENT DURING SAID HOURS; PROVIDING FOR REGULATIONS ON PARKING WITHIN THE TOWN HALL PARKING LOT BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P,M. PROVIDING THAT NO VEHICLES OF ANY KIND SHALL BE PARKED OR LEFT UNATTENDED IN THE PARKING AREA OR DRIVEWAY TO THE SOUTH OF TOWN HALL EXCEPT VEHICLES OF TOWN EMPLOYEES OR THOSE CONDUCTING BUSINESS WITHIN TOWN HALL DURING THE TIME SAID VEHICLE IS PARKED, PROHIBITING THE PLACEMENT ANDIOR LEAVING UNATTENDED ANY OBJECT ON THE EXTERIOR GROUNDS OF THE TOWN HALL PROPERTY OR THE PROPERTY OF THE TOWN'S POLICE DEPARTMENT UNLESS SAID OBJECT IS OWNED, POSSESSED OR ERECTED BY THE TOWN, PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR THE TOWING OF ANY VEHICLE PARKED IN VIOLATION OF THIS CODE OR THE REMOVAL OF OBJECTS PLACED OR WHICH ARE UNATTENDED IN VIOLATION OF THIS CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (SECOND READING & ADOPTION) Resolution No. 014-04; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, NAMING AUTHORIZED SIGNATORIES FOR THE TOWN OF GULF STREAM BANK ACCOUNTS; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 VI. Consideration of Establishment of a Financial Ad Hoc Committee. VII. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 ORDINANCE NO. 1411 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES BY CREATING A NEW CHAPTER 31 TITLED "PARKING AND OFFENSES ON TOWN HALL AND POLICE DEPARTMENT PROPERTY"; PROHIBITING THE PARKING, STANDING OR STOPPING OF ANY VEHICLE IN THE TOWN HALL PARKING LOT LOCATED AT 100 SEA ROAD, GULF STREAM, FLORIDA, OR IN THE PARKING LOT OF THE TOWN'S POLICE DEPARTMENT LOCATED AT 246 SEA ROAD, GULF STREAM, FLORIDA, BETWEEN THE HOURS OF 7:00 P.M. AND 7:00 A M. OF ANY DAY; PROVIDING AN EXCEPTION FOR TOWN EMPLOYEES OR INVITED GUESTS CONDUCTING OFFICIAL BUSINESS WITHIN TOWN HALL OR THE TOWN POLICE DEPARTMENT DURING SAID HOURS; PROVIDING FOR REGULATIONS ON PARKING WITHIN THE TOWN HALL PARKING LOT BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M. PROVIDING THAT NO VEHICLES OF ANY KIND SHALL BE PARKED OR LEFT UNATTENDED IN THE PARKING AREA OR DRIVEWAY TO THE SOUTH OF TOWN HALL EXCEPT VEHICLES OF TOWN EMPLOYEES OR THOSE CONDUCTING BUSINESS WITHIN TOWN HALL DURING THE TIME SAID VEHICLE IS PARKED; PROHIBITING THE PLACEMENT AND/OR LEAVING UNATTENDED ANY OBJECT ON THE EXTERIOR GROUNDS OF THE TOWN HALL PROPERTY OR THE PROPERTY OF THE TOWN'S POLICE DEPARTMENT UNLESS SAID OBJECT IS OWNED, POSSESSED OR ERECTED BY THE TOWN; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR THE TOWING OF ANY VEHICLE PARKED IN VIOLATION OF THIS CODE OR THE REMOVAL OF OBJECTS PLACED OR WHICH ARE UNATTENDED IN VIOLATION OF THIS CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS. Section 1. The Code of Ordinances of the Town of Gulf Stream Is hereby amended to Include a new Chapter 31 to read as follows: "CHAPTER 31 PARKING AND OFFENSES ON TOWN HALL AND POLICE DEPARTMENT PROPERTY Sec. 31-1. Prohibition of Parking Between 7:00 p.m, and 7:00 a.m. It shall be unlawful and a violation of Town Cade to leave any vehicle or any kind unattended, parked, standing or slopped in the Town Hall parking lot or on Town Hall property located at 100 Sea Road, Gulf Stream, Florida, or on the parking lot or property of the Town of Gulf Stream Police Department located at 246 Sea Road, Gulf Stream, Florida, behveen the hours of 7:00 p.m. and 7:00 a.m. of any day. Vehicles or Town employees or invited guests conducting business within Town Hall or the Police Department between the hours of 7:00 p.m. and 7:00 a.m. are exempt from this provision. Sec. 31-2. Regulation of Parking Between 7:00 a.m. and 7:00 p.m. Between the hours of 7:00 a.m. and 7:00 p.m. of any day, it shall be unlawful and a violation or Town code for any vehicle of any kind to be parked or left unattended In the parking area or driveway In front of Town Hall (the south side of Town Hall) except vehicles of Town employees or those conducting business within Town Hall during the time said vehicle is parked. All other vehicles shall be parked at the rear (north side) of the building In spaces designated for parking. Sec. 31.3. Prohibition of Placement of Objects on Town Properties Other than for the parking of vehicles as specified herein, it shall be unlawful and a violation or this code for any person to place or leave unattended any object on the exterior grounds of the Town Hall property described herein or the property of the Town's Police Department described herein. Objects owned, possessed, placed or erected by the Town are exempt from this provision Sec. 31-4. Removal of Unauthorized Vehicles or Objects Vehicles parked or placed or objects placed or left unattended In violation of this code shall be removed at the owners expense to a place designated by the Town Manager or his or her designee or by the Chief of Police or by his or her designee. Sec. 31-5. Penalties Any person found to be in violation of this onllnance shall be subject to the general penalty section of this code or, alternatively shall be subject to the jurisdiction of the Town's code enforcement process' Section 2. Severability. If any provision of this Ordinance or the application thereof is held Invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the Invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. VJ This Ordinance shall be codified and made a part or the official Code or Ordinances of the Town of Gulf Stream. Section 5. Effective Date. This Ordinance shall lake effect Immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED In a regular, adjourned session on first reading this 14th day of April, 2014, and for a second and final reading on this _ day of 2014. ATTEST: Clerk p',W=11314 W011W00137299Loc Vice Mayor Commissioner Commissioner Commissioner 3 RESOLUTION No. 014-04 A RESOLUTION OF THE TOWN CO141-IISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, NAI4ING AUTHORIZED SIGNATORIES FOR THE TOWN OF GULF STREAM BANK ACCOUNTS; A14O PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Manager and the Town Clerk are authorized to sign checks drawn on accounts entitled Town of Gulf Stream; and WHEREAS, all five members of the Town Commission are authorized to sign checks drawn on accounts entitled Town of Gulf Stream. NOW, THEREFORE, HE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, THAT: Section 1. Scott W. Morgan, Mayor; Robert W. Ganger, Vice Mayor; Joan K. Orthwein, Commissioner; Thomas 1•I. Stanley, Commissioner; Donna S. White, Commissioner; William H. Thrasher, Town Manager; and Rita L. Taylor, Town Clerk are all named as authorized signatories on all bank accounts in the name of Town of Gulf Stream. Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED THIS 29« day of April, 2014. TOWN OF GULF STREAM 14AYOR COMMISSIONER (SEAL) ATTEST: COMMISSIONER. COMMISSIONER TOWN CLERK COMMISSIONER �� 1 1 : TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail April 22, 2014 Martin E. O'Boyle [records@commerce-group.com] Re: PUBLIC RECORDS REQUEST #496 - Draft minutes Provide drafts of the minutes from the Commission Aleetrng starting with the Commission AAeeting on Ablarch 14, 2014 through April 11, 2014 Dear Mr. O'Boyle, The Town of Gulf Stream has received your public records request dated April 21, 2014. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. 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 Your original requesL dated April 21. 2014. is reproduced in the space below: -L--� 0a71-14.91 I'M PICDADS Ar.QL=t5e'Araa D,aar Rr4e 421114 RaSuear.Rget toe: _A96 RLQtfSR?: CWWP WRP sTP Wn ffin m REQUESIM WnNE.O I. _. P2QUPSIOWS CONTACr WOWAMJ: 614J: amdpj.anm+,J.vp m r¢95 36 507;Ai' .IMWem Nm .Cees Dk ,D=GAWBada 314 R[QUM. P,Prk. data MD,aml,atn fmm Ne CanuRRabn /leWn9a atwtlnB wM Na Cwmmlaalen NntlnR on NarN 14 TOtt Nmuph APIR it, PML ADDIJIDFAL L\'fOR•I.ATRIN Rrt Uxc;O RLQLTST. Tn3s MLTSTLSMADCPIIAFCA\TTO PCBLIC IIECOROS ACr, CAAPTLA11POFTIMnDBIDASTATC ASD6AISOBEQUMMUNDERTHE COSLSNIN SAW AIGHTTO IMOW,THL COSMON LAW RIGHT OFACCMI AM ANYSTArCSOAYAICIrr TO KNM (DIO.UOCJC, I%=DUT LUCTATION,AIR STATUrOAYAIGIrr OFACCr^ AS APPLICABLE). =REQL'BSTIS ALSO BUDS M.RSI:A.ITTOTHE RIGRU OF TIM REQOLSSOAPAOSTDW MJ FLORIDA CO! srrru710N. A C RECORDS MO W RI v T • t A(FWS ARE RwTRIBmmaa 119AT(I1MOI Tl r..r PP0ITDETRE APRIO)SIIATE [057F IR ANIS TOFtfIIIl.TOISPL'BLC RLCORDS RCQULTr LY Ap4'ANCL 11 R91 M rry.+ad eNl me Reyovlrt.il.^a.r�1 m4 uaaA h/ Nt Aln4le d.B.,a I. 7krNa Sam1A OaPar 11fAi Olanailaalla ad.a.0 afavT ow Ia9e,aE a m. R,iamor or a, AFne. �nnvaTu 4l�IJfaW EXHIBIT G TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail April 22, 2014 Martin E. O'Boyle [records@commerce-group.com] Re: PUBLIC RECORDS REQUEST #496 - Draft minutes Provide drafts of the ntinutesfrom the Commission Meeting starting iridr the Commission Meeting on March 14, 2014 through.4pril 11, 2014 Dear Mr. O'Boyle, The Town of Gulf Stream has received your public records request dated April 21, 2014. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. 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 ofthe Records Your oricinal request. dated April 21. 2014. is reproduced in the space below: t c147.0 91 T'�, ?MM ALQLTST rh[°t[p. ej Dm[fRq,o 421nA KqI l I Kl+ MW. ASO pFQIL'STT._ _ CualoGlan b Ram[da Tmm M GldlSham RFQUFSITA 1 EOTlcvl[ AIQUETM'S CONTACT OSOPUAT1ON; 6N111: leadglw.av[[gvvp.m. F. 95 30 M;AdS 137d'mxoap.:Ca Ddm,D.e E..%FL 3340 REQUST: PnnldadMla ofB. minutia hm N[CmueH91al1YNUna9ala[Sn0 .M Ih[ Cm[ml[[Im 11w9n0 an March It. =141h,.u0h Awl 11, 5014 AOOOJOI:AL COOR]4ATION REOAS W NO38GUQT: = RCQLTST m UADC ruwkTT TO rUwc RICORDS ACT, CRArrrR 119 OF TRC tT.OIIIDASTATORS AM 0 ALSO RCQMM Dle1DSR THE CONDIDN LAW RIGRT TO KNOW, TKO COMMON LAW KIcaT OF ACM= ANP ANY STATLTORY RIGRT TO KNOW (OtCLUOLNG, WTTUOUT LOOTATION, AFT STATUTORYRIGOTOFACCMASAFMCABLC). TUoi OQL=UALSOStAOC rLmk%TTO Tor N1GITr3 OT Tim RCQVGSIDRPROYmCD m TBC FLORIDA B ......1.11.uiSldnliA[v3rui iill.3TR,�ci� .JT1T,i�:. IU- l'40i P1SA9L PROMrM APPROMIATC COM PF ANY) TO MJU.L TRIS rL'SUC RCL MIRCQUCSTLx AnYANCL 11 1y1" 60 NtItpuelar[ppr[n aTaaT rneAullrt+d 6) 16[ A,e (ted[ h TI[(14 bb[[14 Cl[Ppv 111.91 (DIRWba17L Y tl.aw aT[ay try Impo.d b b[ RW [[[Iw y d[ AimIT. CINIATEa Ol�^II IGaII :' Exhibit H TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via email April 29, 2014 Martin E. O'Boyle [records@commerce-group.com] Re: PUBLIC RECORDS REQUEST 8496 - Draft minutes Provide drafts of the minutesfrom the Commission Meeting starting with the Commission Meeting on March 14, 2014 through April 11, 2014—AMENDED ON 4128114 to include the meeting ofApril 14, 2014. Dear Mr. O'Boyle, This letter is attached to an email that provides you with the full responsive production of the public records requested in your email dated April 21, 2014 that we acknowledged on April 22, 2014. This correspondence is reproduced below for your convenience. Please open the attached files, which includes the documents that are responsive to your request. ,Note that the draft minutes for the April 11, 2014 and April 14, 2014 meetings have not yet been G_ prepared. Unless we hear back from you, we consider this matter closed Sincerely, Town Clerk Custodian of the Records IY17NUTM OC THE REGULAR MELTING AND PUBLIC HEARING HELD BY 171E TOWN COMMISSION OFTHE TOWN OF GULF STREAK[ ON FRIDAY, MARCH 14, 2014 AT 1100 A.M. RJ THE COMMISSION CI OF THE TOWN HALL, 100 SEA RO.•\D, GULF STREAM, FLORIDA. I. CA11100rdm Mayor Oetinvcin nllcd die mowing to ardernt 11:00 A.M. D. WedecnfA_ Ileni11 The Pledge amllcginnce was led by Mnyor Ocdmzin. III. Rail Call, P=mtnnd Joan IC Onhwuln Mayor Participating Thomas K1, Smnle Y V' lie-Mnyor W. Gatrctr Dosing Conunissionu Rohctr W. Gnngcr Commi sioncr Dolma S. Whim Comnussioncr Also Prucntnud William l•L'lluiaher Town lthmegar Participating Rim 1-Thylor Town Clark Than us Baird Town Counsel - In the obscnm orJnhn Randolph Ga=ttJ. Ward ChieforPaucc Danny Brannon of Toum Consulame ror Undergmunding Brannon & Gillespie Project hfnrk Marsh .Architecr—Bridge i Marsh Kcith Williarm I.andacnpeA¢hiroct WJliam Boardman Chairman—Ad Floc Committee Chrismphu O'Hara Resident Tom Murpby Reidcnt IV. Minutes; A. Regular blecting and Public I•lcating held on February 14, 2014. Commissiaura Ganger mored and Vicclvlayor Stanley seconded to approve the February 14, 2014 Regular Mooing and Public Hcaeng Minutu. A0 vote AYE. V. A tdh' \tl'tl d -sl Def I Arn e t rAg a r Mayor Ortbsvcin added under Agenda Item VLC. that Town Clck Taylor will mad die new Rule of Decorum for a0 T'own Chamber meetings, effective this day. Vl. Annou_ n�ments, A. Rcgula[Kleatingsand Pubbc}lnrings Mnyur Orthwein announced We upcoming Rcgular Kleedngs end Public Hodngs, and inquired If char would be any absanrecum or mnflims, and there were none. 1. Apra 11, 2014 @ 9:00A.M. 2. Mny 9, 2014 a 9:110 A.TI. 3. Junc 13, 2014 Qn 9:00 A.M. 4. July 11.2014 Qa 9:00 A.M. 5. Augurt0,2014 n 9:00A.M. ,4. nryW, 14,31:,1 aN I•WAe I alive 4,ua, usw B. Mayor's Pmclamation—"Wct=Consra•ation Mande" Town Clerk Taylor mad die Water Camewation Ptoclamatian highlighting the importance of it, and stated dint Apra 2014, typically n dry month, when water demands ace the highest, will be observed as Water Conservation Month, alling upon rich citizen and student in die Town of Gulf Sa=m to help protect their pmcfous resource thus promoting a liealthy economy and community. She continued and witnessed that Mayor Ordawcin las affixed die ztzil of dee Town of Gulf Stream this day march 14, 2014. Mayor Otdnvein dunked everyone for attending this meeting nod stated that this Attendance las not ben Seca in many yon. C. Decorum Mules Town Clerk Taylor mad the new Dexa mm Rola beginning with "The presiding officer shall preserve strict order and decorum it all matings", Site stated that die Town Commission is committed to the principles of civility, honor, and dignity, and nay individuals Appearing bcfom the Commission are requested in observe the same principles when nhaking their commenm. Town Clede Taylor deviled Section 871.01, Piocida Stamm mpardhngwillful interruptions or disturbances of any assembly of people meeting for any lawful purpose shag be guilty of A rnisdcmanar of die second degree, and may be atsesmd by pogo ofleen present. She Alan listed the amps that will be followed if a person is declared out of order by the presiding of8ccc and ordered ecpclicel from die meeting. Town Clerk Taylor stated that die Town Manager shall have a voifnmmd Certified few Officer available at Ad public meetings. Vicc•Mayor Smoky moved mid Commissioner Ganger seconded to approve die Decorum Provisions, AS mad by Town Clerk Taylor effective this meeting. All vamd AYE. VR. COMMMUCATION FROM THC• PUBLIC (5 MIN. I.MAMMUMIr Mayor Orthwein asked for my spcnkcn. Mr. O'Hare congratulated Alayor Ort wtin, Scott himl an, And All the winner on their election, And stared it was A great campaign. He added that Commissioner Dozing was very effective with his public mord requests, and Armed he was sorry to see Commissioner Doting leave the Commission. Mr. O'Hare discussed how, evening Town Commission marring; would be much mom convenient fat residents to Attend. He aha Addressed holding Town wadtzhops where questions could be asked and Answcmd. Mr. O'Hare stared bow he has attended dm Ad Hoc Committee Meetings where waives were durumed. He also announced that he would Wm in consider Commissioner Gsnge for Mayor of dm Town of Gulf Stream. Mr. Boardman eongramlamd tic Co amhsioncts and Mm Morgan an their elections. He continued that with die type of election that was held, them were valuable votccs' issue, and he mqutsted tic Camudssfonen An Address some of those observations at a later time. (t. 7" 14th-Aka+ng.0 1V,6Ar Ilu,ve AWd, H• 9tl life Murphy also congmmlated the winners of the election, and on behalf of die neddmu, stated that he too was sorry drat die Conunission wns losing Commusioner Dedng's esperdse. Ile also addressed how Ore conom•ead3l Election energised dre' community, and served n =1111 Purposo by focusing on dre Eer ddris n wonderful community. hit. Murphy also mnmcndcd hinrdn O'Boyle for "throwing his hat in the ring'. and Orst the community took heed oran electoel process. Town ClericTuylor swore in Mads Marsh and Keith \VOSmns. VIII. Puhlic Herman• A. Applications for Developmennippmval 1. An application submitted by Muic hlanSh of lltidgen & Marsh, as Agmt for hie & his: Nelson Gromncy, die uwaen of property laotcd at 2960 polo Drive, Grdf Socim, flodda, Which is legally described ws 1at21 Gulf5cream Cava Subdivision. a. SPECIAL L•XCEPTION tapennirthe nddi&an of it spa, dmtivillmnoad1434 ft. into dre wastseibnck,which w0l be niched to and bcmman part of die eruting suikwning Paul drat encroaches 6.42 ft. into dressast aetbaek him Marsh congratulated the lilayor and Commissioners. He anted drat ads requast was approved by the ARPB in the past, but inndvertmdy am pmpmcd spa wlddl was in the carthwear mmcr wilisin violation.df a test setbncic requirement hh% Mush continued that ate new appgention is to construct die spa at the nardrwestedge of the existing pool. He i cmonstnlud die lontion on his mmputecreaderings. Commissioner Ganger inquired regarding the clevaduhn based ad 1979 data, and their ngkdo on Jannmy 10, 2013 when dichousc svgs being dasfgntsL Mc Marsh "Plaided the updated survey for die addldmts to d¢ house. He coututued that die seawall teas nucd by permit to meet the minimum wbicluvv the onlyvndablc. Vicc-Miryor Snniey inquired regnn0ng dre eination of the spa above dm pool tittle hfe Marsh responded that the spa is 18 indre above die deck. Mayor Orthwein mhed fnr farther questions at comments from the Cumrnission art the Public. Slit also reported that this application was approved by the A 1111B. Vicc-Miyar Snhdey moved and Commissioner Ganger seconded the approved of the Special E=CPtiotr ro Permit die addition of a spa that will encroach 434 feet into the wast setback, wliich will be anached to and become a part of the exicting swunming pool dint enaoaehes (1.42 feet into dieurst setback ,W Vomrl AYE. b. LEVEL3 ARCHITECTURAL SITE PLAN REVIEW to allow ale constructian ofs apn width willun ncJ14.34feinm Orewest=tbncicandwillbeltmchcdtoandbecomen Pau of the existing pool tint eneranchm 6.42 fr. into the wear sedraeL arpdv oleins sad Petit I laity; W ah Il,mla Vice•Ivlayar Stanley moved and Commissioner Ganger seconded the approval of Loval 3 Arclhiteetuml/Site plan to permh the addidon of a spa that will encroach 4.34 feet into the west setback, which will be nemehed 10 and bL'emna• o part of the udsdng nsumning pool deet encroaches 6,42 feet into the west setback based on a Ending that the proposed eomtroedun meet the minhnum intent of the Design bTanual and applicable r vkw standards. Ad vomit AYE. Town Clerk Taylor made n point of information sradng that the neighbor who would be the most alfmicd stand that he was very pleased whir the project, and has nbsolutcly no objection. 2 An application submitted by Mirk Marsh and Nievaat Williams as agents for Mn & Ivhs. Bryan Cook, owsim of property located at 1226 Nardi Oman Boulevard, Gulf Samm, Florida, Icynlly described as Lor 2, Hidden Harbour Estates Plat Tivo. n. LL•VEL 3 ARCEMECLURAL/SITE PLAN REVIEW to perndc die eummiedon of a partial 2 -sorry, Angla Caribbean style single Gorily dwelling with guest quinnn and a dhrcc-car gauge, a roml of 9,403 sq. feet, and a swheming pool. Me Marsh inmoducc d Leith Williams who joined Wm at die computerized renderings of the property on Lot 2- lie also stnmd that dais lot is the most desirable in the comtnmury. Mr. Mush canunmmd that die beauty of the lot is that it has a very unusually high elevation of appmdnutely 16 feet on the ridge. He continued mfuhnhg to die eompum ized renderings of the 3 -car garage, the purposeful symmetry to the layout of the Louse, tee "H" chapati front of the home, and the verp symhnatrial teat oC the home Istr. t1[arsh oleo sated dirt the mnnuinis used am sna"o, and on die second poor, simulated dapboacd siding will be un1'zed with Cldppmdalc claments. Fla commcnmd that then: will be wood and aluminum Colby windows. Mr. Mends mpmted that die awing will not be ovesbmlc or accentuate height. He stated that the ntirval ams is somavlmr Georgian Colonial, which is a little different than what tits in the development, to mate something that was not repedtive in the conununity. Mr. hush mpormd that the home colon am sand/bciga with whim nim, with Aegan Tal shorten, and a gray We moE Commissioner Gongcrinquked whom this house wW be in relation to wham the Spence home was. Mr. blush responded that it is basically an tine original Spence pmpeny, nod that was wh= the best vias? wen. Mr. Williams mpancel in datnii widh die aid of the computerized mndarings, the plantings of hedges and tarn around the home and on both sides of die pool ora. He continued deacd6ing the density of mires in the pool ata, nod the built-in gas fin plot on either side of the pool, which help tmosition the pool level, and give die enjoymrntofafrmpi6 Mr. Williams stated that the pool will oppear dad: in color, but not muddy looking. Commissioner White inquired mgarding how the Ecus plantings will be resistant to die whim fly dismse. Mr. Williams responded that the type of flees being used will not be afFeemd by whim fly, as it is a lower Ecus plant and mom tolerant. Mr. Idarsh gave a 3-ditninsional "flyby" demonstration of this pmjecc an the televnion computer vendmiags ILA;,rWmxyl 1'Ytle IIw�q mAti 14,an4 Commissionee GAnger listed [liar Ods demonstration could not have happened without Ise generosity of the Civic Association's Putehase of die Town Chambcls television for dm use of the Cmmnissino and ARM He continued dint it twos a phenomenal tool in die presenations, and suggested all future dcvalopera integrate this same procedure. 11ir. blush commenred that he world not more it mandatory* As it is quite time consuming. He supyated till fmtnat for beach pmpccdcs. Commissioner Ganger commended Mr. hianh and Ids associates an this project and stated he was very concerned that the Lisp size of the pmperr• wmdd become a "ebolJe nate' And dint die uniqueness would be gone forever. Mayor Ottnvcin -asked for Any enmmonb Iran, the Cmnmission and the public Them were none Vice-Mayor Soudey moved and Commissioner Gangerseconded to recommend the apprdval ofi.evel II( Atchimctunl/Si[c plan based on a finding dint die pmposcd partial hvo•story single fauh0y Angelo Cndbbmm style dwolliug, a 3.ncg3ragc with gust quarters and pool, n total of 7,803 Sp, neer the minimum introit of the Design blanual and Applicable review standards avid, die following condidonr. 1. Any minor modifications in tic landscape plan shall be subndued m-dhe Towyn Mnager foe review And APPeoval nod oily major modifications shall be bmugbt b-ach to die ARPId for review olid uPpmval, Prior to commencement of landsoping. '-Wnllnnd/orrcncunlongdiesidcproperg•Iiia-wiObctnamurcdfmmrhulmvululluttinggmdcwlth a maximum height of fi' including any ggbting fizmres dud may be attnehed 3. NI chain little fendng will be saecncd form neighbor's view. Ali voted AYE. I.Y. Bcnnrix- A. Utility Undcrgtuunding—Danny Brannon (Cnginccr) Mr. Btnunon gave a pmgrcaa ,part an dhc undegmunding.. He =Ported that du contractors shquld be camPleied with the conduit rystems amend MAY 7Y'. Mr. Brannon said die main line baring has been completed, and they will begin in die neat week going south down m PcHnn. fie continued the there were no issues with die romements, and m•crydhing is goingacconding an play pie isnnnen coamentef that dhey ere still "aiding %VMIJy mectinP with stuff in Town Hall. lie sported the new light fixture with dimming cnPnbilidn will be insollod ncrosr the sonic or the police Depamatcitnny day. Mr. Bonnon coodauel dint it was mcoaunendcd to reduce the bright oFWe poles by two (Z) feet I•k continued that the estreatlightpmt: can be clinaged to die Autmd type posts which will ,latch the street signs, and that there should not be say "On vests for that chnnge hit. Bannon sated he would cliecli into tint. He also tefetted to die schedule charge in the Commissioner'. packca, And stated that die project is andar budget, with minimal npmoses. Commissioner Gnager mfoacd to die private mad dinvlgcd snip sign by the contractor, and asked who was responsible for the costs. K,A,Nl kgvd I'unir IInmr Na Dannon stated that it was being parsutd, and dint die conttnaonvill pay for die repairs. Commissioner Gnngerinqubed when tic eontuaorswill start hating under the road toward the esst. Mr. Bannon responded iliac some of those have been completed already with a smnll =c ime that was brought in for dint job. Commissioner Ganger asked about the lines that were access die private road, and the possible issues of driving over them hik. Hannon responded dint those Lina should nor have been that, and that he should Tuve beet informed of somcdiing of the like, nod he would have them removed if dict' wcte sdil dherc. Commissioner Ganger sated the Wics have beta, removed. B. Tnwn hleoager Totes Mmager Thashtr gave updates on the Consultant who provided information an die podded (ADA) American Disability Act tlat relates to Town Hall compliance. He coadnucd that basic changes were being mode, and that fmnn¢s have been expended for labor tied imaterhils from this Osnl year. He continued that die doors' pressura also have bean adjusted to comply. Town hinnagecl7unsher stated dint caginess have been momatacd for estimates which will be reviewed. He also advised die electronic data storage is underway, and raninded it lied been necessary in upgrade the file server an accommodate this at a wasiW able cost He reported on die newly purchased open poral program which allows anyone anywhere to access certain public records. Town hlnnages'lluasbex explained how staff would not be involved in obtaining and providing that type of infaaaadon nay longer. He described ton documents thatwill bean the new stared program within the next %=it, Town Manager 17washtr teported that was all provided for in the October 1, 2013 budget to the Commission Commissioner Gaogcrhnquiced if we are where we want in be within die budget Town Manager Thrasher responded that with regard m records management, die Town is within the budget He also addressed tate fact dint rine Palm Department were able to basically lend n portion of d1ei: sofowm budgavery effectively to cover the Town Hall soleware expense. D. Archimcmmlxmiav3PlanningBwri 1. tlfocting Dates a. Apra 24, 2014 Q g30 A.i r. b. blay 2s, 2014 Q 030 A.M. c Junc 26, 2014 Q g30 A.hl. d. July 24, 2014 Q 0:30 A.M. e There are no meetings in August. Mayor Ordtwein rcparmd tut that will not be an ABPB Meeting in March. Town ClcdrTaylor stated them: is nothing an die board for March t4wah llyyq T'N 1%& 1 tam.p L• Finance Uimclnr 1. lrinnncial Rcporrfor February2014 Torun Manager Tlmasher stated dmh ,ho'Iawn Is beldnd In rbc legal fm budget due to the fact dory bare been bombarded will, Inv shdu w4dch die Commission his btxn Arm, of. Plc continued tior tiie Iegnl fes espeadime" At Orfs dmc ace 92% of the cnum final year budged And that will be 51511,000 over budg' which is not listed on d,ia February Financial Rcpocr. 'town Managrr'11=11a sated that in the near f=rom be will have. Ia adda7s the Commission u to what should be done by yhom end rebnrding Ore Irupc r f u ure "Web wan pmriotuly to be scplenhhed by 5160,000. Pic continued that he wnrited the Commirsfon to hnord at this mcching that the mumb=o Are not lining uP, and lumber stated Orur he well bring I iek.uram budget infonnntion far Onnud-11 direction at the nesr Coln absion Altering. l'. PoOcu Chief I. Activity for Fcbmnry2014 Poll's Cldef \yard P=cnmd theAcrivilyRtpntr for Jrcbruny 2014, And it wns accepted ns submitted. DI. aTFMS FOR COMMISSION ACTION A. Appoinoncrit of Ad Me Commiuce Alombcr Itc UR"I roping Mayor Ofdnv=in inizScated that ICcidh \VAlinma who spout cndier in the meeting regarding the Cooki, Inndscaping project be contacted Mr. lidanbnnn smmd [liar it wv n rcty imPorunt posidan to hill for the Ad Floc Committee Cornmissiona Ginger stated for die record that Mr. \Williams and Iris partner have wodted In ti,e community and sugg¢smd he would bean able chaie Toren ClcrlcTaylor read tiro following Ilsaolmian: 11, Resoludon No. 14-1,- A RESOLUTION OF 77-IE TOWN. COM ]ISSION OF THE TOWN OF GULF STREAhll PALM REACH COUNTY, FLORIDA URGING TFIE FLORIDA LEGISLATURE TO ADOPT AND GOVERNOR RICK SCOTT TO SUPPORT LEGISLATIVE CHANGES PROVIDING FOR THE REGULATION OF RECOVERY RESIDENCES OR ''SODER HOUSES' IN THE FORM OF STATEWIDE LICENSING AND REGISTRATION; AND PROVIDING POR AN EFFECTIVE DATE, this data ofMnmh 14, 2014. Commissioner Ganger moved and Commissioner While seconded the approval ofnmolution No. 14- 1, with die opportunfy of discussion at a future: date. All vote AYE. G lmms by Mayor& Comahfssioncn Mayor Ort hweia Again Oranhcd everyone for modal; to this meeting. li. ADIOURNMENT' Mayor Orthwain Adjourned the meeting at 1200 Noon, Sandra Fain Retarding Souornry Pga4�l.I.tinhmJ 1'Jic I IemP Nud II,]IIa MINUTES OF THE CERTIFICA'1'lON OF CLE-CIfON RETURNS AND SEATING OF COMMISSIONERS BEING HELD BY THE TOWN COMMISSION Or 11 -IC TOWN OF GULF S'TRM' W ON FRIDAY, MARCIi14, 2014 AT NOON, IN THE COhfM1SS10N CHAMBERS OFTHE TOWN FLU.L. 100 SEA ROAD, GULFSTREAhl, FLORIDA - 1. C911 to Order. hlayoc OrduvL4n called the meeting to order ar 12.03 P.ht. 11. Ryll Present and Joan K. Orthweln Mayor Palkipaturg Thomas hl. Stanley Vice -Mayor Robert W. Ganger Cammlssloner Donna S While Commissioner Seotr Morgan Commissioner Ahn Prtumt and \Yllimn I -L n rashcr Town Manager Participating Rim L. Taylor Town Cort: 71homas Baird Town Counsel- In the nbsenco ofJotm Rnmulph Torun Clark Taylor announced for dm record that Commissioner Daring hu left dsc meeting. III. Ccrtifrntion ofElccrion Renalm Town, Cleric Taylor Lead the Ccnifrcntion of live Elmdon Remle, solving dont there were 713 registered voter, 417 ballots cast ofwldch 37 were absenlec votes, and Els vote rally was Me. Ganger: 325, Mr. Morgan 3S, Mr. O'Boyle h, hits Orlhwain 313, ?Jr. Stanley 317, Mrs. Willa 320 and the under votes number was 363. IV. Scntinrrn1`5 Commi%sinnena Town C crk Taylor reported drat lire new Cmnmlasioncts are hit Ganger, Mr. Morgan, like. Orthwein, Mr. Stanley, and Airs Wdte. V. Swan ' F i of tl C -nn a• Town Cledt Taylor swum in d¢ Comndssionem in unison, Meng in Elie¢ own name appmpdataly, and presented Commissioner Morgan Ids new name tag for the dais. VL Adinaramcm, Mayor Orthercin congratulated cvcr•anu and adjourned dm minting at 1208 P.M. Sande Frio Recording Secretary 0H4%jpcjT MINUTES OF THE SPECL\l, hILF TING HELD By THE TOWN COMMISSION OF THE TOWN OF GULF STREAM AT THE CALL. OP TFIE- Mir\YOR ON FRIDAY, MIARCH 28, 2014 AT 4:00 P.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 700 SEA ROAD, GULF STREAM, FLORIDA. L Cnlito Oder Mayor Odtweio ellerl rho meeting warder at 4:00 P.M. TL ll' Sri" as f 1,91it• are: The Pledge ofAllegianra war led dry• Mayac Ordnvcin. III. Rall Cnll: Present and Joani:.Otdnotitt Mayor Participating Thomas Ml. Staniar Vicc-Mlaynt Hobert W. Ganger Commissioner Donna S. White Conunissiancr Scott\V.Almgan Commissioner Also P=mtand William H. Thrishcr Town Manager Participating Rha I_Taylor Town Clark John C. Randolph Town Counsel IV. Havana. Addin�o I Cot s Commissioner Margan stated he believed that tae Town needs to mgage Special Come] w handle the numerous public accord, lawsuits dint etirn He continued that with his own axperienco and speed [mining in litigation, Ire feels that dais addition will cpedite roaludom to those cases, and at It" expense. Commissioner Morgan furthar stated that be ¢commend, Robert Swermpple, as the has considerable experience in mutt mom litgatan and public records. He also repeated that Mr. Sweempple bus recndy presided aver a dcposddan In the Chambers of the Town of Gulf Strom with regard to public record cure, and stated dint Town Malinger Thrasher ran street to Mr. Swccrappde's handling of dint annum, He continental! that Mr. Swecmpple's fires were, 5500 an bout, but that he will ceduo dot figure to $350 no hour, for rite Tmvn orGulf Stmam. Commissioner Morgan moved and Commissioner Ganger seconded an engage Robcar Swertapplc to handle the -fawn of Gulf Strom public tread lawsuits. Mayor Orthwein asked for nny comments. Commissioner \Vhio Inquired if hit. Swecmpple urs a load nttnmcy registered in Florida. Commissioner Morgan stated Iter Ivan a lord ntmmcy, registered in Florida, and that the Town would not lame the expense of flying him in for court appearances. Vicc-Mayor Stanley stared he had no problem with hiring Mr. Swccmpple Commissioner Ganger applauded the selection of Mr. Sa•catapplc. Mnyor 0rtrrvcia stated drat she is nequamted with hina and that he is a gond man. p� :tstulA4aL.e wed, 9l,a�p All voted AYE. V. Apnninnment to tt9.Ad Ane Committee. Mayor Ottnvein reported that Xcitt W thins, of Nimam \VilUarm Design, has agreed to se c on the Ad Hoc Comtninee. Site stated dint he will matins texific addition to that Committee, as bels very bright and hu terrific blas. Mayor Orthwein commented drat he is the L=dsapeArchitect for the Cook development, nod also serves on the Wast Pnlm Brach Planning Bowl. Commissioner Ganger added that hit. \Villiants serves on the Boys & Girls Club, and is the type of pwnn that jumps into Its projects. He also stated that Mr. Mdms would be a very valuable addition to the Ad Hoc Committee team. Mayor Orthwein stated dint slit has notified him of the next nvo (2) Ad Hoc Committee meeting dates. Commissioner Ganger moved and Vice -Mayor Stanley seconded the appointment of Kcith Williams, Nievem \Xrdliams Design, to the Ad Hoc Catnatime. Ali toted AYE. VI. ADJOORNMENI- Mayor Ordnvein adjourned the meeting est CIO P.M. sandm rain Recording Secretary I Exhibit I TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail April 25, 2014 Chris O'Hare [cltrisaharegulfslream@gmail.comJ Re: Public Record Request for upcoming meeting records All documents regarding flenus to be discussed at the Torn Commission Special dleeting scheduled to be held on April 29. 3014. Doc mems to include all public records including files, memos, notes, drafts, letters, entails, pholos, reference materials, code sections, opinions, minutes and audio of previous discussions and au0' record In any u'ay related to the subject of iters to be discussed and'or voted on. The portion of1he Town 's current Comprehensive Land Use Plan or sindlar record that addresses the Torn's policies regarding beach access and beach parking. Dear Mr. O'Hare, Thank you for your public records requests. Many of lite documents you are requesting are available on the Town of Gulf Stream website, www.eulf-stream.ore. Items on the agenda for the Special Commission Meeting of April 29, 2014 will be uploaded to our website at ssaw.culf-strcam.ora by the end of the business day today, April 25, 2014. In addition, recent meeting audio and video is also available on the website by selecting the links next to the meetings under the heading Minutes/Agendas. The Town's Comprehensive Land Use Plan is also available for your review on the website: burt://www1aulf- stmam.ore/11'ebi.ink8lbm%vse.asnx under Architectural Review. The Town's Code is also available for your review online at: lutp://%vww.municade.com/Libmrv/rUGulf Stream. As for any additional records you seek, the Town of Gulf Stream notes that you have now made over 550 public records requests since August of 2013. To dale the Town has completed/closed 308 of these requests. Town staff has already spent more than 200 hours, without recovery of costs, responding loyour requests. Your public record requests continue to accumulate, bulyou still have not paid a deposit to coverthe costs for the Town to respond to your requests. The Town will not proceed with further production of documents responsive to your outstanding requests until you pay the required deposits. This is not the first time the Town has requested a deposit. On January 23, 2014, the Town asked for a deposit related to 146 public record requests. Despite that request, and as a courtesy, during the period between January 23 and February 19, 2014, the Town also responded to 21 more public records requests without receipt of a deposit. On February 20, 2014, the Town sent another letter, emphasizing that no additional requests would be processed until your deposit is paid. Again on March 19, 2014, the Town sentyou a letter in response to 197 additional public records requests, which also emphasized that no additional requests would be processed until your deposit is paid. The Town remains prepared to produce public records, as required, upon receipt of proper deposits and payments. These payments represent the special service charge needed for extensive use of information technology resources, clerical assistance, and supervisory assistance under Fla. Sunt. § 119.07 (4)(d). Once the Town has received your payments and deposits relating to the letters sent to you on January 23, February 20, and March 19 of 2014, the Town staff will proceed with processing your requests below. Please note that should you elect to withdraw your public records requests, the Town will still be entitled to bill you for any work completed to date in order to respond to said requests. Your request is reproduced below for your convenience. Sincerely, Town Clerk Custodian ofthe Records Your original request, dated April 24, 2014, is reproduced in the space below: From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Thursday, April 24, 2014 12:14 PM To: fdfosse@gulf-stream.org; Bill Thrasher Subject: Public Record Request for upcoming meeting records PUBLIC RECORDS REQUEST This is a public record request to the Custodian of Records for your agency. Pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: All documents regarding items to be discussed at the Town Commission Special Meeting scheduled to be held on April 29, 2014. Documents to include all public records including files, memos, notes, drafts, letters, emails, photos, reference materials, code sections, opinions, minutes and audio of previous discussions and any record in any way related to the subject of items to be discussed and/or voted on. The portion of the Town's current Comprehensive Land Use Plan or similar record that addresses the Town's policies regarding beach access and beach parking. 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 §119.070)(1) of the Florida Statutes. I wish to receive these records as soon as possible. If some records that are responsive to my request are obtainable sooner than other responsive records, I wish to receive those records as soon as they are available and I wish to receive the other records as soon as they become available. I request that no responsive records be withheld from me while waiting for other responsive records to be found. Please take note of §119.07(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 otherofficers 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 in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by 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)(0, Florida Statutes. If you anticipate the production of some of these public records will require a search of sufficient duration as to require any deposit payment from me, please notify me of any such required payment prior to conducting any portion of that search which would require such payment. Please first produce any responsive records that are readily available and do not require any deposit payment prior to producing. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream(cDgmail. corn Filing #9433272 Electronically Filed 01/22/2014 03:44:09 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CHRISTOPHER F. OUARE, Plaintiff, V. TOWN OF GULF STREAM, Defendant. CASE NO.: The Plaintiff, Christopher F. O Hare, ("Plaintiff'), by and through the undersigned counsel, hereby sues the Town of Gulf Stream, ("Defendant" or the "Town"), and as grounds therefore alleges as follows: L This action concerns the Defendant's violation of Plaintiffs civil rights pursuant to Article I, Section 24 of the Florida Constitution and Chapter 119, Florida Statutes, (the 'Public Records Act"). 2. This action seeks declaratory, injunctive and monetary relief. 3. Specifically, Plaintiff seeks an order declaring the Defendant to be in breach of its constitutional[ and statutory2 duty to permit access to public records, and compelling the Note Article I Section 24, Fla. Const. Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf; except with aspect to records exempted pursuant to this section or specifically made confidential by this Constitution. This section specifically includes the legislative, executive, andjudicial branches of government and each agency or department created thereunder, counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution. 'Note § 119.07(1)(a), Fla. Stat. I of Defendant to provide access to the requested public records, enjoining the Defendant from denying access to public records, and awarding Plaintiff attorney's fees and costs. Additionally, Plaintiff requests this matter be expedited pursuant to Section 119.11(1), Florida Statutesa. Jurisdiction and Venue 4. This Court has subject matter jurisdiction pursuant to Article V, Section 5(b) of the Florida Constitution, and Section 119.11, Florida Statutes. 5. This Court has personal jurisdiction over the Defendant, because the Defendant is a public agency in Palm Beach County. 6. The causes of action in the instant case accrued in Palm Beach County; therefore, this Court is the appropriate venue for the vindication of Plaintiffs civil rights. The Parties 7. Plaintiff is a Florida citizen who resides in Pahn Beach County. 8. Plaintiff is a "person" as that term is used in the Public Records Act. See § 119.07(1)(a), Fla. Stat.4 9. The Defendant is an "agency" pursuant to Section 119.011(2), Florida Statutes.s Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records. 'Note § 11.9.11(l), Fla. Stat whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases. 'See Footnote "T'. 'Note § I (9.011(2), Fla. Stat. "Agency" means any state, county, district, authority, or municipal officer, deparhnen% division, board, bureau, commission, or other separate unit of government created or established by law including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity 2of9 10. The Defendant has a duty to permit the inspection, copying, and photography of Defendant's public records by any person desiring to do so, at a reasonable time, under reasonable conditions, and for reasonable costsa. (Emphasis added). See § 119.07, Fla. Stat.; Art. I, § 24, Fla. Const. Florida's Public Records Act 11. Florida's Public Records Act implements a right guaranteed to members of the public under the Florida Constitution and it therefore promotes "a state interest of the highest order." See NCAA v. Associated Press, 18 So. 3d 1201, 1212 (1st DCA 2009)7. 12. The right of access to public records applies to "any public body, officer, or employee of the state, or persons acting on their behalf...." Art. I, § 24, Fla. Const; see also § 119.011(2), acting on behalf of any public agency. 'Note Govemment-In-The-Sunshine-Manua12012 Edition, page 144. The term "reasonable conditions" as used ins. 119.07(1)(a), ES, "refers not to conditions which must be fulfilled before review is permitted but to reasonable regulations that would permit the custodian of records to protect them from alteration, damage, or destruction and also to cusum that the person reviewing the records is not subjected to physical constraints designed to preclude review." Wait Y. Florida Power & Light Company, 372 So. 2d 420,425 (Fla. 1979). See also State es rel. Davis v. McMillan, 38 So. 666 (Fla. 1905); and Tribune Company v. Cannella, 458 So. 2d 1075,1078 (Fla. 1984), appeal dismissedsub nom., DePerte v. Tribune Company, 105 S.CL 2315 (1985) (the sole purpose of custodial supervision is to protect the records from alteration, damage, or destruction). Accordingly, the "reasonable conditions" do not include a rule or condition of inspection which operates to restrict or circumvent a person's right of access. AGO 75-50. 'The courts of this state have invalidated measures which seek to impose any additional burden on those seeking to exercise their rights to obtain records" under Ch. 119, F.S. lnf. Op. to Cook, May 27, 2011. And see State v. Webb, 786 So. 2d 602 (Fla Ist DCA 2001) (requirement that persons with custody ofpublic records allow records to be examined "at any reasonable time, under reasonable conditions" is not unconstitutional as applied to public records custodian who was dilatory in responding to public records requests).. t Note NCAA v. Associated Press, 18 So, 3d 1201, 1212 (1st DCA 2009) We are not persuaded that the Public Records law has an indirect effect on interstate commerce, but even if some effect had been established, we could not say that the law violates the dormant Commerce Clause. The Public Records law implements a right guaranteed to members of the public under the Florida Constitution and it therefore promotes a state interest of the highest order. The negligible impact the law might have on interstate commerce clearly does not outweigh the goal of ensuring open government.. 3 of9 Fla. Stat s 13. Under the Public Records Act, "[e]very person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records." See § 119.07(1)(a), Fla. Statf) 14. Under the Public Records Act, "[a]ny person shall have the right of access to public records for the purpose of making photographs of the record..." See § 119.07(3)(a), Fla. Stat, 10 15. Defendant, as an agency and custodian of records, has an obligation to provide any non-exempt public records for inspection, copying and photography upon request. See § 119.07(1)(a)11, § I 19.07(3)(a)12, Fla. Stat; Art. I, § 24, Fla. Const.la Town. Factual Background 16. On November 10, 2013, Plaintiff, submitted a public records request via e-mail to the 17. Specifically, Plaintiff sought to obtain: Any and all records in any way related to policies, premiums, payments, claims, correspondence, emails, letters, notes, coverage details, payouts, adjustments or other records related to services provided to the Town of GutfStrearrt by Florida Mutual Insurance Trust or any similar entity or 'See Footnote "5". 9 See Footnote "2". 10 Note § 119.07(3)(a), Fla. Stat. Any person shall have the right of access to public records for the purpose of making photographs of the record while such record is in the possession, custody, and control of the custodian of public records. " See Footnote "2 a See Footnote "10 a See Footnote "I'. 4of9 agency or other means of insurance protection provided by fire League of Cities, State of Florida, or any other source. (the "Request"). Said Request is attached hereto and specifically incorporated by reference herein as Exhibit A. 18. On November 10, 2013, the same day that Defendant received the Request, Defendant's custodian of records sent a letter to Plaintiff via E -Mail, stating in relevant part: Our staff wilt review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond. (the "Response"). Said Response is attached hereto and specifically incorporated by reference herein as Exhibit B. 19. As of the date of this Verified Complaint, a total of 73 days have passed since Plaintiff made the Request and yet no responsive documents have been provided, nor has any estimated cost been provided. Count I — Unlawful Withholding of Public Records 20. The records being sought by Plaintiff are public records pursuant to Section 119.011(12)14, Florida Statutes. 21. Plaintiff requested the responsive documents be provided in electronic form and provided an E -Mail address to whom the response was to be sent. 22. There is no statutory exemption that applies to the requested public records and the Defendant has cited none. "Note § 119.011(12), Fla. Stat. "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. 5of9 23. Violations of Section 119.07, Florida Statutes constitute an irreparable public injuryts. 24. Plaintiff has a clear legal right to insist upon the performance of the Defendant's duty to permit inspection, copying and photographing of public records. 25. Section 119.11 (1), Florida Statutes requires this matter beset for an immediate hearing.16 26. The requested document is a public record that is readily accessible to Defendant. 27. "The only delay permitted by the Act is the limited reasonable time allowed the custodian to retrieve the record and delete those portions of the record the custodian asserts are exempt" Tribune Co. v. Cannella, 458 So. 2d 1075, 1079 (Fla. 1984), 28. The Defendant's continuing delay in the production of the requested public records, which currently stands at 73 days as of the writing of this Verified Complaint, is an unreasonable delay and constitutes a denial of access to public records under the Public Records Act. 29. All conditions precedent to this action have occurred or have been excused or waived. 30. Defendant's actions with respect to the public records request discussed herein and in other public record requests made by Plaintiff and other parties, demonstrate a patter of noncompliance with the Public Records Act and also a likelihood of future violations such that injunctive relief is appropriate. "Note Daniels v. Bryson, 548 So. 2d 679, 680 (Fla. 3d DCA 1989) The impermissible withholding of documents otherwise required to be disclosed constitutes, in and of itself, irreparable injury to the person making the public records request Since the purpose of Chapter 119 is to a&brd disclosure of information without delay to any member of the public making a request, nondisclosure prevents access to the information and is an injury not ordinarily compensable in damages.. 16 See Footnote "3". 6of9 Attorneys' Fees 31. The Public Record Act provides that "[i]f a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys' fees." See § 119.12, Fla. Stat. Relief Requested WHEREFORE, Plaintiff prays this Court: (a) Set an immediate hearing pursuant to Section 119.11, Florida Statutes;17 (b) Declare that the Defendant's failure to provide Plaintiff with access to the requested public records was unconstitutional and unlawful under Article I, Section 24 of the Florida Constitution's and the Public Records Act;19 (c) Order the Defendants to allow the inspection, copying and photographing of the requested records (upon payment of the statutorily authorized fees); (d) Order the Defendants to provide a copy of the requested records in electronic form. (e) Enjoin the Defendant from denying access to records which are subject to the Public Records Act: 20 17 See Footnote "3". "See Footnote "1". 19 See Foomote'2". 20 Note Government -In -The -Sunshine -Manual. page 172. Injunctive relief may be available upon an appropriate showing for a violation of Ch. 119, F.S. See Daniels 7of9 (f) Award Plaintiff his reasonable attorney's fees, costs, and expeases incurred in this action, as provided in Section 119.12, Florida Statutes; and (g) Grant such further relief as the Court deems proper. Respectfully submitted, Dated: January 21, 2014 The O'Boyle Law Firm P.C. Attorneys for Plaintiff 1286 West Newport Center Drive Deerfield Beach, FL 33442 Telephone: (954) 574-6885 Facsimile: (954) 360-0807 rwitmerRobovlelawfirm com By: !s/ Ryan L. Witmer Ryan L. Witmer, Esq. Florida Bar 40107563 v. Bryson, 548 So. 2d 679 (Fla. 3d DCA 1989) (injunctive relief appropriate where there is a demonstrated pattern of noncompliance with the Public Records Act, together with a showing of likelihood of future violations; mandamus would not be an adequate remedy since mandamus would not prevent future horm). Defendant's actions clearly demonstrate the high likelihood, in not the certainty, that such unlawful conduct will continue and the urgent need for injunctive relief from this court 8 of 9 VERIFICATION STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned authority, personally appeared Christopher F. O'Hare, who, being first duly identified and swom, deposes and says that this VERIFIED COMPLAINT is based on records and information known to him, and are true and correct to the hest of 's owledge, infommation, and belief By: Name: Christopher F. O Hare STATE OF FLORIDA ) )SS COUNTY OF BROWARD ) Swom to, affirmed, and subscribed before me thiso'?aday of —� 2014, by Christopher F. O Hare. NOTARY PUBLIC STATE OF FLORIDA Sign: `d1NlI— C.1 V til t `1—� Print: 1 n04 ttvcatnnssgxtuoaaaso (SEAL) t{� ' EXP91Ea:duty10,2014 9�re •a{r auifbmmNBladem6el4m Please indicate: Personally Known: ZORroduced Identification: _ Type of Identification Produced: 9of9 Your original request, dated November 10 2013 is reproduced in the space below: From: Chris O'Hare[mallto:chrisoharegulfstream@gmail.mm] Sent: Sunday, November 10, 2013 2:02 PM To: Bill Thrasher Subject: PUBLIC RECORDS REQUEST league of cities Emit THIS IS A PUBLIC RECORDS REQUEST of the Town of Gulf Stream Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records. Any and all records in any way related to policies, premiums, payments, claims, correspondence, emails, letters, notes, coverage details, payouts, adjustments or other records related to services provided to the Town of Gulf Stream by Florida Mutual Insurance Trust or any similar entity or agency or other means of insurance protection provided by the League of Cities, State of Florida or any other source. 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 5119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 4119.07(1)(0 of the Florida Statutes. Please take note of 4119.07(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, ff so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received, See 4119.01(2)(f) Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production 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. All responses to this public records request should be made in writing to the following email address: ch riso hares uffstream(dgma if.com CHRISTOPHER O'HARE, Plaintiff, V. THE TOWN OF GULF STREAM, Defendant. IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2014 CA008327 AF COMPLAINT TO ENFORCE FLORIDA'S PUBLIC RECORDS ACT AND FOR DECLARATORY AND EQUITABLE RELIEF The Plaintiff, CHRISTOPHER O'HARE, ("Plaintiff'), by and through the undersigned counsel, hereby sues THE TOWN OF GULF STREAM ("Defendant") and states: 1. This action concerns the Defendant's violation of Plaintiffs civil rights pursuant to Article I, § 24 of the Florida Constitution and Chapter 119, Florida Statutes, (the "Public Records Act"). 2. This action seeks declaratory and equitable relief. 3. Specifically, Plaintiff seeks an order declaring the Defendant to be in breach of its constitutional and statutory duty to permit access to public records, and compelling the Defendant to provide access to the requested public records, enjoining Defendant from further violations of the Public Records Act, and awarding Plaintiff attorney's fees and costs. Additionally, Plaintiff requests that this matter be expedited, upon motion by Plaintiff, pursuant to § 119.11 (1), Florida Statutes. PARTIES, JURISDICTION AND VENUE 4. Christopher O'Hare ("Plaintiff') is a "person" as that tennis used in the Public Records Act and at all times relevant hereto was entitled to requested public records pursuant to the provisions of Chapter 119, Florida Statutes and Art. I, § 24 of the Florida Constitution. 5. Defendant is an "agency" for the purposes of Chapter 119, the Florida Public Records Act. Fla. Stat. Section 119.011(2). 6. This Court has subject matter jurisdiction pursuant to Article V, §5(b) of the Florida Constitution, and §119.1 I, Fla. Stat. 7. This Court is the appropriate venue for the vindication of the Plaintiff's civil rights because the Defendant is situated in Palm Beach County. 8. All conditions precedent to this action have occurred or have been excused or waived. I. FACTS RELEVANT TO ALL COUNTS THE "JONES -FOSTER REQUEST" 9. On or about May 14, 2014, Plaintiff submitted a Public Records Request via email to Defendant's Town Clerk, Rita Taylor (rtaylor@gulf-stream.org). located at 100 Sea Road, Gulf Stream, FL 33483, under the provisions of Chapter 119, Florida Statutes. To clarify, Plaintiff made a Public Records Request for"[a]ll records in any fray related to any correspondence of Jones -Foster on behalf of the Town to or fn•onh Martin O'Boyle or anv record created by Jones - Foster and forwarded to Martin O'Boyle, which was created or received during the period of tune from March 1, 2014 through to the moment you receive this request. Records requested include but are not limited to notes, memos, letters, entails, phone logs, phone messages, photos, files, folders, labels, sketches, drawings, layouts, plans, invoices, statements, reports, correspondence, re%renee material, mlmdes, audio, video, manuals, drafts and any other record in any tray responsive to this request. Please include records.f rom all email accounts in the corhtrol ofall town officials. appointees and employees and include all records that are responsive to this request " (the "Jones -Foster Request"). The aforesaid Request is attached hereto and incorporated herein as Exhibit A. 10. The Jones -Foster Request also advised the Defendant to provide in writing any statutory exemptions, to provide the appropriate citation for any such exemption and to clearly articulate in writing the rationale for asserting such an exemption. 11. The Jones -Foster Request asked for public records as that term is used and defined in Chapter 119, Florida Statutes, including § 119.011(12) Fla. Stat. and Art. 1, § 24(a) of the Florida Constitution. 12. Subsequently, Defendant responded to the Jones -Foster Request via email indicating that "[tflre Town of Gulf Stream has received your public records request dated Afay 14, 2014. If your request was received in writing, then the fast page of that request is attached to this cover letter. /f},our request was verbal, then the description ofyour public records request is set forth in the space below. The Town of Gulf Strewn 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 lune with the appropriate response or an estimated cost to respond." The aforementioned response is attached hereto and incorporated herein as Exhibit B. 13. Nevertheless, Defendant still has yet to produce any of the records originally requested by Plaintiff on May 14, 2014; as such, Defendant has failed to fully and adequately respond to this Request in a legally -sufficient manner. THE "GSGC REQUEST" 14. On or about May 14, 2014. Plaintiff submitted a Public Records Request via email to Defendant's Town Clerk, Rita Taylor (rtaylor@gulf-stream.org), located at 100 Sea Road, Gulf Stream, FL 33483, under the provisions of Chapter 119. Florida Statutes. Specifically, Plaintiff made a Public Records Request via the following message: "Provide al1 public records that are communications between the Gulfslreatn GolfChrb or its agents and the Town ojGulfStream, its agent, or• employees created or• received bet peen Januat7,1, 2013 and through to the date you received this request. " (the "GSGC Request'). The aforesaid Request is attached hereto and incorporated herein as Exhibit C. 15. The GSGC Request also advised the Defendant to provide in writing any statutory exemptions, to provide the appropriate citation for any such exemption and to clearly articulate in writing the rationale for asserting such an exemption. 16. The GSGC Request asked for public records as that term is used and defined in Chapter 119, Florida Statutes, including § 119.011(12) Fla. Stat. and Art. 1, § 24(a) of the Florida Constitution. 17. Subsequently, Defendant responded to the GSGC Request via email indicating that "[1jhe Torwn of Gu1lStream has received your• public records request dated May N, 2014. Ifyour request iwas received in writing, then the first page ofthai request is attached to this cover letter. 1f your request was verbal, then the description of your public records request is set forth hr the space below. The Town of Gulf Stremn is currently working on a large number of incouring public records requests. The Town will use its very best e(%rts to respond to you in a reasonable amount of time with the appropriate response or on estimated cost to respond"The aforesaid Response is attached hereto and incorporated herein as Exhibit D. 18. Nevertheless, Defendant still has yet to produce any of the records originally requested by Plaintiff on May 14, 2014; as such, Defendant has failed to fully and adequately respond to this Request in a legally -sufficient manner. THE "LITTLE CLUB REQUEST" 19. On or about May 14, 2014, Plaintiff submitted a Public Records Request via email to Defendant's Town Clerk, Rita Taylor (rtaylor@gulf-stream.org), located at 100 Sea Road, Gulf Stream, FL 33483, under the provisions of Chapter 119, Florida Statutes. In particular, Plaintiff made a Public Records Request that stated as follows " fpjrovide all public records that are communications between the Little Chub or its agents and the Town of Gulf Stream, its agent, or employees created or received betreen Januarp 1, 3013 and through to the date you received this request " (the "Little Club Request"). The aforesaid Request is attached hereto and incorporated herein as Exhibit E. 20. The Little Club Request also advised the Defendant to provide in writing any statutory exemptions, to provide the appropriate citation for any such exemption and to clearly articulate in writing the rationale for asserting such an exemption. 21. The Little Club Request asked for public records as that term is used and defined in Chapter 119, Florida Statutes, including § 119.011(12) Fla. Stat. and Art. 1, § 24(a) of the Florida Constitution. 22. Subsequently, Defendant responded to the Little Club Request via email indicating that"[Qhe Torn of Gulf Stream has received your public records request dated Mtry 1.1, 2014. If pour request was received in writing, tteu rhe first page of that request is attached to this cover letter. If your request liras verbal, then to description of your public records request is set forth in the space belotr. The Torn of Gulf Streant is currently working on a longe number ofinconuing public records requests. The Torn will use its very best efforts to respond to you in a reasonable amount of tine with the appropriate response or an estimated cost to respond" The aforesaid Response is attached hereto and incorporated herein as Exhibit F. 23. Nevertheless, Defendant still has yet to produce any of the records originally requested by Plaintiff on May 14, 2014; as such, Defendant has failed to fully and adequately respond to this Request in a legally -sufficient manner. THC "PAS HOA REQUEST" 24. On or about May 14, 2014, Plaintiff submitted a Public Records Request via email to Defendant's Town Clerk, Rita Taylor (rtaylor@gulf-stream.org), located at 100 Sea Road, Gulf Stream, FL 33483, under the provisions of Chapter 119, Florida Statutes. To clarify, Plaintiff made a Public Records Request for "all ptiblic records that are communications between the Place An Solei! Homeowners Association or its agents and the Town of GulfSlr•ean, its agent, or employees created or received between Jarman y 1, 3013 and through to the date yon received this request " (the "PAS HOA Request"). The aforesaid Request is attached hereto and incorporated herein as Exhibit G. 25. The PAS HOA Request also advised the Defendant to provide in writing any statutory exemptions, to provide the appropriate citation for any such exemption and to clearly articulate in writing the rationale for asserting such an exemption. 26. The PAS HOA Request asked for public records as that term is used and defined in Chapter 119, Florida Statutes, including § 119.011(12) Fla. Stat. and Art. 1, § 24(a) of the Florida Constitution. 27. Subsequently, Defendant responded to the PAS HOA Request via email indicating that "(iJiie Town of GulfSrream has received your public records request dated May 14, 2014. If your request iras received in writing. then the first page of that request/ is attached to this corer letter. /;your request was verbal, then the description of your public records request is ser forth in the space below. The Town of GulfStreau is currently working on a large number ofincoming public records requests. The Town will rise its very best efforts to respond to you in a reasonable amrount of time with the appropriate response or an estimated cost to respond" The aforesaid response is attached hereto and incorporated herein as Exhibit H. 28. Nevertheless, Defendant still Inas yet to produce any of the records originally requested by Plaintiff on May 14; as such, Defendant has failed to fully and adequately respond to this Request in a legally -sufficient manner. THE "DREDGING REQUEST" 29. On or about May 14, 2014, Plaintiff submitted a Public Records Request via email to Defendant's Town Clerk, Rita Taylor (rtaylor@gulf-stream.org), located at 100 Sea Road, Gulf Stream, FL 33483, under the provisions of Chapter 119, Florida Statutes. Specifically, Plaintiff made a Public Records Request that slated as follows: "[pjrovide all public records related to, concerning, refecting, mentioning, or inferring to any dredging authorized by, performed by, or paid for by the Tonin of Gulfstream, its agents, employees, contractors, or associates frain May 1, 2004 until the date of this request " (the "Dredging Request"). The aforesaid Request is attached hereto and incorporated herein as Exhibit 1. 30. The Dredging Request also advised the Defendant to provide in writing any statutory exemptions, to provide the appropriate citation for any such exemption and to clearly articulate in writing the rationale for asserting such an exemption. 31. The Dredging Request asked for public records as that term is used and defined in Chapter 119, Florida Statutes, including § 119.01](12) Fla. Slat. and Art. I, § 24(a) of the Florida Constitution. 32. Subsequently, Defendant responded to the Dredging Request via email indicating that'Whe Town of GulfStreon has received pour public records request dated Alay 14, 2014. /fyonr request ieas received in uniting, then the fust page of that request is attached to this cover letter. if your request 11 as verbal, then the description of your public records request is set forth in the space belov. The Town of Gulf Stream is currently working on a lenge number of tncuuting public records requests. The Tonin mill use its rety best efforts to respond to you in u reasonable amount of tine ,pith the appropriate response or on estimated cost to respond" The aforesaid response is anached hereto and incorporated herein as Exhibit J. 33. Nevertheless, Defendant still has yet to produce any of the records originally requested by Plaintiff on May 14; as such, Defendant has failed to fully and adequately respond to this Request in a legally -sufficient manner. THE "MIKLOSRE, QUEST" 34. On or about May 14, 2014, Plaintiff submitted a Public Records Request via email to Defendant's Town Clerk, Rita Taylor (rtaylor@gulf-stream.org), located at 100 Sea Road, Gulf Stream, FL 33483, under the provisions of Chapter 119, Florida Statutes. To specify, Plaintiff made a Public Records Request for -[a]11 letters. entails, notes, correspondence, written inquiries, fares, minutes. reports, drawings, photos, videos or any otter record of communication sent front your agency to, or received by your agency from, Mt•. Quinn L Miklos during the time period,fi•om Jomaty 1, 3013 through to the date you received this record request. " (the "Miklos Request"). The aforesaid Request is attached hereto and incorporated herein as Exhibit K. 35. The Miklos Request also advised the Defendant to provide in writing any statutory exemptions, to provide the appropriate citation for any such exemption and to clearly articulate in writing the rationale for asserting such an exemption. 36. The Miklos Request asked for public records as that term is used and defined in Chapter 119, Florida Statutes, including § 119.011(12) Fla. Stat. and Art. 1, § 24(a) of the Florida Constitution. 37. Subsequently, Defendant responded to the Miklos Request via email indicating that "[/]he Town ofGuljSireant has received yon• public records request dared Afay 14, 2014. Ifyotr request vias received in writing, their the first page of that request is attached to this corer letter, ljyour request iras• verbal, then the description ofyour• ptiblic records request is set forth in the space below. The Town of Gul(Sneaut is currently working on a large number of incoming public retards requests. The Town will use its very best efforts to respond to you in a reasonable amount ofrinre with the appropriate response or an estimated cost to respond." The aforesaid response is attached hereto and incorporated herein as Exhibit L. 38. Nevertheless, Defendant still has yet to produce any of the records originally requested by Plaintiff on May 14, 2014; as such, Defendant has failed to fully and adequately respond to this Request in a legally -sufficient manner. THE "DERING HOME ADDRESSES REQUEST" 39. On or about May 14, 3014, Plaintiff submitted a Public Records Request via email to Defendant's Town Clerk, Rita Taylor (rtaylor@gulf-stream.org), located at 100 Sea Road, Gulf Stream, FL 33483, under the provisions of Chapter 119, Florida Statutes. To clarify, Plaintiff made a Public Records Request for "[6]11 records of ex commissioner Garrett Dering s house addresses and hove phone numbers and entail addresses" (the "Dering Home Address Request"). The aforesaid Request is attached hereto and incorporated herein as Exhibit M. 40. The Dering Home Address Request also advised the Defendant to provide in writing any statutory exemptions, to provide the appropriate citation for any such exemption and to clearly articulate in writing the rationale for asserting such an exemption. 41. The Dering Home Address Request asked for public records as that term is used and defined in Chapter 119, Florida Statutes, including § 119.011(12) Fla. Stal. and Art. 1, § 24(a) of the Florida Constitution. 42. Subsequently, Defendant responded to the Dering Home Request via email indicating that "[1]he Tawu of Gulf Stream has received your public records request dated Afay 14, 1014. if your request was received in writing, then the first page of that request is attacheil to this cover letter. if your request seas verbal, then the description of your public records• request is set forth in the space below. The Town of GulfStrean is currently working on a large number ofinco ting public records requests. The Tasru will use Its very best efforts to respond to you in a reasonable amount oflfine with the appropriate response or an estimated cost to respond."The aforesaid response is attached hereto and incorporated herein as Exhibit N. 43. Nevertheless, Defendant still has yet to produce any of the records originally requested by Plaintiff on May 14, 2014; as such, Defendant Inas failed to fully and adequately respond to this Request in a legally -sufficient manner. THE "960 INDIGO REQUEST" 44. On or about May 18, 3014, Plaintiff submitted a Public Records Request via email to Defendant's Town Manager, Bill Thrasher (bthrasher@gulf-stream.org), located at 100 Sea Road, Gulf Stream, FL 33483, under the provisions of Chapter 119, Florida Statutes. In particular, Plaintiff made a Public Records Request (the "Request") for "(a) [aJrry record ofally emails, handwritten notes, memos, conditional records, applications, plans, files, power point files, right-of-way maps, sketches, schematics, surveys, drawings, images, letters, orders, correspondence, digital records, presentation records, reporis, photos or any other record related in any way to the pre -application, application, hearing, approval and any subsequent action to the development project that was the subject of the April 4, 2014 ARPB ineeling agenda item IV Public Nearing A. 2 For 960 indigo Point which was created, received or referenced by the Town... (b) [i Jeferenced records as stated above to include all records related to inquiries, complaints, comments and responses benreen the town and any residents about this properly, right-of-way trap of Indigo Point, any records regarding an illegal' Yd garage/ca pori, any records related to 'crossing liligation' referenced by blr. Thrasher during this meeting, any records related to 'a pending legal arse regarding a neighbors hedge' referenced by Ms. Taylor at this meeting... (c) [aJny record of any entails, handwritten notes, memos, images, letters, correspondence, digital records, reports, photos a• any other record related in any tray to 'multiple legal issues ' offered to be informed by Mr. Thrasher to members ofA RPB during the ARPB meeting held on April 24, 1014 and any records related to Mr. Thrasher's activit}l in this matter" (the "960 Indigo Request"). The aforesaid Request is attached hereto and incorporated herein as Exhibit O. 45. The 960 Indigo Request also advised the Defendant to provide in writing any statutory exemptions, to provide the appropriate citation for any such exemption and to clearly articulate in writing the rationale for asserting such an exemption. 46. The 960 Indigo Request asked for public records as that term is used and defined in Chapter 119, Florida Statutes, including § 119.011(12) Fla. Stat. and Art. 1, § 24(a) of the Florida Constitution. 47. Defendant responded to (lie 960 Indigo Request via email indicating that "(IJhe Town of GtdfStreanh has received your public records request dated May 18, 2014. Ifyour request was received in writing, then the first page of that request is attached to this cover letter. Ifyour requesi was verbal, then the description o%your public records request is set forth in the space below. The Town of Guy 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 onhount of tinre with the appropriate response at, an esi nraled cost to respond " The aforesaid response is attached hereto and incorporated herein as Exhibit P. 48. Nevertheless, Defendant still has yet to produce any of the records originally requested by Plaintiff on May 18, 2014; as such, Defendant has failed to fully and adequately respond to this Request in a legally -sufficient manner. THE "POLO COVE DOCKS REQUEST" 49. On or about May 5, 2014, Plaintiff submitted a Public Records Request via email to Defendant's employee, Freda DeFosse (fdefosse@gulf-stream.org), located at 100 Sea Road, Gulf Stream, FL 33483, under the provisions of Chapter 119, Florida Statutes. Specifically, Plaintiff made a Public Records Request for " (aJny record of any per•nhits, files, entails, notes, letters, correspondence or any other record regarding docks-, pilings or other- structures built on the water side ofthe concrete seawall or bulkhead surrounding the perimeter of Polo Cove" (The "Polo Cove Docks Request"). The aforesaid Request is attached hereto and incorporated herein as Exhibit Q. 50. The Polo Cove Docks Request also advised the Defendant to provide in writing any statutory exemptions, to provide the appropriate citation for any such exemption and to clearly articulate in writing the rationale for asserting such an exemption. 51. The Polo Cove Docks Request asked for public records as that term is used and defined in Chapter 119, Florida Statutes, including § 119.011(12) Fla. Slat. and Art. I, § 24(a) of the Florida Constitution. 52. Subsequently Defendant responded to the Request via email indicating that " [Ijhe Town of GulfStrearn has received yon• public records request dated kitay .i, 2014. lfyom• request was• received in writing, then the first page of that request is attached to this cover letter. /fyom• request was verbal, then the description ofyour• public records request is set forth in the space below. The Town ofGnlfStream is cur•rerhty working on a large number of incoming public records requests. The Town will rise its very best Lffm is to respond to you in a reasonable arnormt oft» he with the appropriate response or art estimated cost to respond." The aforesaid response is attached hereto and incorporated herein as Exhibit R. 53. On May 19, 2014 Plaintiff again emailed Defendant to indicate that he was writing to Defendant to follow up on Defendant's Response to Plaintiffs original Request. As such, Plaintiff informed Defendant that in Defendant's response, Defendant wrote that "[11he 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 response," and also inquired as to whether Plaintiff would be receiving the requested records soon. See Exhibit S. 54. Nevertheless, Defendant still Inas yet to produce any of the records originally requested by Plaintiff on May 5, 2014; as such, Defendant has failed to filly and adequntely respond to this Request in a legally -sufficient manner. COUNT I — UNLAWFUL WITHHOLDING OF PUBLIC RECORDS WITH RESPECT TO THE "JONES -FOSTER REQUEST" 55. Plaintiff re -alleges and incorporates by reference the above numbered Paragraphs I through 54 as if fully alleged herein. 56. Defendant, as an agency defined in §119.011(3), Fla. Stat. owes a duty to allow access to any person to all public records within its control pursuant to Fla. Stat. § 119.01(l) unless specifically exempted by the Florida Constitution. 57. Defendant violated its duty when it refused to procure the requested records in violation of Article I, §24 of the Florida Constitution, § 119.07(1)(a), Fla. Stat. and well- established case law. 58. The records Plaintiff requested are not exempted under Florida's Public Records Act. 59. The Defendant cited no statutory exemption applicable to the requested records with regard to Plaintiff's Jones -Foster Request. 60. Defendant's refusal to procure the requested records pursuant to Plaintiffs Jones - Foster Request constitutes an unlawful withholding or refusal of access as contemplated by Florida's Public Records Law. 61. Defendant's failure to fully and adequately respond to Plaintiffs Jones -Foster Request in a legally sufficient manner makes the future violation of Chapter 119 likely. 62. Plaintiff has suffered irreparable harm and has no adequate remedy at law. COUNT II — UNLAWFUL WITHHOLDING OF PUBLIC RECORDS WITH RESPECT TO THE "GSGC REQUEST" 63. Plaintiff re -alleges and incorporates by reference the above numbered Paragraphs 1 through 54 as if fully alleged herein. 64. Defendant, as an agency defined in § 119.011(2), Fla. Stat. owes a duty to allow access to any person to all public records within its control pursuant to Fla. Stat. § 119.01(1) unless specifically exempted by the Florida Constitution. 65. Defendant violated its duty when it refused to procure the requested records in violation of Article I, §24 of the Florida Constitution, §I 19.07(1)(a), Fla. Stat. and well- established case law. 66. The records Plaintiff requested are not exempted under Florida's Public Records Act. 67. The Defendant cited no statutory exemption applicable to the requested records with regard to Plaintiff's GSGC Request. 68. Defendant's refusal to procure the requested records pursuant to Plaintiffs GSGC request constitutes an unlawful withholding or refusal of access as contemplated by Florida's Public Records Law. 69. Defendant's failure to fully and adequately respond to Plaintiffs GSGC Request in a legally sufficient manner makes the future violation of Chapter 119 likely. Plaintiff has suffered irreparable harm and has no adequate remedy at law. COUNT III — UNLAWFUL WITHHOLDING OF PUBLIC RECORDS WITH RESPECT TO THE "LITTLE CLUB COM REQUEST" 70. Plaintiff re -alleges and incorporates by reference the above numbered Paragraphs 1 through 54 as if fully alleged herein. 71. Defendant, as an agency defined in § 119.011(2), Fla. Stat. owes a duty to allow access to any person to all public records within its control pursuant to Fla. Stat. § 119.01(1) unless specifically exempted by the Florida Constitution. 72. Defendant violated its duty when it refused to procure the requested records in violation of Article 1, §24 of the Florida Constitution, § 119.07(l)(a), Fla. Stat. and well- established case law. 73. The records Plaintiff requested are not exempted under Florida's Public Records Act. 74. The Defendant cited no statutory exemption applicable to the requested records with regard to Plaintiff's Little Club Com Request. 75. Defendant's refusal to procure the requested records pursuant to Plaintiffs Little Club Com request constitutes an unlawful withholding or refusal of access as contemplated by Florida's Public Records Law. 76. Defendant's failure to fully and adequately respond to Plaintiff's Little Club Com Request in a legally sufficient manner makes the future violation of Chapter 119 likely. Plaintiff has suffered irreparable harm and has no adequate remedy at law. COUNT IV — UNLAWFUL WITHHOLDING OF PUBLIC RECORDS WITH RESPECT TO THE "PAS HOA REQUEST" 77. Plaintiff re -alleges and incorporates by reference the above numbered Paragraphs 1 through 54 as if fully alleged herein. 78. Defendant, as an agency defined in § 119.011(2), Fla. Stat. owes a duty to allow access to any person to all public records within its control pursuant to Fla. Stat. § 119.01(1) unless specifically exempted by the Florida Constitution. 79. Defendant violated its duty when it refused to procure the requested records in violation ofArticle 1, §24 of the Florida Constitution, §119.07(1)(a), Fla. Stat. and well- established case law. 80. The records Plaintiff requested are not exempted under Florida's Public Records Act. 81. The Defendant cited no statutory exemption applicable to the requested records with regard to Plaintiffs PAS HOA Request. 82. Defendant's refusal to procure the requested records pursuant to Plaintiff's PAS HOA request constitutes an unlawful withholding or refusal of access as contemplated by Florida's Public Records Law. 83. Defendant's failure to fully and adequately respond to Plaintiffs PAS HOA Request in a legally sufficient manner makes the future violation of Chapter 119 likely. Plaintiff has suffered irreparable harm and has no adequate remedy at law. COUNT V — UNLAWFUL WITHHOLDING OF PUBLIC RECORDS WITH RESPECT TO THE "DREDGING REQUEST" 84. Plaintiff re -alleges and incorporates by reference the above numbered Paragraphs I through 54 as if fully alleged herein. 85. Defendant, as an agency defined in §119.011(2), Fla. Stat. owes a duty to allow access to any person to all public records within its control pursuant to Fla. Stat. § 119.01(1) unless specifically exempted by the Florida Constitution. 86. Defendant violated its duty when it refused to procure the requested records in violation of Article 1, §24 of the Florida Constitution, § 119.07(I)(a), Fla. Stat. and well- established case law. 87. The records Plaintiff requested are not exempted under Florida's Public Records Act. 88. The Defendant cited no statutory exemption applicable to the requested records with regard to Plaintiff's Dredging Request. 89. Defendant's refusal to procure the requested records pursuant to Plaintiff's Dredging request constitutes an unlawful withholding or refusal of access as contemplated by Florida's Public Records Law. 90. Defendant's failure to fully and adequately respond to Plaintiff's Dredging Request in a legally sufficient manner makes the future violation of Chapter 119 likely. Plaintiff has suffered irreparable harm and has no adequate remedy at law. COUNT VI — UNLAWFUL WITHHOLDING OF PUBLIC RECORDS WITH RESPECT TO THE "MIKLOS REQUEST" 91. Plaintiff re -alleges and incorporates by reference the above numbered Paragraphs 1 through 54 as if fully alleged herein. 92. Defendant, as an agency defined in §119.011(3), Fla. Stat. owes a duty to allow access to any person to all public records within its control pursuant to Fla. Slat. § 119.01(1) unless specifically exempted by the Florida Constitution. 93. Defendant violated its duty when it refused to procure the requested records in violation of Article I, §34 of the Florida Constitution, §I 19.07(1)(a), Fla. Stat. and well- established case law. 94. The records Plaintiff requested are not exempted under Florida's Public Records Act. 95. The Defendant cited no statutory exemption applicable to the requested records with regard to Plaintiffs Miklos Request. 96. Defendant's refusal to procure lite requested records pursuant to Plaintiffs Miklos request constitutes an unlawful withholding or refusal of access as contemplated by Florida's Public Records Law. 97. Defendant's failure to fully and adequately respond to Plaintiffs Miklos Request in a legally sufficient manner makes the future violation of Chapter 119 likely. Plaintiff has suffered irreparable harm and has no adequate remedy at law. COUNT VII — UNLAWFUL WITHHOLDING OF PUBLIC RECORDS WITH RESPECT TO THE "DERING HOME ADDRESS REQUEST" 98. Plaintiff re -alleges and incorporates by reference the above numbered Paragraphs I through 54 as if fully alleged herein. 99. Defendant, as an agency defined in § 119.011(3), Fla. Stat. owes a duty to allow access to any person to all public records within its control pursuant to Fla. Stat. § 119.01(1) unless specifically exempted by the Florida Constitution. 100. Defendant violated its duty when it refused to procure the requested records in violation of Article 1, §34 of the Florida Constitution, § 119.07(1)(a), Fla. Stat. and well- established case law. Act. 101. The records Plaintiff requested are not exempted under Florida's Public Records 103. Tile Defendant cited no statutory exemption applicable to the requested records with regard to Plaintiffs Dering Home Address Request. 103. Defendant's refusal to procure the requested records pursuant to Plaintiffs Dering Home Address Request constitutes an unlawful withholding or refusal of access as contemplated by Florida's Public Records Law. 104. Defendant's failure to fully and adequately respond to Plaintiffs Dering Home Address Request in a legally sufficient manner makes the future violation of Chapter 119 likely. Plaintiff has suffered irreparable harm and has no adequate remedy at law. COUNT VIII — UNLAWFUL WITHHOLDING OF PUBLIC RECORDS WITH RESPECT TO THE "960 INDIGO APP REQUEST" 105. Plaintiff re -alleges and incorporates by reference the above numbered Paragraphs I through 54 as if fully alleged herein. 106. Defendant, as an agency defined in § 119.01 l (2), Fla. Stat. owes a duty to allow access to any person to all public records within its control pursuant to Fla. Stat. § 119.01(1) unless specifically exempted by the Florida Constitution. 107. Defendant violated its duty when it refused to procure the requested records in violation of Article I, §24 ofthe Florida Constitution, §I 19.07(l)(a), Fla. Stat. and well- established case law. Act. 108. The records Plaintiff requested are not exempted under Florida's Public Records 109. The Defendant cited no statutory exemption applicable to the requested records with regard to Plaintiffs 960 Indigo App Request. 110. Defendant's refusal to procure the requested records pursuant to Plaintiffs 960 Indigo App Request constitutes an unlawful withholding or refusal of access as contemplated by Florida's Public Records Law. 111. Defendant's failure to fully and adequately respond to Plaintiff's Indigo App Request in a legally sufficient manner makes the future violation of Chapter 119 likely. Plaintiff has suffered irreparable harm and has no adequate remedy at law. COUNT IX — UNLAWFUL WITHHOLDING OF PUBLIC RECORDS WITH RESPECT TO THE "POLO COVE DOCKS REQUEST" 112. Plaintiff re -alleges and incorporates by reference the above numbered Paragraphs I through 54 as if fully alleged herein. 113. Defendant, as an agency defined in § 119.011(2), Fla. Slat. owes a duty to allow access to any person to all public records within its control pursuant to Fla. Stat. § 119.01(1) unless specifically exempted by the Florida Constitution. 114. Defendant violated its duty when it refused to procure the requested records in violation of Article I, §24 of the Florida Constitution, § 119.07(I)(a), Fla. Stat. and well- established case law. Act. 115. The records Plaintiff requested are not exempted under Florida's Public Records 116. The Defendant cited no statutory exemption applicable to the requested records with regard to Plaintiffs Polo Cove Docks Request. 117. Defendant's refusal to procure the requested records pursuant to Plaintiffs Polo Cove Docks Request constitutes an unlawful withholding or refusal of access as contemplated by Florida's Public Records Law. 118. Defendant's failure to fully and adequately respond to Plaintiff's Polo Cove Docks Request in a legally sufficient manner makes the future violation of Chapter 119 likely. Plaintiff has suffered irreparable harm and has no adequate remedy at law. RELIEF REQUESTED WHEREFORE, Plaintiff prays that this Court: (a) Set an immediate hearing pursuant to § 119.11, Florida Statutes; (b) Declare that the Defendant's failure to provide Plaintiff with the requested public records in question was unconstitutional and unlawful under Article 1, § 24 of the Florida Constitution and the Public Records Act; (c) Order the Defendant to provide the requested records in question; (d) Enjoin the Defendant from denying access to records which are subject to the Public Records Act; (e) Award Plaintiff his reasonable attorney's fees, costs and expenses incurred in this action, as provided in § 119.12, Florida Statutes; and (f) Grant such further relief as the Court deems proper. Respectfully submitted, Dated: July 7. 2014 THE O'BOYLE LAW FIRM, P.C. Attorneys for Plaintiff 1286 West Newport Center Drive Deerfield Beach, FL 33442 Telephone: (954) 570-35 18 Facsimile: (954) 360-0807 For Service of Court Documents: oboylecourtdocsO..obovlelawfi rm.com By: /s/ Nick Taylor Nick Taylor, Esq. Florida Bar 9051629 ntavlor+d obovlelawfirm.com Albert Medina, Esq. Florida Bar 9109186 amedina cr.obovlclawlirm.com Exhibit A Your orieinal renuest, dated May 14, 2014, is reproduced in the space be ow; From: review.content.apply [mailto:review.content.aooly(d)emall.comj Sent: Wednesday, May 14, 2014 9:34 PM To: Rita Taylor Subject: PUBLIC RECORDS REQUEST gsgc com "It MrmasMGM, Gi[Hm i.+lvnprl/(p+tnw [xllt brad I W pnG[ rrwprlputlr rplLt fplYY+d eHaal lw Mr IIInY I+:Ip rp NI[ ] wWt rtlpWl gw111 d Int Il+nd WII {Ilpnlw pr441rtwdl lw TI PYIYMI bIwWM •�•bw1. 11nr•+!l and H+nikwwf4.rs llln> /A•Ep Y pAS:ItbAI WI N Cprm4n�WIgM bJlKtrl PO GJI W ppm GtlICW]pl U.xm. 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Dear review.content.apply [mailto: review.content.apply a gmail.comj, The Town of Gulf Stream has received your public records request dated May 14, 2014. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. 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 ortime with the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records Exhibit C Yourorieinnl reauest, dated May 14, 2014, is reoroduced in the space below: From: review.content.apply [mailto:review.content.aoplv(aemail.comj Sent: Wednesday, May 24, 2014 9:32 PM To: Rita Taylor Subject: PUBLIC RECORDS REQUEST little club com NWCdlcolv301 W In la4 nrpmr+ IMu 4...W pn 1ed<.11..d41111..M. 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Mro1Jf M tlIOM [e NlnlupOdKlr W.•Ix ].111MIIILItrlr.l lnr 1vIN1AI ntib k Iwl1a NAYr ln/ <YFunr V M p r<npe 141plIRmNI Np]Itl lnJla Inar.nJnIryYnMM Inl o14br InJxlxru4 pnr IOKYr.ton0ay tryrrlwln IMIKutl rt✓+t pimtnl IrpA I.1 MglMaolopelpR4t4Mdl gvultl lnpypr.Nd. n.lpnl lolN bb...( JJUYItl fdmXW COn19O1.d1W1V1aMf(L41 Cep, Exhibit D TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered vin e-mail May 16, 2014 review.conlent.apply [mailto: review.content.apply@gmail.com) Re: PUBLIC RECORDS REQUEST little club com Provide all public records that are communications between the Little Club or its agents and the Town of Gu y'Stream, its agent, or employees created or received between January 1, 3012 and through to the date you received this request. Dear review.content.apply [mailto: review.contcnt.apply a gmail.com], The Town of Gulf Stream has received your public records request dated May 14, 2014. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. 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 appropriute response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records Exhibit E Your original renuesl, dated Mnv 14. 3014 iS renrpduced in the space below: From: review.content.apply(mailto:review.content.aoplvPgmail.comj Sent: Wednesday, May 14, 2014 9:32 PM To: Rita Taylor Subject: PUBLIC RECORDS REQUEST little club cam 1111110 v60.0v111ulp NM0.bun 1WKMw001NI 01104 v[prJnvaoup PtCmleWnMplWvlNrye•rMMp IwaYlemvlr pruNnrtwduriurti MlLelo-.el Gap Anamlw wW rtwA Irolb pwlwb IvrL—n rr.-Ir n•... 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Dear review.content.apply [mailto: review.content.apply rc.gmail.com], The Town of Gulf Stream has received your public records request dated May 14, 3014. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. 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 nn estimated cost to respond. Sincerely, Town Clerk Custodian of the Records Exhibit G Your original rcouest. dated May 14. 2014, is reproduced in the space below: From: review.content.apply lmailto:review.content.aoolvlaemail.coml Sent: Wednesday, May 14, 2014 9:30 PM To: Rita Taylor Subject: PUBLIC RECORDS REQUEST PAS HOA com NnK" oms01=1 r4 nen I. 1v.61nn m.I twine Itnrla.uv IfirrytMrtminmCx Iprnr[uxgalnrl llxwlll lx Nuulrnl I.rinlomJ4 JPtII{rnwnnM.11 a Itc rv...vIGv44rrin IP pykmxYl Ifv nnryrvJn Ie1N.n. rr...w.N...r.M 1 1.,1.rw J{ a.ar_n11'_SiM_11=^1 Ne. . W WW[rOANI N[Nld. 1.1..1011 1 xn lIv111n ut hrnn111W We mmrvnQ % ptlMan n. pate HI Sqi l eW,nn 1tWK W% Wilt AgW,I wWM ro.n d fN0+5ln mL In apml m rltpblra 011110 W ramIn0 W.JY 1!01].w Impugn b N.,,. Yw I[tO.pa1MIWYM vinll Ntbp(v0n014pn NenJ9Jnp4nllnlN toNld al al lr.nvll{u1 roKnII111Mtm[brrn u[.ntWrJantPpllNl Ntln Wn4.l 11 ltwVlvrrll lliwi.nl[N IMIJM nl W r[tY/ll Yn Ifr1rW 41 Nrpxllwrinlrpl. Jrt pimp 44n NlwllOn p YNNlprp4ll! 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Nlaq(IlrpNll Wl NrtlmMllw Illprul b.dNIn N4Anr wl.(.1.+[ Iw glrn I(IMnpralnwdl lok Ip✓li Ilntptwaan.R JaYW RVPNntprpllMw[k111 rrNJnr••JpMwulwap mru prkln ntwvl nLwrn [nr rworbp[MnM•Rpvlx [4tuM(nf(rlll bre r11M puxK rRpt10CN 1annlarirriJNlprnl prep JttRr Mln[krxW[IgmNfJCII[p.YYI[IMIRpnIn IN HY..r1rMry•nK4.l^rlN.r{nlrrYwilr RNlcnpr[et•IW L L_3g5_mralexn nR+w{4Rnv preGttaalomr vl Nrn.ra{+nwa.rkrvrrn+nNrnalun4.ml W+M.ANrrvu.r ler vrPn4 p.rmrN Lpn mr.µNr roar Arasrlmkrprwre wrn+amrp11e1PW.nW Igwn onohNurNtn.nm wn.tl.n.bnpxp+irkm nen mu ppp.m Jnrrtnpo.e mpnl.klpnnJJraarlp4l.pw wl.lyu.r Apr OrNp vlrMnl p<. b hNrt^r I[la aN411N[ NI mpklwvn al xnle prAinlftgflla rrlmn p pn[N N! npu11 n[ NayNRt of IN+mppplbnwN awlnrn rp4Nn a11M Imllrptl I4ntprlw(Ipvrrvrr Mr pileup Ivu u.KKJ1rIN Igdrwnly vl py[I able mmOJt wrp n 1s JaMrtul4lk(Imla Upp IbmnNdlMvr LRnnMnO.r(IA r[wtOlnY wPW ghkt NrMn IIM RI umlwmn mrk4 pupl{mgaupuOUM.bkmAO(rr4upplb leM.ry rPW JNnn InuigW CONnnLInPIVn60T.lil COnl Exhibit H TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 16, 3014 review.conlent.apply fmaillo: review.conrent.apply@gmail.com] Re: PUBLIC RECORDS REQUEST PAS HOA cum Provide all public records created or received since Jan l 3013 to the present that are communications behreen the Place An Saleil Homeowners Association or its agents and the Town of Gulf Stream. its agent, or enrplovees created or received between January 1, 3013 and through to the datee)-arr received this request. Dear review.content.apply (maillo: review.content.apply@gmnil.com), The Town of Gulf Stream has received your public records request dated May 14, 3014. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. 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 Exhibit I Your original request- dated May 14 2014, is reproduced in the space below: From: revieW.content.apply (mailto:review.content.apoly(demail.comj Sent: Wednesday, May 14, 2014 9:29 PM To: Rita Taylor Subject: PUBLIC RECORDS REQUEST dredging vynN JI [Ovn14 pu{li tea{w{ 41[VYn CrtpNMpinprM.l.In NrnlllapW:/rnardlppNll YllNtrw pl Lul%Itlxla prtltllln•pl ld)IN[aWlYrni01%`N� 1nYM {�[rn It aW amWtla NaRvwtl! nblydlv.Rxte np IlNnxt mt WarJ1(. anllxmp/lNOId{m(lWMJlapr. NAwmrOtl mpl'41w Or IN b.rrd Wamnm vl qtm LlrRhrrti lwlXlpi or gl[tlllll Npnila11.1tIG ImN IN YIq N INI NTrtll xIV/NlnYtrnvdl M1nm YNprlgwwlt hlN lwrWvhryv.n tllrwnJ)BrvNUWtMbinuW wltrlrMu[wtlubOrl RlwlnllvlMtLprr4 drw NnitW I11UN vllnt Itlpq Ilm ptlh(,auMpminnlMgvl,art aprnpl Lvnlm.Nllbnw OnHw4 W nt URIM Ipnlli tttxJlbn Jl wNNJh Ic�.lrtubnr I INn1111FpnY pt -/h nalr( rnp.+n unnYW p IN tale lar Lr tt«WIaN anrpY:a et LI �y1c'•Jl l'L^Ia1MJ Dbur W r mtrgllr_mlr.r q norm JW IaW ulmm�H mynw• 11lllt•cmxlr Wtrr.byr r/[MI DIIMart11 rrl)rq uwm IW III mwu {eN bN Inpn.Mn '�banmllxprnraraM1Y rQwll bdnnmxrfamxMr)rrmu Wnpbrm�rMNnlpwr.NlNrlrturtpdxnn w¢rfK INlppgn v1.nM NHtlaHlm Nppipa' I VLIAMIrr RMnlx1141rvu Mlr rrnhb.GllinprnnYwldnmrYtlM1x mlrtr Rlpprnr 1plbl Dutk RtvMr RaN[l lv xnnrr g1YW rxwtr pr /n'� •I°J 4n! n I VNIbq Ipn Jq ItlMH N1v qr Irngl lb cvlM)Nr Iwntr IMn DIIYr gltgnlLl Rtpd4l.r'lIIV I6anv Inab rltardl al lmn q IM/AtiaJW4IW I..IMvllwuvtN poll ry W111lI lqn 111MttpplN JtNJ411 I Itp4111n11 glrlpPlllrt Irtvdl Lt nnnNla1rx11M.tdI.N nllpr Nnlr IIINIIILerllaltttpprlaMd Ylly ItIMI x[nx 1.411YI al /(r!I IrtvrYllNn jJtllrlm4lm/.nn.•IIIMIMI Ip IH IIDr11N rllxdl Yp Ilpm /p11.tV/}p11111M Ir(bCl nlrbtlpnlfY dS'rl 1x9 YIn1 puMrlttptl trur(!pu(ly}r wxlaln(dt/ tpW JIIHa M)n lltnlDK larmn rltlll V purl N/ Ilrprq ails/ nry..•wLnrrn lr...,r lr.nrn llr(r.x/ 11[lltt V pllntt t(( I l.m Darr IInd1I1D11 11 prllrW 9Yr Int Ornbrnnxvll(.nv OIIMII NtlY Inptl.alrtpall! ltxILD11YILInH tlW...nal 1prrpyll MI Ylpnlr DIIMV Mpamrr DlrllrrWlt mI nI1nI1Ma N0Wid NDNmpbmto-Wph{anr Donlmdwuullt.nwl.YYa RNnt mttwrmml nrnr Lnpmrtnnrrnmltl.a mpol wlxeru611).>gthlW dangrtpaauN ptuulwlmml Drw In n16Yx{ YtN lRaOltriM DrW,pinnnl Vrrlr wYt glpol laxHry fl W V Ulrnxll mr -ld-.1 •.ulm x1mn1111N NOwll 14b1 Nwrr lv YrNle ly Illnllrr le Il lv Nule Inr lat)brMp elbPl ardor rrfpol,)l.ry tl lDd IW{utntN Ivll el JLx lW mlllruVpb IvpuuvrM•{!nr RIMIn INI LwY R4ilpllmint IrMal1 )vRlitn[Il lalmfp RIVq IIpYrll lhw Nmat/r.rn+tip[NIVN..{,mJ Wlxl rlVwwC0n1an1.a0nIrF1t .1;ICOm Exhibit J TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 16, 3014 review.content.apply [mailto: review.content.apply@gmail.com) Re: PUBLIC RECORDS REQUEST dredging Provide all public records related to, concerning, reflecting, mentioning, or referring to any dredging authorised br, performed by, or paid for by the Town of Galfstrenm, its agents, emplovees, contractors, or ossacintes fi•ovn rbloY /. 3004 until the dare of this request. Dcar review.content.apply [mailto: review.conteni.apply@gmail.com), The Town of Gulf Stream has received your public records request dated May 14, 3014. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. 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 Exhibit K Your original request, dated May 14 2014, is remoducud in the snace below: From: review.content.apply (mailto:review.content.applyiTemail.comJ Sent: Wednesday, May 14, 2014 9:13 PM To: Rita Taylor Subject: PUBLIC RECORDS REQUEST • miklos PUBLIC RECORDS REQUEST - miklos Please forward to the Custodian of Records for your agency Pursuant to Article I, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: All letters, emails, notes, correspondence, written inquires, faxes, minutes, reports, drawings, photos, videos or any other record of communication sent from your agency to, or received by your agency from, Mr. Quinn I. Miklos during the lime period from January I, 2013 through to the date you receive this record request. If you contend that any of the records I am seeking, or any portion (hereof, are exempt from inspection or disclosure please cite the specific exemption as required by §119.07(I)(e) of the Florida Statutes and stale in writing and with panicularity the basis for your conclusions as required by § 119.07(1)(() of the Florida Statutes. Please lake note of §I 19.07(c) Florida Siatucs and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith cffart which "includes making rmonable efforts to determine from other officers oremployees within the agency whether such a record exists and, if so, the location at which the record can be accessed." 1 am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If any records are readily available, please produce those records first without wailing for all responsive records to be available. Produce the less readily available records as soon as they are available. if the public records being sought arc maintained by 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)(0, Florida Statutes. If you anticipate the production of any of these public records to exceed $1.00 please notify me in advance of their production with n 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. If any records may be produced far less than SI.00, please produce those records first while wailing to obtain authorization from me to produce more costly records. Do flat incur any costs that you expect me to pay which are greater than 51.00 until first obtaining my authorization to do so. All responses to this public records request should be made in writing to the following email address: m ca cgntenu apek L, nl.i•,nu Exhibit L TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via c -mail May 16, 2014 review.content.apply [mailto: review.content.apply@gmail,com] Re: PUBLIC RECORDS REQUEST— miklos All letters, emails, notes, correspondence, written inquires, fares, minutes, reports, drmvings, photos, videos or any other record of communication sent from your agency to, or received by your agency from. Air. Quinn h Atiklos during the rime period fionr January 1, 2013 through to the date you receive this record request. Dear review.conlent.apply [maillo: review.conlent,apply@gmail.com], The Town of Gulf Stream has received your public records request dated May 14, 2014. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. 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 reasonuble amount of time with the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of [he Records Exhibit M Your original renuest, dated May 14, 1014, is reproduced in the space below: From: review.content.apply jmailto:review.content.apply(a email coml Sent: Wednesday, May 14, 2014 4:21 PM To: Rita Taylor Subject: Public Record Request - dering home addresses M1Nt limy.taanl "'1AJA nravJrntl nnnla.rdlml waKllMrdreWntvlN runvdJn Nllnaablwl lPN/ I.rinlemnr apnl[n[nvl4vufn e11nr 1arnW 0.YltrpmlapAknrNdl Ida 16a1V1uv1 mNxx.na..,w 1.! }.I_1_arot••.0 uu+l Oaeo.tt._r Ar/ore. [Ifa lPnmlrnr corm ircndlnmt Iamfval lrW lroMDLmr.r/am aro r. A4J".nul Pw,u llwutaNal.MlanamMl YlarrMlNmf[allrNanlG.nmful(aNrOW vtaw.mCk'Inl)wrNlWam/[Na mx xl p IIIVu.. l➢m rewle n'JxlTllnawunr vI1N xtma I,muxYr(. mMrDaIIVI mrnN. yf nampl bv+slwnx• vl arCNma mtlrtlM ml tptpk nrmvlbnn rcvuneLy/L+wr trvw LnsnmM•I lndmu wwnMr a.J. +wn.nwuweaW br nl.r a,rkwm mlao-fd crn�r._u_:yq�l� P4,1. W f Mlt dIMN tnwat!'rl•Ilrl aM Iax rlbmle.a CN(llinb IIIVIvrKnNPnewkO(I hll W d IMIpWklftptlulmr111lMII1N1.apse W n Avn+a[n •Mktln md.a rmmnmr.J/xn a 41r,mnel'n+ Nnlr op+ln w Inabl rn.xn+IM cpwa wNlgn+m D nmdaruu a.t i rn IN enr.w n.1+M1 mf Inman+a.nmu • 1 aTlLxelPt IMY[ilarlMt talnNdl CS(I Iql' ^.tllrNn Dvgn.gnN xNa Ip1ma/(f IIID+n�nletl•I DWk rnoreu.vMil N ptltb[ U IY[I ylael M a++++I+lbv,lrl II IPnax[Pd, IMIpI llfepna+f la ml l.putll YI e4aNPt IaMfI1W NMI IIIaO11nt r.tma�lwamrl[In1 nrq[l.laa a11M1111 N./arapa4D41w1.G111v INl.f Irrl .All IHNIu11Mn u1iV/b[aneNWpk bMVOUDn naMwmwO.:pONwwN.b Len ma+Ak.Ud+l la avu nmem+l mtmdrla Glovw II IN INwvll.. Mt nYladgt Owl! yrPdllMn 04!11 tmaT..+M1 rnlVVlml lw mr IV P[I of rnnel µ Irvn p.r Iwtvkpdn 4R giNdl p IktllPr;a 04nJblm Ilaf Orifi n[PdlDnr{' IaV(nl a 1 m11n1YM DI /Lw,Llnpr+."VwaM W.J. dnir PeaRnMn¢Idl n lLe p•pa.Yun++lpreu n.nmlM/.IImOIM nunwld ('j ILJx xa.,+.nOei11N11 11/gl W ilklp IM vrvMlknN IPn1 N IMra PiY: x[pel Mxavux a 104Ld NIIx4MvullMla Inkarp Lrr elDtltl wIMM IKmn4 ikip MI/a nr dap/ Wm gMIRO wrMm prle tMMlmr pRDantlnel lnN nNN.11xl.eubnvwl 1VM1 el.min Ibxe INl ppd(( and x Wnrr•f nlpa M1t MI rc,Lylndl04 MdIb IOI niN1 a./ dlMlrtw/rrrinl v'bI lO paMp( 11 NIYIICkaf IMMCutlu+allMle dwPl.ndl. D+OO WMto/1LelJlal.M'Jh IM.aa,NtdINMPirirl[iW1.INlrrxlln[IM1Ta1CdIM ILINox PnpGIVIIee11WIlllt rulvrn mal rnwP[nnMl.ulMnaxII rtWb N..qm LLYrn(a:M1rlgvn NYDM 3Mnlnr,pp env lartwlb•t lq nlaRa Nx aPldrqut wrMlrl 4aemr irgmwn lv IM r.da rrlpa IMwn 1MNJG mldr.. ual IeM raryr(rrn,]mmtlt IlYr! W COnIlOLl001yr'domail Exhibit N TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered vin a-mnil May 15, 2014 review.conteni.apply fmaillo:rcview.cuntenl ;mnlv(it email com) Re: Public Record Request - dering home addresses All records of er commissioner Garrett Dering's home adrresses and home phone nwnbers and email addresses. Dear review.content.applyfmaiho:review.content.:mnlvGtemoil com], The Town of Gulf Stream has received your public records request dated May 14, 2014. If your request was received in writing, then the first page of that request is attached to [his cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. The Town of Gulf Stream is currently working on u 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 Exhibit O Sincerely, Town Clerk, Custodian of the Records Your original request, dared May 18 1014 is reproduced in the snace below: From:Imawaty Tirtarahardia (mailto:irnawatyt@gmaJ.comj Sent: Sunday, May 18, 201412:25 PM To: Bill Thrasher Subject: PUBLIC RECORDS REQUEST 960 indigo app PUBLIC RECORDS REQUEST 960 indigo app To whom II may concern, Please forward this public record request to the Custodian of Records for your agency. I wish to make a public records request of the Town of Gulf Stream for public records. I do this pursuant to Florida Constitution Article 1 Section 24 and Florida Statutes Chapter 119.07. Any record of any emalls, handwritten notes, memos, conditional records, applications, plans, files, powerpoint files, right-of-way maps, sketches, schematics, surreys, drawings, images, letters, orders, correspondence, digital records, presentation records, reports, photos or any other record related in any way to the pre -application, application, hearing, approval and any subsequent action to the development project that was the subject of the April 24, 2014 ARPB meeting agenda item VI. Public Nearing A. 2, for 960 Indigo Point which was created, received or referenced by the Town. Referenced records as stated above to include all records related to inquiries, complaints, comments and responses between the town and any residents about this property, right -of --way map of Indigo Point, any records regarding an "illegal' 3rd garagelcarport, any records related to crossing litigation" referenced by Mr. Thrasher during this meeting, any records related to "a pending legal case regarding a neighbors hedge" referenced by Ms. Taylor at this meeting, Any record of any emalls, handwritten notes, memos, images, letters, correspondence, digital records, reports, photos or any other record related in any way to multiple legal issues" oBered to be informed by Mr. Thrasher to members of ARPB during the ARPB meeting held on April 24, 2014 and any records related to Mr. Thrasher's activity in this matter. Please include records from all email accounts in the control of all town officials, appointees and employees and include all records that are responsive to this request. If you contend that any or the records I am seeking, or any portion [hereof, are exempt from inspection or disclosure please cite the specific exemption as required by Florida Statute 4119.07(1)(e) and state in writing and with particularity the basis for your conclusions as required by Florida Statute 019.0701tfl. Please lake note of Florida Slalue &119.07(c) and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a goad 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 [hat you notify every Individual in possession of records that may be responsive to this public records request to preserve all such records on an Immediate basis. If some records that are responsive to my request are obtainable sooner than other responsive records, I wish to receive those records as soon as they are available and I wish to receive the other records as soon as they become available. I request that no responsive records be withheld from me while walling for other responsive records to be found. If the records are not available as digital records then please email me with instructions for me to pick the records up from you. I would prefer the records in electronic or digital form. If the public records being sought are maintained by your agency in an electronic formal please produce the records In the original electronic format in which they were created or received. See Florida Statute §119.01(2)(f). If you anticipate the production of some of these public records will require a search of sufficient duration as to require any deposit payment from me, please notify me of any such required payment prior to conducting any portion of that search which would require such payment. Please first produce any responsive records that are readily available and do not require any deposit payment prior to producing. If you anticipate the production of these public records to exceed 51.00 please notify me in advance of their production 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 prior to you expending any resources that would require payment from me. All responses to this public records request should be made in writing to the following email address: irnawatvl(Elgmail.com Exhibit P TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered vin a-mnil May 20, 2014 IrnawatyTirlarahardja fmailto: irnawatyt@gmail.coml Re: PUBLIC RECORDS REQUEST 960 indigo app (a) ,4ay recant oJ•anv entails, handwrillen notes•, memos, condiliorml recarrls, applications, plans, files, power pobit files, right-of-itm" maps, sketches. schematics, stni,eys, drawings, intages, tellers, orders• correspondence, digital records, presentation records. reports, Photos 01 -alt), other record related in any way m die pre -application, application, hearing, approval and ani- subsequent action to the development project that ryas the subject of the April 14, 1014 ARPB meeting agenda item NL Public Nearing A. 1. for 960 Indigo Point which was treater. received m• referenced by the Town. (b) Referenced records as stated above to inchrde all records ielaled to inquiries. complaints, c•Jnments and responses between the town nud any residents about this property, a ight-o(- way amp of indigo Point, may records regarding an "illegal" 3rd garage%aiport, any records relater! to "crossing litigation" referenced Gr Mr. Thrasher during this meeting, Jay records related to "a pending legal case regarding a neighbors hedge" referenced b y Ms. Taylor at this meeting. (c) Any record of nap entails. handuoiten notes, meas: intages, tellers•, correspondence, digital records, reports. photos or any other record related in any way to "nndliple legal issues" offered to be informed by at (r. Thrasher to members of ARPB during the .4RPB Jeering held on April 14, 1014 and anv records related to Mr. Thrasher's activith, in this Matter. Dear imawuty Tirlarahardja Imailto: irnuw;nyt n gmail.coml The Town of Gulf Stream has received your public records request dated May 18, 2014. If your request was received in writing, then The first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. 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. Exhibit Q Your original reauesl doted May 05 1014 is reproduced in the srace below: From: IrnawatyTirtarahardja Imailto:Imawatyt@gmall.coml Sent: Monday, May 05, 2014 12:00 PM To: Freda Defosse Subject: PUBLIC RECORDS REQUEST polo cove docks PUBLIC RECORDS REQUEST polo cove docks To wham it may concern, Please forward this public record request to the Custodian of Records for your agency.) wish to make a public records request of the Town of Gulf Stream for public records. I do this pursuant to Florida Constitution Article 1. Section 24 and Florida Statutes Chapter 119.07. Any record of any permits, files, emails, notes, letters, correspondence or any other record regarding docks, pilings or other structures built on the water side of the concrete seawall or bulkhead surrounding the perimeter of Polo Cove. Please include records from all email accounts in the control of all town officials, appointees and employees and Include all records that are responsive to this request. 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 Florida Statute 4119.07111(e) and stale In writing and with particularity the basis foryour conclusions as required by Florida Statute §119.07(1)(fl. Please lake note of Florida Slame 5119.07(c) and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faillt effort which "includes nmking reasonable efforts to dererminefrom other officers or enrplorees within the agencc whether such a record exists and, ifso, floe location at which (lie record can be accessed" I am, therefore, requesting that you notify every individual iu possession of records that may be responsive Io this public records request to preserve all such records an an immediate basis, I am anxious to receive these records as soon as possible. If some records that are responsive to my request arc obtainable sooner than other responsive records, I wish to receive those records as soon as they are available and I wish to receive the other records as soon as they become available. I request that no responsive records be withheld from me while waiting for other responsive records to be found. If the records are not available as digital records then please email me with instructions for me to pick the records up from you. I would prefer the records in electronic or digital form. If the public records being sought are maintained by your agency in an electronic formal please produce the records in the original electronic format in which they were created or received. Sec Florida Simple § 119.01(3)1!1. If you anticipate the production ofsome of these public records will require a search of sufficient duration as to require any deposit payment from me, please notify, me ol'any such required payment prior to conducting any portion of that search which would require such payment. Please first produce any responsive records that are readily available and do not require any deposit payment prior to producing. If you anticipate the production of thuse public records to exceed SI.00 please notify me in advance of their production 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 prior to you expending any resources that would require payment from me. All responses to this public records request should be made in writing to the following email address: LmaULI it -niad cunt Exhibit R TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered vin e-mail May 6, 2014 Irnawaty Tirtarahardia [mail to:irnawatyt@gmail.com[ Re: PUBLIC RECORDS REQUEST polo cove docks Any record of'any permits, files•, emails•, notes, letters, correspondence or amv other record regarding docs, pilings or other su•ucturer built on the waterside of the concrete seawall or bulkhead surrounding the perimeter oJ'Polo Core. Dear IrnawatyTlrtarahardja [mailto:imawatvtralemall com), The Town of Gulf Stream has received your public records request dated May 5, 2014. If your request was received in writing, then the first page of that request is attached to (his cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. 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 Exhibit S From: Irnmvaty Tirtarahardja <irnawatvt-d email.conl` Date: Mon, May 19, 2014 at 8:48 AM To: bthrashem"ri!eulf-stremn.ora.diddtevreidit cam Second Request for Public Records - polo cove docks Dear Custodian of Records, Forwarded herein is your email to me of May 6 in which you responded to my public record request to you of May 5. Your email includes an attachment filled PUBLIC RECORDS REQUEST polo cove docks. In your response you wrote, The Town will use its very best e(fays to respond tol ou in a reasonable aunount of dune With ire appropriate response or an estimated cosl to respond. 1l is now 14 days since I made my request. May I receive these records soon? Sincerely, irnawatvud:emai l.com Renee Basel From: Gelin, Lynn <GelinL@mydelraybeach.com> on behalf of Gelin, Lynn Sent: Friday, August 26, 2016 3:20 PM To: JOConnor@jonesfoster.com Subject: RE: O'Hare PRR suits This message originated from outside your organization Thank you so much. No, he doesn't have a fee expert. Lynn Gelin, Esq. Asst. City Attorney City of Dclray Beach—011ice of the Cily Altorncy 200 NAS'. I" Avcnuc Dclray Beach, FL 3311'1 Phony (.561) 2,13-7001 Fax: (.561) 278-1755 �s�tw.0»dchaybcacl l.com PUBLIC RECORDS NOTE: Florida Im a very broad public records law. Most written communications to or from local officials, employees, or tie general public regarding city business are pubic records available to tie pubic and media upon request. Your e-mail communiattiom may tierefom be subject to public disclosure. From: OConnor, Joanne M.[mailto:]OConnor@jonesfoster.com] Sent: Friday, August 26, 2016 2:26 PM To: Gelin, Lynn Cc: Rustin, Janice Subject: Re: O'Hare PRR suits Sure. Copying my assistant Mary Macfarlane. We will get you materials by Monday morning. Do they have a fee expert? Sent from my iPhone On Aug 26, 2016, at 6:08 PM, Gelin, Lynn <GelinL(@mydelravbeach.com> wrote: This message originated from outside your organization Hi Joanne. It was nice speaking with you today. As promised, attached please find Roeder's motion for attorney's fees and exhibits as well as the City's response. If you could forward tome any Complaints filed by either O'Hare or Roeder it would be much appreciated. In addition, could you provide me with the case law concerning the denial of fees after the request has been fulfilled? Thanks for all of your assistance. Safe travels! Lynn Gelin, Esq. Ass[. City Allorncy City of Dclray Beach—Office of Ills City Attorney 200 N.W. 1" Avenue Delray Beach, FL 33444 Phone: (561) 243-7091 Fax: (561) 2784755 wwtv.mvdelrayUeach.conl PUBLIC RECORDS NOTE Florida has a very broad public records law. Most written communications to or from local officials, employee, or the general public regarding city business are public records available to the public and media upon request Your e-mail communications may therefore be subject to public disclom <7-13-16 City's response to P's attorney fees award.pdfl <1-18-16 Summons and Complaint.pdf> <4-19-16 PIS Motion for Attorney's Fees and Costs.pdfl <5-5-16 PIS Notice of Filing Affidavit of Attorney's Fees.pdf> Renee Basel From: Macfarlane, Mary <MMacfarlane@jonesfoster.com> on behalf of Macfarlane, Mary Sent: Friday, August 26, 2016 3:07 PM To: GelinL@mydelraybeach.com Cc: rustin@mydelraybeach.com; JOConnor@jonesfoster.com Subject: RE: O'Hare PRR suits Attachments: 1 HB0456-verified complaint ohare v gulf stream.pdf; 1 HD1477-ohare v gulf stream complaint 015380.PDF; 1HM8398-verified complaint enforce public records act 016864.pdf, 1 HP4759-verified complaint ohare 017717.PDF, 1 HR5588-complaint ohare 017793.PDF; 1H59181-OHARE 018093 VERIFIED COMPLAINT.pdf, 1HY8894-ohare verified complaint 018095.PDF; 1122666 -verified complaint.pdf, 1117442-ohare 018100 verified complaint.pdf,, 1125376-OHARE 018101 COMPLAINT .44.pdf First batch of complaint are attached. From: OConnor, Joanne M. Sent: Friday, August 26, 2016 2:59 PM To: 'Gelin, Lynn' Cc: Rustin, Janice; OConnor, Joanne M. (JOConnor@jonesfoster.com) Subject: RE: O'Hare PRR suits Attached is a list of cases showing the ones where Roeder has appeared and the ones where The OBoyle Law Firm has appeared. In some cases, they both appeared. Next, I will send you complaints in each of the cases in which Roeder has appeared. There are several. I will keep them in the order of the list. From: Gelin, Lynn[mailto:GelinL(almydelraybeach.coml Sent: Friday, August 26, 2016 1:48 PM To: OConnor, Joanne M. Cc: Rustin, Janice Subject: O'Hare PRR suits This message originated from outside your organization Hi Joanne. It was nice speaking with you today. As promised, attached please find Roedei's motion for attorney's fees and exhibits as well as the City's response. If you could forward to me any Complaints filed by either O'Hare or Roeder it would be much appreciated. In addition, could you provide me with the case law concerning the denial of fees after the request has been fulfilled? Thanks for all of your assistance. Safe travels! Lynn Gelin, Esq. Asst. City Attorney City of Delray Beach—Office of the City Attorney 200 N.W. 1" Avenue Delray Beach, FL 33444 Phone: (561) 243-7091 Fax: (561) 278-4755 www.mvdelraybeacli.com PUBLIC RECORDS NOTE. Florida has a very broad public records law. Mostwritten communication to or fmm local officials, employem, or the geoccal public regarding city business are public records available to the public and media upon requat. Your email commtmiatiom may therefore be subject to public disclosure. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL, CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CHRISTOPHER F. O'HARE, Plaintiff, V. CASE NO.: COPY RECEIVED FnR FILING TOWN OF GULF STREAM, OCT 0 2 2013 an.ynvrr 1,, •.,ter. Defendant. RK& COMPTROLLER VERIFIED COMPLAINT TO ENFORCE FLORIDA'S PUBLIC RECORDS ACT AND FOR DECLARATORY AND MONETARY RELIEF The Plaintiff, Christopher F O'Hare, ("Plaintiff'), without counsel as a Pro Se litigant, hereby sues the Town of Gulf Stream, ("Defendant" or the "Town"), and as grounds therefore alleges as follows: 1 This action concerns the Defendant's violation of Plaintiff's civil rights pursuant to Article I, Section 24 of the Florida Constitution and Chapter 119, Florida Statutes (2012), (the "Public Records Act") 2. This action seeks declaratory and monetary relief. 3. Specifically, Plaintiff seeks an order declaring the Defendant to be in breach of its constitutional) and statutory= duty to permit access to public records, and compelling the Note Article I Section 24, Fla Const. Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the slate, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution. This section specifically includes the legislative, executive, and judicial branches of govemment and each agency or department created thereunder; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution Note § 119 07(I)(a), Fla. Stat 1of17 Defendant to provide access to the requested public records and awarding Plaintiff his attorney's fees and costs. Additionally, Plaintiff requests this matter be expedited pursuant to Section 119.11 (1), Florida Statutesa. Jurisdiction and Venue 4.. This Court has subject matter jurisdiction pursuant to Article V, Section 5(b) of the Florida Constitution, and Section 119.11, Florida Statutes. 5. This Court has personal jurisdiction over the Defendant, because the Defendant is a public agency in Palm Beach County. 6, The causes of action in the instant case accrued in Palm Beach County; therefore, this Court is the appropriate venue for the vindication of Plaintiff's civil rights. The Parties 7. Plaintiff is a Florida citizen who resides in Palm Beach County. 8, Plaintiff is a "person" as that term is used in the Public Records Act. See § 119.07(1)(a), Fla. Stat •t 9. The Defendant is an "agency" pursuant to Section 119.011(2), Florida Statutes.5 Every person who has custody of public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, tinder reasonable conditions, and under supervision by the custodian of the public records. r Note § 119 11(1), Fla. Stat. Whenever an action is riled to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases. See Footnote 'T' ° Note § 119 011(2), Fla Stat. "Agency" means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity 2of17 10. The Defendant has a duty to permit the inspection, copying, and photography of Defendant's public records by any person desiring to do so, at a reasonable time, under reasonable conditions, and for reasonable costss. (Emphasis added). See § 119.07, Fla. Stat.; Art.. I, § 24, Fla. Const. Florida's Public Records Act 11. Florida's Public Records Act implements a right guaranteed to members of the public under the Florida Constitution and it therefore promotes "a state interest of the highest order." See NCAA tr. Associated Press, 18 So. 3d 1201, 1212 (1st DCA 2009)7. 12. The right of access to public records applies to "any public body, officer, or employee of the state, or persons acting on their behalf..." Art. I, § 24, Fla. Const.; see also § 119.011(2), acting on behalf 'ofany public agency "Note Government -In -The -Sunshine -Manual 2012 Edition, page 144 The term "reasonable conditions" as used ins 119 07(1)(a), F.S , "refers not to conditions which must be fulfilled before review is permitted but to reasonable regulations that would permit the custodian of records to protect them from alteration, damage, or destruction and also to ensure that the person reviewing the records is not subjected to physical constraints designed to preclude review " Wall v. Florida Prover d': Light Cornpanr5 372 So 2d 420, 425 (Fla 1979). See also Slate et rYl Davit v McMillan, 38 So. 666 (Fla. 1905); and Tribune Cornpatty v Cannella, 458 So. 2d 1075,1078 (Fla. 1984), appeal disrrrivwd tub train. DePerle v Tribune Conrpanv, 105 S.CL 2315 (1985) (the sole purpose of custodial supervision is to protect the records from alteration, damage, or destruction). Accordingly, the "reasonable conditions" do not include a rule or condition of inspection which operates to restrict or circumvent a person's right of access AGO 75-50. "The courts of Oris state have invalidated measures which seek to impose any additional burden on those seeking to exercise their rights to obtain records" under Ch. 119, F.S. Inf. Op. to Cook, May 27, 2011. And see State v. 111ebb. 786 So, 2d 602 (Fla. Ist DCA 2001) (requirement that persons wi0l custody of public records allow records to be examined "at any reasonable time, under reasonable conditions" is not unconstitutional as applied to public records custodian who was dilatory in responding to public records requests) 'Note NCAA v. Associated Press, 18 So 3d 1201, 1212 (1 st DCA 2009) We are not persuaded that the Public Records law has on indirect effect on interstate commerce, but even if some effect had been established, we could not say that the law violates the dormant Commerce Clause. The Public Records law implements a tight guaranteed to members of the public under the Florida Constitution and it therefore promotes a state interest of the highest order. The negligible impact the law might have an interstate commerce clearly does not outweigh the goal of ensuring open government 3of17 Fla. Stat 6 13. Under the Public Records Act, "[e]very person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records." See § 1 19.07(1)(a), Fla. Stat 0 14. Under the Public Records Act, "[alny person shall have the right of access to public records for the purpose of making photographs of the record..." See § 119.07(3)(a), Fla. Stat 10 15. Defendant, as an agency and custodian of records, has an obligation to provide any non-exempt public records for inspection, copying and photography upon request See § 119 07(1)(a)11, § 119.07(3)(x)1'-, Fla. Stat.; Art. 1, § 24, Fla. Const.la 16. If the Defendant, as an agency and custodian of records, believes that the content of the records, or any portion thereof, are exempt from inspection or disclosure, "shall state in writing and with particularity the reasons for the conclusion that the record is exempt or confidential," "including the statutory citation to an exemption created or afforded by statute." See § 119.07(1)(0, Fla. Stat 1-1 'See Footnote' 5" See Footnote' P' 10 Note § 119 07(3)(a), Fla. Stat. Any person shall have the right of access to public records for the purpose of making photographs of the record while such record is in the possession, custody, and control of the custodian of public records. See Footnote "?" See Footnote "10" See Footnote "I". 19Note§ 11907(1)(e -n, Fla Stat (e) If the person who has custody of a public record contends that all or part of the record is exempt fGom 4o[17 Factual Background 17. On Junel8, 2013 at 11:33 a m., Plaintiff, through his representative, submitted a public records request via e-mail to the custodian of records of the Town of Gulf Stream. 18 Specifically, Plaintiff sought to obtain: tnr and all Gulf Suetun per nnnerj;les fir Ojf;cer David S. Ginsberg Q%ficer •Va. iS', inc•lut int, but not limited to, any appliecuian fin enrployvinent with attaehnu'nts, hArorr of ernplgtanent, it livt of job gnulifieationv, educational hackgrouml, trahriu, records, performance reviews, disciplintu;p hearin, andhrr other related personnel actions. (the "Request") Said Request is attached hereto and specifically incorporated herein as Exhibit A. 19. Upon information and belief, most, if not all, of the requested records are maintained by the Town of Gulf Stream in electronic Form 20. On June 27, 2013, some 9 days later, Plaintiff received via telecopy a letter from Defendant, dated the same date, which stated the requested records were available, and that for a cost of $30.63, that the "actual cost [would] be assessed and payable at the time of pick up." The $30.64 incorporated an "estimated" $.30.64 charge for labor and $6.00 for "copies." Said telecopy letter is attached hereto and specifically incorporated herein as Exhibit B. 21. On or about.Iuly 8, 2013, O'Hare's representative paid under protest and retrieved the public records proffered by the Town. 22. It was clear from a review of the records provided by the Defendant to the Plaintiff that there was no record or mention of an "investigator's report" with regard to an accident inspection and copying, he or she shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute (f) If requested by the person seeking to inspect or copy the record, the custodian of public records shall state in writing and with particularity the reasons for the conclusion that the record is exempt or confidential. 5of17 between Officer Ginsberg and some cyclists on Al A in May, 2004 while Officer Ginsberg was on duty for the Town of Gulf Stream - as referenced in a May 14, 2004 Palm Beach Post article and a subsequent February 16, 2006 Palm Beach Post article Said articles are attached hereto and specifically incorporated herein as Exhibit C. 23. It was also clear from a review of the records provided by Defendant to the Plaintiff that portions had been redacted with whiteout This is partially evident given that portions of information within forms provided ate missing the information noted. However, there were no cites provided by the Defendant whatsoever as to what specific exemptions of Section 119, Florida Statutes, were being relied upon by Defendant to justify the redactions, nor were there any notations to mark which portions of the records had been redacted. 24. On July 18, 2013 at 2:24 p m., Plaintiff, through his representative, and wanting to "confirm that all requested information ha[d] been provided by the Town, and that other documentation was not accidentally or deliberately excluded or overlooked," submitted a follow- up public records request via e-mail to the custodian of records of the Town of Gulf Stream_ 25 Specifically, Plaintiff sought to obtain: Any and all Gttlf Snrttm perwirnel files for Officer David S. Ghnherg, Officer Vo. ?R', including, but not liutited it), any application ftn- entpinrurent with anaclunenh', hAtorP of employment, a list of joh qualifications, educational backgrorind, truinhgq records, performance reviews, disciplinary !learn{q andlor Other related personnel actianti, sttch as clahns complaints or notices to the Town relined to. or as it result of: his entplornaent with the Town. (Underlines were part of the actual public records request for emphasis J (the "Follow-up Request"). Said Follow-up Request is attached hereto and specifically incorporated herein as Exhibit D. 26. On July 31, 2013, some 13 days later, Plaintiff received via telecopy a letter from 6 of 17 Defendant, dated July 30, 2013, which stated that "all records originally requested, Officer Ginsberg's personnel file, have been provided to you." Said telecopy letter is attached hereto and specifically incorporated herein as Exhibit G. 27 On August 8, 2013 at 2:54 p.m., Plaintiff, through his representative, and wanting to "confirm [the Town] had provided all the relevant documents," and stating that we "believe[d] the [Town's] response of.June 27, 2013 and July 30, 2013 to be incomplete and non-responsive," submitted yet another follow-up public records request via a -mail to the custodian of records of the Town of Gulf Stream. 28. Specifically, Plaintiff souglit to obtain: I aI «nd nll GrrlJSlrentn personnel files Jor of/icer nand S. Gi«sbei,, OJ/ic•er V«. 737, inclnelhr ,, but not linriled t«, mn• «pplic•«ti«n_%«r ewp!«ynrent with atmchinenh, history q/ emplciptrtent, a list of foh qualUic•cttions, ednealional bac•%,rnrrnd, tt•etinin{, rec•orcls, performance reviews, IlAciplinarP hellrinq crud/or other related persannel «c•tiom, such as claims, coutulaints or notices t0 the Town related to, or as a result of,' his emplorment with the Town. AND Ani, and all GuIj Stream internal a1/itirs files, or mn• other police department files, includhgq a/l c•omplainn, whether sustained or not, pertainhng to or involvin, q%/icer David .S. Gitrsher,,, Of/icer No. 787. (Underlines were part of the actual public records request for emphasis.) (the "Second Follow-up Request") Said Second Follow-up Request is attached hereto and specifically incorporated herein as Exhibit F. 29. On August 22, 2013, some 14 days later, Plaintiff received via telecopy an automatic reply letter from Defendant, dated August 16, 2013, which stated that "[the Town's] staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond." Said telecopy letter is attached hereto and 7 of 17 specifically incorporated herein as Exhibit G. 30. On September 11, 2013, through a request to the Palm Beach County Records Division, Plaintiffs representative received a copy of an accident investigation report, or a Palm Beach County Sheriffs Office Offense Report, Case No. 04074624, authored by ail Investigator Scott Ratliff with the Palin Beach County's Sheriffs Office, regarding an accident between Officer Ginsberg and some cyclists on AIA, with the time of the accident being May 6, 2004 while Officer Ginsberg was on duty for lire Town of Gulf Stream. This is the same accident as referenced in a May 14, 2004 Palm Beach Post article and a subsequent February 16, 2006 Palm Beach Post article Said Offense Report is attached hereto and specifically incorporated herein as Exhibit H. 31. In the above referenced Offense Report, there is mention of a "comprehensive investigation" conducted by an Investigator David Murray with the Gulf Stream Police Department; yet there was still no mention of this investigation in Officer Ginsberg's personnel file, at least as to then supplied by the Defendant to the Plaintiff. 32. On September 12, Plaintiffs representative made yet another follow-up public records request via e-mail to Chief of Police Garrett Ward. 33, Specifically, Plaintiff sought to obtain: Town of Grtl(Stream Police Department Incident Reports filed drtring the months of April and May, 2004. (the "Third Follow-up Request"). Said Third Follow-up Request is attached hereto and specifically incorporated herein as Exhibit 1. 34. Finally, on September 24, 2013, some 12 days later, Plaintiff received via telecopy a reply letter from Defendant, the Town of Gulf Stream custodian of records, not Chief of Police Ward, dated September 22, 2013, which stated the records requested in the Plaintiffs Second Erow Follow-up Request of August 8, 2012, could be provided for a total cost of $1.65 "upon receipt of 24 hour advance notice to do so along with an acknowledgement that [Plaintiff] will pay the cost of $1.65 at the time [the records) are picked up." The $1.65 charge was for the cost of copying 1 1 single -sided pages at 5.15 per page. Said telecopy letter is attached hereto and specifically incorporated herein as Exhibit J. 35. On or about September 25, 2013, O'I tare's representative paid under protest and retrieved the public records proffered by the Town on September 22, 2013. 36. A review of the final records provided by the Defendant to the Plaintiff on September 25, 2013, some 97 days after Plaintiffs original public records Request, revealed a copy of Officer Murray's Incident Report of the May 6, 2004 accident between Officer Ginsberg and some cyclists on A I A, as well as a copy of the follow up investigation of the same May 6, 2004 accident as conducted by the Palm Beach Sheriffs Office, which found Officer Ginsberg partially responsible for the accident. Officer Murray's incident Report No. 04-0812 is attached hereto and specifically incorporated herein as Exhibit K. 37 A review of the final records provided by the Defendant to the Plaintiff on September 25, 2013 also revealed a letter from the Town's attorney, Scott Alexander, to the Florida League of Cities, hrc , regarding the Town's apparent insurance claim, noting that the case between Officer Ginsberg and the cyclist had been settled for $15,000 00. A copy of Mr, Alexander's letter is attached hereto and specifically incorporated herein as Exhibit L. 38. Upon information and belief, most, if not all, of the requested records referenced in Defendant's September 22, 2013 letter are maintained by the Town of Gulf Stream in electronic form. 9of17 Count I— Imposition of an Unlawful Fee 39. Plaintiff re -alleges and incorporates by reference paragraphs 1 through .38 as if fully alleged herein 40. The records being sought by Plaintiff are public records pursuant to Section 119.011(12)t�i, Florida Statutes. 41. Section 119 07(4), Florida Statutes states that "The custodian of public records shall furnish a copy of the record upon payment of the fee prescribed by law." 42. On June 27, 2013, the Defendant imposed a fee of $6.00 for copies in addition to a fee of $30.63 for labor; and again on September 24, 2013, the Defendant imposed a fee of $1.65 for copies. 43. The Defendant made it clear that Plaintiff would not be able to receive the requested records until the above quoted fees were paid. 44. Plaintiff requested the responsive documents be provided in electronic form and provided an E -Mail address for the response to be sent to. 45. Upon information and belief, most, if not all, of the requested records are maintained by the Defendant in electronic form 46. Section 119.01(2)(f), Florida Statutes provides, "An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium." 47. For electronic records, the agency may only charge the "actual cost of duplication." See, § 11907(4), Fla. Stat. (2012), Op. Att'y Gen Fla 2013-03 (2013). "Note § 119 011(12), Fla. Stat "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency 10 of 17 48. Section I I9.07(4)(d), Florida Statutes provides: If the nature or volume of public records requested to be inspected or copied pursuant to this subsection is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both. (emphasis added), 49 Section 119 011( f ), Florida Statutes provides that the actual cost of duplication "means the cost of the material and supplies used to duplicate the public record, but does not include labor cost or overhead cost associated with such duplication." 50 The actual cost of duplication of the requested records is substantially less than 53828 - the total of $36.63 assessed on .lune 27, 2013, and the $1 65 subsequently assessed on September 24, 2013. 51. Defendant has imposed an unlawful fee upon Plaintiff by billing Plaintiff for labor costs in addition to per page copy charges which exceed the actual cost of duplication, in contravention of the Public Records Act. 52 Additionally, upon information and belief, the $30.63 fee for labor is excessive and is not a reasonable estimate of Defendant's costs for reproducing the requested records. 53. For the reasons stated above, both the $36.63 and the $1.65 that was required by Defendant to satisfy the Town's supposed response to Plaintiffs Records Request constitutes the imposition of an unlawful fee in violation of the Public Records Act. 54. The Defendant's refusal to allow Plaintiff timely access to the requested public II of 17 records violates Article 1, Section 24(a) of the Florida Constitution, Section 119.07, Florida Statutes. 55. Violations of Section 119.07, Florida Statutes constitute an irreparable public injury"'. 56. Plaintiff has a clear legal right to insist upon the performance of the Defendant's duty to permit inspection, copying and photographing of public records. 57. Section 119.1 1(I), Florida Statutes requires this matter be set for an immediate hearing.17 58, All conditions precedent to this action have occurred or have been excused or waived. Count 11— Unlawful Withholding of Public Records - Unlawful Redaction 59. Plaintiff re -alleges and incorporates by reference paragraphs I through 58 as if fully alleged herein, 60. Defendant redacted a portion of the copy of the records provided to Plaintiff, by whiting out portions of the original when copying the record, as is apparent from the copy of the records as provided to Plaintiff. 61. Under Section 119.07(I)(e), Florida Statutes, if the custodian asserts an exemption to or all or a part of the record, "he or she shall state the basis of the exception that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute." " Note Donielv n Bolvon, 548 So 2d 679, 680 (Fla 3d DCA 1989) The impermissible withholding of documents otherwise required to be disclosed constitutes, in and of itself, irreparable injury to the person making the public records request. Since the purpose of Chapter 119 is to afford disclosure of information without delay to any member of the public making a request, nondisclosure prevents access to the information and is an injury not ordinarily compensable in damages. "See Footnote "3" 12 of 17 62 If there is a statutory exemption that applies to the requested public records, the Defendant has cited none 63. The Defendant's refusal to allow Plaintiff access to the requested but redacted public records violates Article I, Section 24(a)of the Florida Constitution and Section 119.07 of the Florida Statutes. 64 Violations of Section 119.07, Florida Statutes, constitute an irreparable public injuryts. 65. Plaintiff has a clear legal right to insist upon the performance of the Defendant's duty to permit inspection, copying and photocopying of public records,. 66. Section 119 1 1(1), Florida Statutes requires this matter be set for an immediate hearing. r n 67. All conditions precedent to this action have occurred or have been excused or waived Count III — Unlawful Withholding of Public Records - Electronic Format 68. Plaintiff re -alleges and incorporates by reference paragraphs 1 through 67 as if fully alleged herein. 69. The Plaintiff requested the responsive documents be provided in electronic form and provided an E -Mail address for the response to be sent to. 70. Upon information and belief, most, if not all, of the requested records are maintained by the Defendant in electronic form. 71. Defendant has refused to provide any of the requested documents in electronic form, despite the fact that the information requested is maintained electronically. "See Footnote "16" "See Footnote "3" 13 of 17 72. Section 119.01(2)(0, Florida Statutes provides, "An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium," 73. Defendant's refusal to provide the responsive documents in the medium requested is in violation of Section 119.01(2)(0. 74. The Defendant's refusal to allow Plaintiff timely access to the requested public records violates Article 1, Section 24(a) of the Florida Constitution, Section 119.07, Florida Statutes. 75. Violations of Section 119.07, Florida Statutes constitute an irreparable public injury"o. 76. Plaintiff has a clear legal right to insist upon the performance of the Defendant's duty to permit inspection, copying and photographing of public records. 77. Section 1 19.1 1(1), Florida Statutes requires this matter beset for an immediate heating."" -1 78. All conditions precedent to this action have occurred or have been excused or waived. Count 1V — Unlawful Withholding of Public Records - Automatic Delay 79. Plaintiff re -alleges and incorporates by reference paragraphs 1 through 78 as if fully alleged herein. 80. Defendant's use of their August 16, 2013 reply letter, wherein the Defendant stated that "(the Town's] staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond," constitutes the ''" See Footnote "16". '' See Footnote' ' 14 of 17 imposition of an automatic delay, which has no statutory basis and is, therefore, unlawful 22. Attorneys' Fees 81. The Public Record Act provides that "[i]f a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys' fees." See $119 12, Fla. Stat. 82, Plaintiff has retained counsel in this matter only for the limited purpose of assisting in the preparation of this complaint, however, he reserves the right to retain counsel in this matter for additional purposes and therefore asserts his statutory claim to attorney's fees and expenses for the preparation of this complaint and any additional purposes for which attorney's fees and expenses are incurred in this matter. Relief Requested WHEREFORE, Plaintiff prays this Court: (a) Set an immediate hearing pursuant to Section 119.1 I, Florida Statutes;23 (b) Declare that the Defendant's failure to provide Plaintiff with access to the requested public records was unconstitutional and unlawful under Article 1, Section 24 of See Tribune Co, v. Cannella, 458 So 2d 1075 (Fla., 1984) "We hold that no automatic delay is permitted "and "an automatic delay, no matter how short, impermissibly interferes with the public's right, restrained only by the physical problems involved in retrieving [lie records and protecting them, to examine the records The legislature has placed the books on the table; only it has the power to alter that situation" Ser also Cranski v. City of Alachua, 31 So 3d 193 (Fla. App, 2010); See also Rechler v. Town of Mamianan, No CL 94.2724 AD (Fla 15th Cir. Ct November 21, 1994), ajjb7ned, 674 So 2d 789, 790 (Fla 4th DCA 1996), review denied. 684 So 2d 1353 (Fla. 1996); See also State v. Webb, 786 So 2d 602 (Fla. App„ 2001) See Footnote "3" 15 of 17 the Florida Constitution''-'" and the Public Records Act'' -s (c) Order the Defendant to produce copies of all the requested records (upon payment of the statutorily authorized fees); (d) Order the Defendant to provide copies of all the requested records to Plaintiff in electronic format ( for the records that are so maintained); (e) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this action, as provided in Section 119.12, Florida Statutes;=tt and (f) Grant such further relief as the Court deems proper Dated: C0 - 1 , 2013 'a See Footnote "I" "See Footnote "T' "See Verified Complaint at "S 1 " Respectfully submitted, PREPARED WITH ASSISTANCE OF COUNSEL O'HARE, as Pro Se Christopher F.`Q',l'Irare 2520 Avenue Au Soleil Gulf Stream, FL. 33483 Telephone: (561) 350-7551 pineed(cdemail.com 16 of 17 VERIFICATION STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared Christopher F. O'Hare, who, being first duly identified and sworn, deposes and says that this VERIFIED COMPLAINT is based on records and information known to him, and are true and correct to the best of hi kdo vledge, information, and belief. By: Name: Christopher F. O'Hare STATE OF FLORIDA ) )SS COUNTY OF PALM BEACH ) Sworn to, affirmed, and subscribed before me this_day of .r, 2013, by Christopher F. O'Hare. Please indicate: Personally Known: ZOR Type of Identification Produced: NOTARY PUBLIC STATE OF FLORIDA Sign: 1'(/�i ` Print: (lf7fl �. dgfff -�(lJ (SEAL) �. ME%PMHESSIONY I�D2014 r,,''."v 6,4.4,r �S�9dwxy Seun <ovnp0 Produced Identification: 17 of 17 EXIBHIT "A" Louis L. Roeder, Esq. 7414 Sparkling Lake Rd Orlando, FL, 32819 407-352-4194 cell 407.7584194 lou(3i louroeder core Delivered via E -Mail June 18, 2013 Rita Taylor Town Clerk TOWN OF GULF STREAM 100 Sea Road Gulf Stream, FL, 33483 Re: Public Records Request 2520 Avenue An Soleil, Gulf Stream, FL Subject: Personnel File on Officer David S. Ginsberg, Officer No. 787 Dear Rita: Pursuant to the Public Records Act, Chapter 119 of the Florida Statutes, I am herewith making a public records request for copies of the following items: Airy and all Gulf Streann personnel files, for Officer David S. Ginsberg, Officer No. 787, including, but not limited to, any application far eniployinent nvith attachments, history of employment, a list ofjob qualifications, educational background, training records, performance reviews, disciplinary hearing and/or other related personnel actions. If you refuse to provide this information, Chapter 119 requires that you advise me in writing and indicate the applicable exemption to tire Public Records Act. Also, please state with particularity the reasons for your decision, as required by Section 119.07(2)(x). If the exemption you are claiming only applies to a portion of the records, please delete or redact that portion and provide photocopies of the remainder of the records, according to Section 119.07(2)(a).. If you can provide an estimate of the cost of duplication, I would appreciate it. If acceptable, I will pay the actual cost of duplication as defined in Section 119.07(1)(a). However, if you anticipate that in order to satisfy this request, "extensive use" of information technology resources or extensive clerical or supervisory assistance as defined in Section 119.07(1)(b) will be required, please provide a written estimate and justification. I would ask that you provide all the above requested records no later than this coming MONDAY, JUNE 25, 2013. If you have any questions or need more information in order to expedite this request, please call me at my cell phone at 407-758-4194. Letter to Rita Taylor Public Records Request June 18, 2013 Page 2 of 2 Respectfully, Louis L. Roeder, Esq CC. Chris O'Hare EXIBHIT "B" 5617370166 Fax 10:01: 10a m 06-27-2013 ill COMMISSIONERS JOAN K.ORTWMN, May., THOMAS M. STANLEY, N¢ "or MURIEEJ.ANUUMN W. GARRETTOERING ROSEm W.GANGER Date June 27, 2013 Louis L. Roeder, Esq. 7414 Sparkling lake Rd. Orlando, FL 32819 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Via Fax 4 1-866-610-6090 Telephone (SG7)276.5116 FAA (551)777.0180 Town Manager WIWAM H.THRASHER Town Clark RRALTAYLOR This is to advise that the estimated per copy charge for your Public Record Request p E is $6.00 Plqs labor 1k hr $30.63 Total 36.63. Please advise in writing if you want the copy/copies. The actual cost will be assessed and payable at the time of pick up. Your order will be available after written confirmation is received. /C_ L�— 1, Rita L. Tay lo Town Clerk 100 SEA RoAD, GULF STREAM, FLORIDA 33483 =;. r Bicyclists say officer caused crash with them 1311/cg61III 1/Iter./1tdin Ile, fLhPoHf Iaff III ifer 1•1iclak. \Int Id. tow 61. 1.1 iTIt 1 \\I — 1 toM it I%,Ike ,II' I allegally mnled hi; April car into the path of uncomin;_ hicycli;r; Ina geek. tendim! lira or :ie rider; to the prom)d in it [an elc of IhillI-dull:It racing hikr: as the. ;Waned to oacn a crash. tides: ehtnged'Ihur,da% paramedics ncaicd se\ oral cyclic; at the xene lift badly scinped skin. and one. %I alk ItIthu%km. %I a., taken III Bedusda "IenI,III Il I11ospital I?\rocatnnent AwextenFike road lashand hack pain. doe cydias cosi (:roll Stream police C hie I l:iancn 11 and ;nid mulct police agency MaS cnndaain_:m int CSiii1ali 111 into the incidem I le elitl he could nut emir mem limher The eyclists trete spinning south abmg \ I \ %then. the% Srq it patrol cat hending north ahrupdy it le 11 in limo o1 -lead rider John TY kgomino V leocino :aid he ;%%cued m the ;ide and :n oided a eolhsion %%iIll the IN) Iice Lm, hill the hack riders couIdWi pel oil; of thea u% in time \hour )a riders pai take in doe I%%icc-acekly ride Imo Spanish Ri%et IDoule%amf It the Ititr-Car Ian [IM 01. and hack aurin e\cn 1'uesda% and'I'lutrsdak c%etimg \Inst ride %%ith n ,ami-pu%tessional team sptwsoaed by \I \111:1. 1s rhe% ahcelcd south ihnmgh Gulf Stream Inst neck in a sinule-life line tile% %%ee'soing:u a prem _mod dip.' \1 \111'1 taus number lell'Fleming said —ahout .1111111111 '1 he posed speed limit is 35 mph 'lis a good doing no other ens uec around." D' \gostinu. a IJoea Raton icsidem, said "11, prery hind at knock us oll our hikes \Ce usuall% call MOW things like that - Fleming had scrapes, hmaises and a sprained a ria and Itidgeuay adno likes in Biwa R.mon. is undergnimt physical therapy 16 1, neck and hack pain. the cyehsts' ;it mma\. It ]a% Daszka1. said'I htit sd:n. Dasakal said he; preparing to file it claim against the officer. whose triune has not been teleased.:uul dee Im%n ill' (:iull'Sueum Fleming said he plans to file o flim» ad citizen's Complaint against the omegr C%clists claim it',, not the ritsi time ollieers in Chill Sucam and other small amstal cities hate Imtnssed them Patrol eats hake eat them 1111 behkrc slm%ing duan in litim ill tile pack. then speeding tip again 13ut this a as ilia lust rime aurone uas hon liostilily halt%ccn eyclists ;Intl residems along the oeaurliont hi_haay has been fennening as the state Department o1'Trtmporunion de%elops plans t0 build hike Innes on pints oflhe mad from Boca Raton to Palm Beach Ciull Stream residents and of tUals are adamantly opposed m M ideating the mad. Milch %%ends through the roan under ;I auuapy of \usuolinl pines 1 he in\ asi\ c trees me protected in Ci ill'stream by it state lac. M hich %% ill also paekeu rr)6r hum uideuing the mad ilea The} feel that the police department in (hill'Suaun 1111.1 a bad attitude and treats them poorly." Da,zkal said "'I-hc team lecls like the limn halasses them, dues 1101 uelconlC then and does not pmpci I% protect them in their rights an a late toad meghar—meyer@tpbpost com Gulf Stream, FI cyclists settle over pileup Quote I Reply PaimBeachPost.com By Chuck McGinness Palm Beach Post Staff Writer Thursday, February 16, 2006 Two bicyclists who were hurt after they say a Gulf Stream police officer cut them off while they were riding along State Road AIA, causing a roadside pileup, have settled a lawsuit, with each receiving $15,000. Cyclists Mark Ridgeway and Jeff Fleming sued the town after the May 2004 Incident, which left a tangle of custom racing bikes on the side of the road Ridgeway, who was Injured the most seriously, also received a new top-of- the-line Italian bike worth more than $7,000, "My objective was not to get a big settlement, It was more to make a statement that what he did was wrong and accept responsibility that he was at fault," Fleming said Wednesday. But Guir Stream Police Chler Garrett Ward said he stands by an Investigator's report that found both the cyclists and officer David Ginsberg contributed to the accident. Ward had no further comment, Mayor William Koch said he was not familiar enough with the settlement to discuss it. Ridgeway and Fleming were part of a group of 30 cyclists heading south on ALA during a training ride when Ginsberg, who was driving northbound, abruptly tumed left in front of them. The cyclists were unable to stop and crashed Into each other. Palm Beach County sheriffs investigator Scott Ratliff found that both Ginsberg and the bikers were partially at fault and there was no reason to file charges. Ginsberg thought that he had enough mom to make the tum safely, but it would have been reasonable for him to stop and yield to the cyclists, Ratliff wrote in a report. If Ginsberg had collided with the bikers, he would have been In violation of a state statute against making a left tum in front of approaching traffic. The bike riders broke a state law against following too closely, the Investigator said. But attorney Alex Daszkal, whose Deerfield Beach firm represented Ridgeway and Fleming, said the bikers did nothing wrong by riding in tight, single -file formation along ALA as a training exercise. The lead riders block the wind, allowing the riders behind them to draft "It's nothing new to motorists and especially the traffic cop that bicyclists are out there day after day," Deszkal said. Cyclists have complained that police in Gulf Stream and other small coastal towns harass them and do not protect their rights to be on the road Gulf Stream leaders have fought plans to build bike lanes or 3 -foot paved shoulders along ALA Several groups are pushing for more consistent enforcement of laws requiring drivers and bicyclists to share roads throughout the county The Florida Bicycle Association and the Safe Bicycling Coalition of Palm Beach County are working with the county's taw Enforcement Planning Council to develop a two- to three-hour training program about cycling laws for police officers. The association also Is working on a plan to step up education among bike clubs. John D'Agosbno, who was the lead rider in the bike pack on the day of the incident, said police lately have not been as aggressive toward cyclists as they have been in the past But D'Agostino said he Is concerned about what might happen in a few weeks when his team resumes twice -weekly rides along ALA. "There's a general ill will toward cyclists, unfortunately, from police and the general public," Fleming said "Some people just don't want to share the mad" EXIBHIT "D" Louis L. Roeder, Esq. 7414 Sparkling Lakc Rd Orlando, FL. 32819 407-352-4194 cell 407.7584194 lou©lourocdercom Delivered via E -Mail .July 18, 2013 Rita Taylor Town Clerk TOWN OF GULF STREAM 100 Sea Road Gulf Stream, FL. 33483 Re: Public Records Request 2520 Avenue An Soleil, Gulf Stream, FL Subject: Personnel File on Officer David S. Ginsberg, Officer No. 787 Dear Rita: This letter is a follow up the above described Public Records Request - originally made on June 18, 2013, and subsequently responded to by the Town on July 6, 2013. We need to confirm that all requested information Inas been provided by the Town, and that other documentation was not accidentally or deliberately excluded or overlooked. Pursuant to the Public Records Act, Chapter 119 of the Florida Statutes, I would ask that you please confirm that you have provided: Any and a!l GiilfStremu personnel files for Officer David S. Ginsberg, Officer No. 787, including, but not limited to, any application for euiplaynient ivith attachments, history of etuployuient, a list ofjob qualifications, educational background, training records, performance reviews, disciplinary hearing andlor other related persomiel actions, slick as claims, complaints or notices to the Town related to, or as a result of his employment with the Town. If you refuse to provide this information, Chapter 119 requires that you advise me in writing and indicate the applicable exemption to the Public Records Act, Also, please state with particularity the reasons for your decision, as required by Section I I9.07(2)(a). If the exemption you are claiming only applies to a portion of the records, please delete or redact that portion and provide photocopies of the remainder of the records, according to Section I I9.07(2)(a). If you can provide an estimate of the cost of duplication, I would appreciate it. If acceptable, I will pay the actual cost of duplication as defined in Section I I9.07(1)(a). However, if you anticipate that in order to satisfy this request, "extensive use" of information technology resources or extensive clerical or supervisory assistance as defined in Section I I9.07(1)(b) will be required, please provide a written estimate and justification. Letter to Rita Taylor Public Records Request July 18, 2013 Page 2 of 2 I would ask that you provide all the above requested records no later than this coming THURSDAY, JULY 25.2013. If you have any questions or need more information in order to expedite this request, please call me at my cell phone at 407-758-4194. Respectfully, Louis L.. Roeder, Esq. CC. Chris O'Hare EXIBHIT ■vEvv 5617370188 Fax TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS JOAN K. OMWON, Mayor THOMAS M. STANEEY, Na Mayor MORIELLAIIOERSON W. GARRETT OERING RORERTW GANGER July 30, 2013 Louis Roeder, Esq. 7414 Sparkling Lake Rd Orlando, FL 32819 Dear Counselor: 07:52:19 a m 07-31-2013 Telephone )561) 27&5115 Fax (551) 7374186 Town Manager WILLIAM H. THRASHER Town Clerk RRA L. TAYLOR Via Fax 1-866-610-6090 This is in reply to a follow up to your original Public Records Request dated June 18, 2013, Item "E". All records originally requested, Officer Ginsberg's personnel file, have been provided to you. The Officers Social Security Number, address and phone number were redacted. Very truly yours, /(?N�A /r` Rita L. Taylor Town Clerk n EXIBHIT ■vFvv Louis L. Roeder, Esq. 7414 Sparkling Lake Rd Orlando, FL 32819 407-3524194 cell 407-75B-4194 lou@aouroeder cam Delivered via E -Mail August 8, 2013 Rita Taylor Town Clerk TOWN OF GULF STREAM 100 Sea Road Gulf Stream, FL 33483 Re: Public Records Request 2520 Avenue Au Soleil, Gulf Stream, FL Subject: Personnel File on Officer David S. Ginsberg, Officer No. 787 Dear Rita: This letter is a follow up to a Public Records Request previously sent to you regarding Officer David S. Ginsberg, dated June 18, 2013. You responded on June 27, 2013 that all requested Files had been provided. I sent another Public Records Request on July 18, 2013 asking that you confirm you had provided all the relevant documents, emphasizing the records we desired. You again responded on July 30, 2013 claiming again that all requested records had been provided (copies of all above referenced correspondence are allached). I believe your response of lune 27, 2013 and July 30, 2013 to be incomplete and non-responsive. As such, pursuant to the Public Records Act, Chapter 119 of the Florida Statutes, i am herewith restating my public records request for copies of the following items: 1. A n v and all Gulf Stream personnel files for Officer David S. Ginsberg, Officer No. 787, iincltidinrg, bill not limited to, any application for employment with attachments, history of employment, a list ofjob qualifications, educational background, training records, perforarance reviews, disciplinary !rearing and/or other related personnel actions, such as claims complaints or notices to the Town related to, or as a result of. his employment with the Town. 2. Amp and all Gulf Stream internal affairsfiles, orally other police department files, including all complaints, whether sitstained or not. pertaining to or involving Officer David S. Ginsberg, Officer No. 787. If you refuse to provide this information, Chapter 119 requires that you advise me in writing and indicate the applicable exemption to the Public Records Act. Also, please state with particularity the reasons for your decision, as required by Section 119.07(2)(a). If the exemption you are claiming only applies to a portion of the records, please delete or redact that portion and provide a list of the remainder of the records, according to Section 119.07(2)(a). Letter to Rita Taylor Public Records Request August 8, 2013 Page 2 of 2 As allowed under Section 119.01(2)(0, it is requested that this Records Request be fulfilled in electronic form and sent by e-mail delivery. If you cannot e-mail digital files, a data transfer device, such as a flash drive, will be provided. If not available in electronic form, it is requested that that any copies provided in response to this Record Request be two sided. Ifyou can provide said list of the above requested documents, my client could then decide which documents Ire wished to have duplicated. We could then submit that to you for an estimate of the cost of duplicating the documents he desires. If acceptable, he is willing to pay the actual cost of duplication as defined in Section I I9.07(I)(a). However, if you anticipate that in order to produce the list requested, "extensive use" of information technology resources or extensive clerical or supervisory assistance as defined in Section I I9.07(1)(b) will be required, we would ask that you please provide a written estimate and justification. If the requested records are not all readily available, 1 will accept them piecemeal. I request that whichever records are readily available be provided to me immediately; and those other records be provided to me as soon as possible. If you have any questions or need more information in order to expedite this request, please call me at my cell phone at 407-758-4194. Respectfully, Louis L. Roeder, Esq. CC. Chris O'Hare EXIBHIT "G" Rug 22 2013 7:53RM Louis L. Roeder, III 407-286-0856 page 1 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA August 16, 2013 Louis L. Roeder, Esq. 7414 SpasklingILake Rd, Orlando, FL 32819 Dear Counselor: Re: Intake of Public Records Request Follow Up for Personnel File on Officer Ginsberg (2520 Avenue Au Solail) The Town of Gulf Stream has received your"P.bblic Records Request Follow Up dated August 8, 2013. if your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. Our staff will review your request within the next three buEiines days, and we will promptly send you the appropriate response or an estimated coat to respond. Sincerely,__ - Rita L. Taylor Town Clerk Encl. 100 SEA ROAD, GULF STReAm, FLORIDA 33483 Telephone COMMISSIONERS (691)2n-0115 Fe[ JOAN L OBTHWUN, Meier 0 (Bei) 797-0105 THOMAS M.STANUTARM FA#"r Tom Manager MURMLLJN15111 01/ WILLIAM H. THRASHER W.OARRETT OWUNG Tom Clark ROBERT A CANCER RITA L. TAri.Oq August 16, 2013 Louis L. Roeder, Esq. 7414 SpasklingILake Rd, Orlando, FL 32819 Dear Counselor: Re: Intake of Public Records Request Follow Up for Personnel File on Officer Ginsberg (2520 Avenue Au Solail) The Town of Gulf Stream has received your"P.bblic Records Request Follow Up dated August 8, 2013. if your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. Our staff will review your request within the next three buEiines days, and we will promptly send you the appropriate response or an estimated coat to respond. Sincerely,__ - Rita L. Taylor Town Clerk Encl. 100 SEA ROAD, GULF STReAm, FLORIDA 33483 CENTRALPECOPAS PaSE 01/85 09/11:°013 15:27 5616683164 Pate 1 of OQS - Viewing Case Number 04074624 6r - PAL H ££ A C C C 0'11;T Y 5 B E RIFF' S O F FYCX PAGE 1' CASE BO. Of076fi6:4 0F F£ N S E R E P O R T - CASE NO. D8b?-d'624 DISPOSITIOrt ZULU DIPISION: TRAMC ASSIST To ANCTHER DEPT. • • • . SIGNAL CODE: 7e- ' CRINM CODE: NON CRIME CODE: AD CODE: 9575 06/01%09 TUESDAY -.C=E: GSI GRID: GULF DEPUTI I -D,: 6183 TAH-! RATLIFF SCOTT ASSISTt 44 F�m D 2213 A 2213 C 2213 OCCURRED BETWEEN DATE: 05/11/04 . ISIS BOURG ANO DATE: 06/01/04 , IAOD HWiN EXCEPTION TYPI, AD APT. Nei.: —nc=ENT LOCATION: 246 SFJ. CITY: DOLPSTREAH STATECM ZIP: POLICE AGENCY ASSISTED: GOLrSTPZXM NO. Drkti u_ -V: uu NO.. OErx8UV": 00 NOVUE1 3 SNLEN: 0 No. rStLtSSB !]!'_GRED• 0 LOCATIOPt HIGHWAY I ROADWAY N0. VICTIY9: 00 NO ARRESTED! D FORCED Hr=l 0 . NA`R LIST: ROLE: OTHER JPSPiLSY. A PI.ElD'17G DCA: 12/05/1961 SEX! H RACE: W HT: 604 WT: TBD PR: BROWN EYE: BROW RESIDENTIAL ADDRESS: 21695 19R100T OR BOG BATON FL 33420 BUSINESS PN01R: 561 000-0000 CMMR HAM RIDGE= DOB: 04/27/1960 SPS: H RACE: N HT: 500 NT: 2X0 CR: BROWN EYE: BROW RE820ta:T•*+ ADDRGBE: 1013D NCG NTN¢ DR DCCA RNMON m 33400 BUSINCSS PRONE: 561 C00-0000 OMER JOHN A DAGOSTINO DOB; 03/05/1960 SEX: H RACE: W RT! 509 Wr: 157 HR: BROWN =: GREEN RESIDENTIAL ADDRESS: 436 PRARIE Ras LA BOCA RATON FL 33437 BUSINESS PHOT; 561 000-0000 -- •.-. ROLS: OTHER ROLE NO. 1 •IOSSO- zA3T FIRSI M DOZD J/S A/9 Wn REAL... GINSSERG DAVID N H SGT: 5 O6 WGT: ISO RAIR! EYES: •¢➢DRESS• NO STRP£T Srx DIR :.PTO CITY ST IIP aVS1t.2Ss 246 SCP. RD CULFSTREAH Z 00000 N@L PBCNE:561 4'7-1569 pCf2 PPOI u:bES ]1]-5:11 SOME PE=:561 445.79<5 p-.04ad hp Ltployaw :4 /: ]557 m SppHlmDEG 11, 2013 04;17l22FX btto://oqs.pbso,org%inde-c.cfm?fa=dspCase&fromrec--I&-srbta=bb38ed64S9cOlbfc-OEAA9... 9/3 1 /2013 09/11i2018 15:27 5616883164 CEWTRALRECORDS PAGE 02105 OQS - Viewing Case Number 04074624 Page 2 of 5 PALM BRACE COUNTY S H ERTFF' S OFFICE PAGE 2 645E NO: OCDYG624 O F F E N S E A E P O R TDZ5209$TIONt' CASE:. Nb. 'U'8b!6M4 -PHONE 6s+ "070 000 0000 ROLE: On= vGTz :.AST nrsL.... 6EcsvrJEG +ADDPXSS+ NO. StRr=- HO.'T.... h949 CACrx CAI •PHONE 6S. ROHL (954) 570 674.7 OTHER 000 coca FIRST MIDDLE ALEX srX DIR APTH LA O!ZHER 000 DDDR REPORT NOV M% L FLORIDA VICTIM 7 N WJ.TDDC: CLEAR PHOTOS TH1CN BY ... .... .... IHV RATLIFF 66793 DDSLI,TSS (5611 278 6611 J/S R/S Oba R M CITY ST EIV COCONVI CP1Sx FL cocoa P11sxWr3s (5EI1 000 0000 Ort ! 111 2004, Y PDUPCSOCD rD O'OLL'DTR 4 VOLICD DOL:. LocxT RT 246 SEA ROAD, GULFSTREAH, sLORIOA Ill REGARD To A FORHIJ. REQUEsr FOR ASSISTANCE. UPON RHRIVAL, I MET WITH CHIEF GARRETT WIRD. CRIEF WARD ADVISED CN mi 6, 2001, OFFICER DAVID OINSRERG. OF RIS AGENCY WAS ACCUSED OP CAUSING AN INCIDENT vRICB RESULTED IN THE INJURY OF SEVERAL CYCLISTS. ACCOROING __ I9 CHIEF-SD1H1D;-0FF2�...GINSHERGWAR-AETOAV9dG TOTHE POLICD DEPT. IACf�TID ON SEA ROAD WHEN SE TURNED LEFT IN FRONT OF SEVERAL CYCLISTS. AS LLE TRAVELED IN TRE WDSTERI.I DIRECTION ON SEA ROAD, OFFICER GINSBERZ OBSERVED 5EVSRAL CICLI8r8 LYING IN TBC NOADNAY WITBLN 38E INTERSECTION DY NCRTB OCEAN BLVD. AND SEA ROAD. OFFICER, CINSBERG NOT© THIS ®S¢AVAILON AFTER GLANCING INTO HIS VEBICLE'S RFARVTLR MIRROR- IAV39TIGATOR DAVID MCRRAY OF THE GULFSTF£AM POLICE DEPT, CONDUCTED A COMPREHENSIVE INVESTIGATION.. THE INJURED PARTIES ALIECSD OFFICFJ7 f_TNC7Y1ve TTLT6DfTIONATLY fArT D YUC INCIDENT WHICH RESULTED IN SEVERAL. CYCLISTS COLLIDING INTO EACH CT:HER. AT APPROX. 4150 PM, I CONDUCTED AN INFORTAS INTERVIEW OF OFFICER rXNMMG AT THE SO= OF TEE LVDIDrNT, OFFICEN CINSBL'RG DESCRIBED TBH EVENTS OE MAY 6, 2004. F -+_need by Cd I: 057 n Srfem m 11. 2013 http:l/ogs.pbso.orglindes.cfm?fa=dspC,ase&fromrec=l &srhta=bb38cd64S9cOlbfe-OEAA9 .. 9111/2013' 09/11/2013 15:27 5616883164 CEN7RALRECORDS PAGE 03/05 OQS - Viewing Case Nnmber 04074624 Page 3 of 5 PALM BEACH COUNTY SHERIFF' S O PFI C E PAGE 3 Wk ac. 64074HU4 O F F E•N s E R E P O R I CASE Nb. tfa8i,ds2a DISMSITIUM: DULU ACCORDING TO OFFICER GINSBERG, HE WAS TRAVELISG NORTHBOUND ON NORTH OCHAN BLUD., WHEN HE APPROACHED TIO[ INTERSECTION OF BEA ROAD. HE STATED HE ==O cW PREPARATION or inYSNc Ass:" HAND T- ONTO TPE TN=RPPcTzmc RCA➢WA.Y. 'EUATeEA HE ADVISED It OHSERVED'SEVERAL CYCISTS TRAVELING SOUIHBOIM ON NORTH DCEPX BLVD. 'ACCORDING TO OFFICER GD193CA4, THE CTCLISTS $,'REE RIDING FOUR ABREAST WITHIN THE SOUTHBOUE.9 LANE. OFFICER 032159ERG. WAS ABLE TO INDICAYC THE GENERAL AREA OF TEE CICSSTS WHEN EE FIRST OBSERN✓•dD TIEtd. TSIS AREA MJSH?= LPFROr. 150* FEET NORTH OF THE niTERSECIIMN OF SEA ROAD. IT WAS OFFICER. GINSBERG '9 OPINION TEAT THE CYCLISTS WERE FAA ENOUGH AWAY FOR HTN TO SAFELY TURN 08'-0 SEA ROAD .•Fit ADAFAY_"LT DENIES TURNING INTO THEIR PATH TO INTENTIDIQA7J.T CAUSE A COLLISzDN: OFFicrB CMEPPOG OTATED DE NA.0 UtLSO101 TO ==OIATGLY ZOO= TON Ur= OF TUD CYCLTBTS DOE TO THEIA POSITICHING. IN G452NG, HE FELT RE HAD SUFFICIENT TIME TO SAFELY MAIM HIS TURN ON TO SEA ROAD. FOLLOWING OUR COSVER9ATION, I CCNISUCTED A COISpACHENSIVE l499He9lQINC OF THE INCIDENT SCENE. AN A=ESSFSRT OF THE LOCATION REIICAZED NO 119TSICAL EVIDENCE AFSATLVF. TO THE INCIDENT.- HOWEVER I WAS eRTO TMD OBSERVE A CURVATURE OF TILS' ROADWAY NOT PREVIOUSLY DOCUMENTED BY INVESTIGATOR FRIPFAY. THE RCWDEAY IN THE ARRA OF THE INCIDENT CURVES IP A WESTERLY DIRECTION WITH A RADIUS 0£ 1,363 FEET. FURTHER THE ROADWAY IS GENERAMLT LEVEL WLTH NO DISCEPIVIELZ C 4 UA VUFOR Ei.LVAVIM. TER IA•TNNN ANY g STERN SNOULOXRS OF THE ROAD;MX AM CM![FRlcon OF VARIOUS LANDSCAPYNG. THIS INITIAL OBSERVATION OP THE ROADWAY CRABACTSRISTICS MAY ACCOUNT FOR OFFICER GINSRERG'9 IRABILITY TO ACCURATELY JUDGE THE SPEED OF THE APFAOACNTNG CYCLISTS. ALTHOUGH IT CAN NOT BR OETEA111NETf WITR CART)47 r T Tm:muTTC nrvrcvm G-1432 RG PAILHD TO CONSIDER THE CUP.VATURS OF TRE ROADWAY WHHN JUGGING THE SPEED OF THE CYCLISTS. AS REFLECTED IN INVESTIGATOR NITRAAY'S REPORT, HE DOCI =r= THAT THE CYCLISTS WERE TRAVELING AT APPROX. 30 TO 32 NPH WITNESS, ALEX REMIANDEE, LATER CONFIRMED THIS FINDING. DURING AN IE@ORSDIL TELEPHONE INTERVIEW, Fat. REMAND= STATED HE WAS RIDING WITH THE -GROUP -OF 30'-TO"40"CYCLIBI'9 AST THE INCIDENT OCCURRED. NE ADVISED RE.. . WAS POSITIONED SECOND IN THE GROUP AHEAD OF THE OTHER SIDERS WHEN RE OBSERVED OFFICER GINSBERG TURN LEFT ON TO SEA ROAD. FURTHER HE STATED HE LAS ANLE TO TAIM EIIAATVE ACTION THUD AV®I11C A CCM.IYDTCN L n TIM TURImm VESICLE. ACCORDam TO 1St. HERNANDEZ, rVE GROUP WAS RIDING VERY CLOSELY TOGETHER TRAINING FOR AN UPCOMING CYCLING EV21M tat, HIANUDEE EXPLAIE® THE IIDERJ TO THE REAR OF HIS POSITION WERE UNABLE TO IMMEDIATELY SLOW THUS RESULTING TH THE ENSUING CVEXT. F=XnWING THE INCIDENT, Sat. HERNANDEZ STA.'1CD HE CONFRONTED OFFICER GINSBERG. AS THE TRO CONVERBED, HE CLAn15 OFFICER'GINSREAG STATED, "g' TO44 WOULDN'T RAVE RIT TEE BRArMS, ICOTBnlG WOULD RAVE HAPPLTIEO-. IN CLOSING, HE FELT THE ACTIONS OF OFFICER p-3aead by Dwle v Zd 1: BS57 ea Svpt=bl - 11, 2013 0,:17:5 http://ogs.pbso.org/index.cfm?fa=dspCase&fromrcc--1 Lisrbta-bb38ed6489cOl bfc-OEAA9... 9/11/2013 09!1112013 15:37 5616853164 CENTRALRECORDS PGCE 04!05 uQs - Viewing Case Number 04074634 Paec 4 of 5 P ALK REACH COUNTY S NE RI FF' 9 OFFICE PAGE C. CARE It. OED7 SE2Q O F F H N S E P E P O R T tg:ft tr). "07.4624 " DISPOSITIDN: TOLD GINSGERC WERE NOT INIENTIORAL AND THA^_ EE 9I1 -21T KISJUDGED THE SPSTD OF THE "PROACB'-`R; CYCLISTS, AN, INIVRMAt. =LEPHONC SNTERvIEW at- WSI1:E39 JUHN OROGSTI o, Rs„ sa, HE WAS POSITIOISD IN THE I=, OF THE GROUP WHEN SE OBSERVZ6 OFFICER. GINSBERC TUPx ON TO SEA ROAD. FURTEER FH ESTABLISHED YOU! VEHICLE DPEOWTED BI O?FTCER GINSBERG SLOWED TO APPROX. 5 T0,10 MPH SWORE CO.`L-STT-NG TO TEE , TTT)U/. ACCOROTNr TO MA, OAMOSTIND. S TO 7 CYCLIDTB HERE SATE TO T)O¢ EVASIVE, ACTION BY SVr.RvlNO TO THE LEFT IHTD THE OPPOSAIG ZANE. IN CLOSTNG, :T WAS HIS DPINIOK TRE CYGZSTE WE.Tc APPROx. SO FEET FPLM TEE lVTERSECTION WRL'Y OFIZCER GINSSERG =WITS&= EIS TUPx. DURING TRIS IUQITISY, SEVEFAL ATTESSPTB WERE MADE TO ASCERTAIXT ISE EVESTS FROM THE PERSPECTIVE OF DH:DER ARA AND JEFF FLEKXNC HUT TO DO AVT,=. AUDZTXVTU% .T, YJIPA RIOGEWAY REFRAM.,D FROM PRO1=11IG INFORMATION ON THE ADVICE OF HIS ATTORNEY, FFJU: D"MM. , BASED ON TRE AVATLAHLE INFOU TION, COUPLED WITS TRE VARIOUS nr"T�11' VIEWS TRE FOLLOWING CORCLTISIORS ARE HADE CONCERNING THIS L)CIDENT. THE VMNDIN= 9OCCFST OLTTCER CMHM2AC f 6F30= TRO V=CD or TRS APPROACNIWC CYCIIRTO TRIS COM9I1W WZTB'IIZS OWN INDICATICH OF THE DISTANCE OF RIB VEHICLE TO THE APPRCACRING CTCLISTS INFERS THERE NAY HAVE HEM INSUFFICIENT TIME FOR Elt! TO SAFELY TURN OIT TO SEA ROAD. AITHOUSH HE WS9 ABLE TO TORR ON TO THE INTZR3ECTiKG ROAOWAT WITHOUT COLLIDING WITH THE CYCLISTS IT WOULD OWE RECN REASONABLE TO STOP AND TZELD TO THE ONCO=;G TRAFFIC. THERE IS NO INFCPMATIMq TO INITIATE THE ACTIONS OF OFFICER GZNSBERG WERE INTENTIONAL. THEREFORE IT IS DETERSNED IF A CCLLISIOK RAD OCCURRED BZTWELRT OFFICER GINSBERG'S VE9ICLE AND TSE ONCOMING CYCLISTS, OFFICER GINSBERO WOULD HA% -E HEM IN VIOZATSON or PDC 310.L22, LDrT T IW FRONT Or A n0ACD11TG TDAFLTC. AODITTCImMx THE FINDIHOS SUGGEST THE CYCLISTS INCLUDING JEFF nLmcuTG, MAAN RIDGERAT, AND EHIDER ARANGO HERE =I ADHERING TO FSS 316.0895 (1), FOLLOWT=G TOO CLOSELI. DESPITE THEIR OPERATION OF BICYCLES, THIS StAME $TAM= CLEARLY ESTARI.ISHES THE RHQUIRZ=lTS OF MOTOR VESICLES TO MAIN--AMN A SAYE FOLLOWING DISTANCE„ MER FSS 316.2065, BICYCLE 3EGULATIOS9, _. _....... _.. _._..... .. __. IT STATES EVERYPERSON PROPELLING A VESICLE a% nmol PCL^siT gm ALL of THE RICH79 AND AIL OF TOM DUTIES APPLICABLE TO TILS DRIVER OF ATO[ OTHER VEHICLE UNDER THE CHAPTER. THEREFORE NAD TRE CYCLISTS SCEN IN COMPLIANCE WITS TEm REU�l OF FOS 310.0090 (1), eC1.L _,G TOO CL S] X, AN 1NC1LCN1 MAY SAVE HECK AVOIDABLE. ALTHOUGH OFFICER GINSBERG S=ZZZD THE CYCLISTS WERE RIDING FOUR ABREAST TEERE IS NO OTHER INDEPMOMM INFOSHAMICN TO CONFIRM THIS OCCURRENCE.. BOTH PARTIES INVOLVED HAV2 CONTRADICTORY INORHAT:CN CONCERNING THIS ISSUA, THE CYCISRTS Cf.TtrrND THEY WCRW RT)1INC IN SINGLE FILE. IN CONCLUSION, :T 29 SUGGESTED THAT BOTH OFFICER =SBERG AND TRE CYCLTSTS CONTRIBUTED TO THE CIRCUt TANC29 RESULTING IN _'HIS ENCIDMUT. »....... _._._..__.... _._................ __._. _. ... ...prvd byr Zgtl�.._._ ....__.......... _. ,........_.,_..04t1 rg o ttl /: SBS: m Gwprem�r S1, 201] OQ;IV:]]PE http://ogs.pbso,orc /index.cfrn?fa-dspCasc&fromrer-1&srhta--bb3Scd6439o01bfe-0$AA9... 9/11/3013 09/11/2013 15:27 5616883164 CEN RALRECORDS PAGE 65/05 UQS - Vim ing Case Number 04074624 Page 5 of 5 P A L M R E A C H C O O N T Y H H V P. I S F' 5 0 P F I C E PACE 5 CA34 NO. �d0 4620 0'P FENS E REPORT CRSS NO. 0402661 oIBPOYl'f1aN: :OLu ' DCS TO TRfi MASSSFiCATiON OF THIS-NCXD=T, NO CRARGES ARE RECDIDWMfi0. THIS nWTRY IS IMTMY COMPLETE. THE AFOREM:NTIO?TM INL MTIOH RILL 9E PONiOlRb= TO TRC C47N PVAM M1T•:T RT>TC ATTMA .114 MF Tin MR nMTRCR REV2P:,i. - INP PATLIFF 46753 ' DICT 6/3/04 AT 1110 PM • TRANS 6/4/04/RC -.r_._. -.-.- _ Pr=ed by 1=}+1eYe4 Id 11 8557 ev Saptt be :1, 5013 04:17:22PM Itttp:l,ogs.pbso org%index.cfrn?fa=dspCase&fromrec=l&srbts=bb38cd6489c01bfe-OEAA9... 9/11/2013 EXIBHIT WTV Louis L. Roeder, Esq. 7414 Sparkling Lake Rd Orlando, Fl, 32819 407-352-4194 cell 407-7584194 lau@laurocdercom Delivered via E -Mail September 12, 7013 Garrett Ward Chief of Police TOWN OF GULF STREAM 246 Sea Road Gulf Stream, FL 33483 Re: Public Records Request 2520 Avenue Au Soleil, Gulf Stream, FL Subject: Incident Reports - April Sc May, 2004 Dear Rita: Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes (Public Records Act), and on behalf of my client, Christopher O'Hare, I am herewith making a Public Records Request for copies of the following records: Torun of Guo Stream Police Department Incident Reports filed during the months of April and May, 1004. Picasc take note oQ 119.07(c) Florida Statutes and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make it gond faith effort 14illch "includes making retlsonable en'uns 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 ant, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis If the public records being sought are maintained by your agency in an electronic format. please produce the records in the original electronic format in which they were created or received See a 119 042)(17). Florida Statutes Ifthe requested documents in electronic format are too large to e-mail to me. then a data transfer device, such as a flash drive, will be provided. Only in the case where the requested records are not available in electronic format, it is requested that that any documents provided in response to this Record Request be copied two-sided.. If you contend that any of the records I ran seekim,. or any portion thereof. are exempt from inspection or disclosure, please cite the specific exemption as required by § 199.07(l)(e) of the Florida Statutes and state in writing. and lvith particularity, the basis for your conclusions as required by § 1 19.07(1)1 f) of the Florida Statutes. If the exemption you are claiming only applies Letter to Garrett Ward Public Records Request September l2, 2013 Page 2 of 2 to a portion of the records, please delete or redact that portion and provide the remainder of the records, according to § 119.07(2)(a). If the requested records are not all readily available, I will accept them piecemeal. i request that whichever records are readily available be provided to me immediately; and those other records be provided to me as soon as possible. If you anticipate the production ofthese public records to exceed SI .00. please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize amv estimates so as to indicate the total number of pines and or records. as well us to distinguish the cost of labor and materials All responses to this public records request should be made in n tiling to the li llot� inL email address: loutu lourocder.conr If you have any questions or need more information in order to expedite this request, please call me at my cell phone at 407-758-4194. Respectfully, r Louis L. Roeder, Esq. CC. Chris O'Hare �% . . 3 < > 5617370188 Fax 11:44:42a m 09-24-2013 tli TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS JOAN H. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W GARRETT OERING ROBERTW.GANGER DONNA 5, WHITE September 22, 2013 Louis Roeder, Esq. 7414 Sparkling Lake Rd. Orlando, FL 32814 Telephone (561)776.5116 Fax (561)7370188 Town Manager WILLIAM H. THRASHER Town Clork RITA L TAYLOR Re: Public Records Request Personnel File an Officer David S. Ginsberg Follow Up Dated August 8, 2013 adding Item #2. Dear Counselor: On July 30, 2013 I advised that all records originally requested have been provided to you, and that Officer Ginsberg's Social Security Number, address and phone number were redacted. With regard to Item X12. added in your follow up request dated Afagust 8, 2013, there are 11, 8'x11 single sided pages at $0.15 each to be provided for a total of $1.65. We will commence production of these upon receipt of 24 hour advance notice to do so along with an acknowledgement that you will pay the cost of $1.65 at the time they are picked up. Sincerely, Rita L. Taylor Town Clerk EXI BH I'T OvKvv MOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS JOAN N. ORTH W EIN, Mayor THOMASM STANLEY, VIcr-Mayor W, GARRETT OERING ROBERT W.GANGER DONNA S. WHITE September 25, 2013 Louis Roeder, Esq. 7414 Sparkling Lake Rd. Orlando, FL 32819 Telephone 1561)4763116 Fae (561)7]7-0166 Town Hanger WILLIAM H. THRASHER Town Clerk RITA L TAYLOR Re: Completion of Public Records Request -Personnel Pile on Officer David S. Ginsberg Follow Up Dated August 8, 2013 adding Item 12 Dear Counselor: The Town of Gulf Stream has completed its response to your public records request detailed above. All responsive documents are enclosed. If you believe that you need additional information, please let us know. Sincerely, �� Rita L. Taylor(i Town Clerk 100 SEA ROAD. 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IIIL iAFU 1.11 ML -NI LUNk II INI- I)l?oulI 11161 WLLt- LL- FLN?WA RIiP.0 IIJ IIIL• I'AI.M I:L,:1..1'I I LlUrlli Si 11,,11 111 IL'IU7L.Y !, Lll I II.F. I LII! I ILJVI1'ILit REVLLU. Ir1V RA I LIEF tt, UJ IJLt:I •5/J/V4 AI L L 1U 11 IRF%Nb 6:4,,04/Alt ARTHUR A. SALLAH PRESIDENT 9 1701 E AtLnm 11W., A, Pomp no 1kah. FL 3301. (954) 942.8970 a Fax (954) 942-LI691 Toll Free ('800.831.5591 p1�•.IO4.,. �S,H',ERIrFF S OFFI,'CE— — EDW -WD W BIECUCK S. (ERIFF . INVESTIGATOR SCOTT A. RATUFF, #6783 VEHICLE HOMICIDE INVESTIGATIONS DvTRIPT VI =s Gun Cua Rcad Prcne: (SWIM -37D0 Vint Ptlm Baech, FLM41',Wal Vola MaR (881)888.3ae2 hap jtv Pbo arg Fax (Sat)aa11-3729 r sH,FR�FF=sOFFMf EDWARD W. BI£LUCH, SHERIFF SGT. JOHN CHURCHILL DISTRICT VI VEHICULAR HOMICIDE/TRAFFIC Phone 15611 688.3672 Fax: 15631 688.3728 Emmh churchilligpbao orb 3228 Gun Club Road, Well Palm Beach, Florida 33486.3001 hltp'I/vnsw.pbao Dig EXIBHIT "L" LAW OFFICES JOHNSON, ANSFUNIO, MURDOCH, BURKE, PIPER &•i•'ICDt'FF, P.A. A PROFESSIONAL ASSOCIATION SCOTTO AI.VAICER. PA FINSRTE MURDOCH LUCHAELT BURIE•1 NES EAST SUNRISE BOULEVARD UICHAELR PIPER. PA JONATHAN F. CLAUSSEN SUITE IDOO WILLIAAI E. PLATON CAROLYN A EVAN FCFTLAUDERCALE. FL3300: JEREUY A. SCHINDER ERM E GILL DAVID U SCHW EIGER. PA JEFFREY L HOCHU?N P A rAALARA IA. scRUDDERs• E BRUCE JOtINSON . {OSJI 4E3.0IDD BIPA'A'!. CHRISTOPHER L SMITH RICHARD WCUFF PA 130514+5'2000 -Dale CINDY WILLPUS _.... _.. _.. TELECOPIER I95114E3.2444 amlA •tatAfuM¢R!:uL nIu a+Hn RLLO P RGELAIO BURL •Auaa!uN'aP ,ret,:fu�•Ila: BURF GEORGE January 25, 2006 Ms. Carol Hamrick Florida League of Cities, Inc. PO Box 538135 Orlando, FL 32853-8135 Re: Flemine. Jeff vs. Town of Gul f Stream DOL: 516!04 Claim k: VA2004051436-S09 Our File ;: 640125059 Dcar CJs. Hamrick: The above -referenced matter was settled fors 15,000.00 representing full and final settlement. I have submitted the necessary settlement documents to Plaintiff for his review and execution Ihave also requested the IRS W-9 form to be executed by Plaintiff's counsel and upon receipt will submit same to you. At that time, l will request a draft made payable to "Jeff Fleming and his attorneys, "Goldman, Daszkal. Cutler, Bolton & Kirby" in the amount of S 15,000.00.. We will continue to keep you advised. Yours veerryy truly, Scott D. Alexander For the Firm SDAlcy cc Rita Taylor, Town Clerk IN THE CIRCUIT COURT OF THE FIFTEENTHJUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CHRISTOPHER F. O'HARE, Plaintiff, V. TOWN OF GULF STREAM, Defendant. 502013 CA 0 16 8 64XXXXMR CASE NO..: VERIFIED COMPLAINT TO ENFORCE FLORIDA'S PUBLIC RECORDS ACT AND FOR DECLARATORY, INJUNCTIVE AND MONETARY RELIEF The Plaintiff, Christopher F, O'Hare, ("Plaintiff'), without counsel as a Pro Se litigant, hereby sues the Town of Gulf Stream, ("Defendant" or the "Town"), and as grounds therefore alleges as follows: I This action concems the Defendant's violation of Plaintiffs civil rights pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119, Florida Statutes (2012), (the "Public Records Act") 2. This action seeks declaratory, injunctive and monetary relief. 3. Specifically, Plaintiff seeks an order declaring the Defendant to be in breach of its constitutional' and statutory'- duty to permit access to public records, and compelling the Note Article I Section 24, Fla. Const Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the stale, or persons acting on theirbehalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution This section specifically includes the legislative, executive, andjudicial branches of government and each agency or department created thereunder; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution. 1 of 21 Defendant to provide access to the requested public records, enjoining the Defendant from denying access to public records, and awarding Plaintiff attorney's fees and costs. Additionally, Plaintiff requests this matter be expedited pursuant to Section 119.11(1), Florida Statutess. Jurisdiction and Venue 4 This Court has subject matter jurisdiction pursuant to Article V, Section 5(b) of the Florida Constitution, and Section 119.11, Florida Statutes. 5 This Court has per' sonal.jurisdiction over the Defendant, because the Defendant is a public agency in Palm Beach County. G. The causes of action in the instant case accrued in Palm Beach County; therefore, this Court is the appropriate venue for the vindication of Plaintiffs civil rights. The Parties 7. Plaintiff is a Florida citizen who resides in Patin Beach County. S. Plaintiff is a "person" as that terns is used in the Public Records Act, ,See § I I9.07(1)(a), Fla. Slat 9. The Defendant is an "agency" pursuant to Section 119.011(2), Florida Statutes.s Note § 119 07(I)(a), Fla. Slat Every person who his custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records. 'Note § 119 11(1), Fla Stab Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases ' See Footnote "2" s Nole § 119 011(2), Fla Slat. "Agency" means any stale, county, district, authority, or municipal officer, depai Intent, division, board, bureau, commission, or other separate unit of government created or established by law including, for the 2of21 10. The Defendant has a duty to permit the inspection, copying, and photography of Defendant's public records by rani, person desiring to do so, at a reasonable time, under reasonable conditions, and for reasonable costs6. (Emphasis added) See § 119.07, Fla. Stat; Art, I, § 24, Fla. Const. Florida's Public Records Act 11. Florida's Public Records Act implements a right guaranteed to members of the public under the Florida Constitution and it therefore promotes "a state interest of the highest order." See NC11f1 v. flssociated Press, 18 So. 3d 1201, 1212 (1 st DCA 2009)7. 12. The right of access to public records applies to "any public body, officer, or employee of the state, or persons acting on their behalf....." Art. I, § 24, Fla Const.; see also § 119 011(2), purposes of this chapter, the Comunission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. Note Government -iii -The -Sunshine -Manual 2012 Edition, page 144, The term "reasonable conditions" as used in s. 119.07(I)(a), F S ,'refers not to conditions which must be fulfilled before review is permitted but to reasonable regulations that would permit the custodian of records to protect them from alteration, damage, or destruction and also to ensure that the person reviewing lire records is not subjected to physical constraints designed to preclude review " Wait v Alar ida Power & Light Compatnt 372 So. 2d 420, 425 (Fla 1979) See also State er rel Davis v McMillan. 38 So. 666 (Fla 1905); and Tr ibnae Companv v Cannella, 458 So 2d 1075, 1078 (Fla 1984), appeal diindssed sub nom, DePerte v Tribune Coatpanv, 105 S.G. 2315 (1985) (the sole purpose of custodial supervision is to protect the records from alteration, damage, or destruction) Accordingly, the "reasonable conditions" do not include a rule or condition of inspection which operates to restrict or circumvent a person's right of access AGO 75.50 "The courts of this slate have invalidated measures which seek to impose any additional burden on those seeking to exercise their rights to obtain records" under Ch 119, F S Inf Op to Cook, May 27, 2011 .Ind see State v 11,ebb, 786 So 2d 602 (Fla Ist DCA 200 1) (requirement that persons with custody of public records allow records to be examined "at any reasonable time, under reasonable conditions" is not unconstitutional as applied to public records custodian who was dilatory in responding to public records requests). 'Note NCAA v. Associated Press, 18 So 3d 1201, 1212 (1st DCA 2009) We are not persuaded that the Public Records law has an indirect effect on interstate commerce, but even if some effect had been established, we could not say that the law violates the dormant Commerce Clause The Public Records law implements a right guaianteed to members of the public under the Florida Constitution and it therefore promotes a state interest of the highest order The negligible impact the law might have on interstate commerce clearly does not outweigh the goal of ensuring open government 3 of 21 Fla. Stats 13. Under the Public Records Act, "[e]very person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records." See § 119.07(1)(a), Fla. Stats 14. Under the Public Records Act, "[a]ny person shall have the right of access to public records for the purpose of malting photographs of the record..." See § 119.07(3)(a), Fla, Stat.10 15. Defendant, as an agency and custodian of records, has an obligation to provide any non-exempt public records for inspection, copying and photography upon request. See § 119.07(1)(a)11, § 119.07(3)(a)1'-, Fla. Stat.; Art. 1, § 24, Fla. Const 13 Factual Background A. Plaintiff's Public Records Request for the Town's Code of Ordinances 16 On August S, 2013 at 3:57 p.m., Plaintiff, through his representative, submitted a public records request via e-mail to the custodian of records of the Town of Gulf Stream. 17, Specifically, Plaintiff sought to obtain: A complete and updated copy of the Code of Ordinances for, the Town of GrdfStream, FL ".See Footnote's" ' See Footnote" ' 11) Note § 119 07(3)(a), Fla Star. Any person shall have the righl of access to public records for the purpose of making photographs of tire record while such record is in the possession, custody, and control of the custodian of public records See Footnote' 2" 1' See Footnote"10" See Footnote "I" 4of21 (the "Code Request"). Said Code Request is attached hereto and specifically incorporated herein as Exhibit A. 18. Two days after receipt of the Code Request, on August 10, 2013, Defendant sent a letter to Plaintiff via US Mail, received August 13, 2013, stating in relevant part: Our Staff will review your request within the [next] three business days, and we will promptly send you the appropriate response or an estimated cost to respond. (the "Initial Code Response"). Said Initial Code Response is attached hereto and specifically incorporated herein as Exhibit B 19. Having never received the requested copy of the Code of Ordinances from Defendant, or any other response, on August 22, 2013 at 2:16 p.m , Plaintiff, through his representative, sent an e-mail to Defendant (the "Code Follow -Up E-mail) inquiring of the status of the Code Request and attaching a copy of the Code Request and the Initial Code Response. Said Follow - Up Code E -Mail is attached hereto and specifically incorporated herein as Exhibit C. 20. On September 1, 2013 at 12:50 p.m., 24 days after the Defendant received the Code Request, Defendant sent a letter to Plaintiff via telecopy and dated August 31, 2013, refusing to provide a copy of Defendant's Code of Ordinances in electronic format (the "Second Code Response"). Said Second Code Response is attached hereto and specifically incorporated herein as Exhibit D. 21. Upon information and belief, the requested records are maintained by the Defendant in electronic form - as evidenced by a Professional Services Quotation Sheet and invoice from a Municipal Code Corporation to the Town of Gulf Stream, said Quotation and Invoice dated August 10, 2012, attached hereto and specifically incorporated herein as Exhibit E 22. Additionally, the Second Code Response stated that a hard copy of the requested 5 of 21 Code of Ordinances would only be made available to Plaintiff within 48 hours of Plaintiff agreeing to pay a fee of $50,34. 23. The aforesaid fee of $50.34 was based on the sum of 64 one-sided copies at $0.15 each, 203 two-sided copies at $0.20 each, and I 11x17 copy at $0.08. 24. On October 24, 2013 at 2:48 p.m, some 77 days after the Defendant received Plaintiffs Code Request, Defendant sent a letter to Plaintiff via telecopy finally offering "to supply the Code on a thumb drive (in electronic forrnat] at a cost of $5.00, which is the cost of the thumb drive" (the "Third Code Response"). Said Third Code Response is attached hereto and specifically incorporated herein as Exhibit F. B. Plaintiffs Public Records Requests for E -Mail Addresses Created or Received by the Town and for the Town's Contract and Most Recent Invoice for IT Services 25. On August 27, 2013 at 5:07 AM, Plaintiff submitted a public records request via e- mail to the custodian of records of the Town of Gulf Stream, 26. Specifically, Plaintiff sought to obtain: All a -mail addresses created or received by the Tonin of Ga J Stream, FL (the "E -Mail Addresses Request") Said E -Mail Addresses Request is attached hereto and incorporated herein as Exhibit G. 27. Two days after receipt of the E -Mail Addresses Request, on August 29, 2013, Defendant seat an e-mail letter to Plaintiff, received the same date, stating in relevant part: The Town of Gulf Stream requests clarification what will determine the number of hours that will be required to respond to your request, specifically: All e-mail addresses created or received by the Torre of GuU Sh'eam over what tine fr'aore? 6of21 To produce the documents that you have requested, the Town of Gulf Stream anticipates the need to use information Technology support, which is billed to the town at a rate of $95.00 per hour. Please clarify the above request and the Town of Gulf Stream will review your request within three business days, and will promptly send you an estimated cost to respond. The Town of Gulf Stream will proceed with fulfilling your request only after payment of any estimate. (the "Initial E -Mail Addresses Response"). Said Initial E -Mail Addresses Response is attached hereto and incorporated herein as Exhibit H. 28. On August 30, 2013 at 10:14 AM, Plaintiff sent an e-mail to Defendant (the "E -Mail Addresses Follow -Up E-mail) clarifying his original E -Mail Addresses Request, stating in part: Please provide the information requested in the original Public Records Request. Said E -Mail Addresses Follow -Up E -Mail is attached hereto and incorporated herein as Exhibit 1. 29. On September 5, 2013, 8 days after the Defendant received the E -Mail Addresses Request, Defendant sent another e-mail letter (the "Second E -Mail Addresses Response") to Plaintiff stating: The Town of Gulf Stream requests clarification that will determine the number of hours that will be required to respond to your request, specifically: All a -nail addresses created or received by the Town of Girl/Stream oyer what time frame? To produce the documents that you have requested, the Town of Gulf Stream anticipates the need to use Information Technology support, which is billed to the town at the rate of'$95.00 per hour.. Without responsive clarification to your request, which 7of21 will help the Town proceed in fulfilling your request, we will consider this matter closed. The Town of Gulf Stream is prepared to provide you an estimate and to respond to your request, but without clarification as to the time frame of your request, we cannot provide an accurate estimate for the extensive use of information technology or move forward in fulfilling your request. Please clarify the above request as indicated and the Town of Gulf Stream will review your clarification within three business days, and will then promptly send you an estimated cost to respond. The Town of Gulf Stream will proceed with fulfilling your request only after payment of any estimate. Said Second E -Mail Addresses Response is attached hereto and incorporated herein as Exhibit J. 30. On September G, 2013 at 4:27 PM, Plaintiff sent an e-mail to Defendant (the "Second E -Mail Addresses Follow -Up E-mail') clarifying his original E -Mail Addresses Request, stating in part: The original Public Records Request is for: All e- mail addresses created or, received b}r the Town of GidfSiream. The original Public Records Request did not request specific e-mail communications. Nor did it request any e-mail communications made during a specific time period. The original Public Records Request clearly asks for information contained in the Public Record. Therefore, additional response to your request for responsive clarification is not offered. This is the third request for the Public Record. Please note the full content of the original Public Record Request and respond accordingly. Said Second E -Mail Addresses Follow -Up E-mail is attached hereto and incorporated herein as Exhibit K 8 of 21 31.On September 10, 2013, 13 days after the Defendant received the E -Mail Addresses Request, Defendant sent yet another e-mail letter (the "Third E -Mail Addresses Response") to Plaintiff stating: .-[t]he Town of Gulf Stream now understands that your request includes all e-mail addresses created or received by the Town of Gulf Stream, with no limitation as to time frame. To produce the documents that you have requested, the Town of Gulf Stream anticipates the need for 4 (four) hours for extensive use of information technology resources as described in Fla. Stat. § 119.07(4)(d). Information Technology support is billed to the Town of Gulf Stream at the rate of $95.00 per hour. Based on the above figures, the Town of Gulf'Stream estimates your request will cost $380 to fulfill (four hours at a rate of $95 per hour). Please let us know in writing whether to proceed with the production of this request and the Town of Gulf Stream will act promptly to produce your requested documents after payment of any estimate. Said Third E -Mail Addresses Response is attached hereto and incorporated herein as Exhibit L. 32. On September 12, 2013 at 10:17 AM, some 15 days after Plaintiffs original public records request, and again on September 23, 2013 at 9:15 PM, Plaintiff sent e-mails to Defendant (the "IT Contract E -Mail") outlining a second Public Records Request to the Town of Gulf Stream, specifically requesting the following records: Contract and most recent invoice for IT consultant providing services to chief administrator or agency [of the Town of Gulf Stream], Said IT Contract E -Mail are attached hereto and incorporated herein as composite Exhibit M. 33 As of the date of this complaint, some 78 days after Plaintiffs original public records 9 of 21 request and some 63 days after Plaintiffs second public records request, Plaintiff has received no response from the Defendant pertaining to the second public records request, and Plaintiff has not received the requested documents for either public records request. General Allegations Common to All Counts 34. Plaintiff requested the responsive documents for each of the public records requests described herein be provided in electronic fomi and provided an E -Mail address to whom the response was to be sent. 35 Upon infonnation and belief, all of the requested public records are maintained by Defendant in electronic form. All of the records being sought by Plaintiff are public records pursuant to Section 119.011(12)1", Florida Statutes. 36 There is no statutory exemption that applies to any of the requested public records and the Defendant has cited none. 37 Violations of Section 119.07, Florida Statutes constitute an irreparable public injuryrs. 33. Plaintiff has a clear legal right to insist upon the performance of the Defendant's duty to permit inspection, copying and photographing of public records '' Note § 119,011(l 2), Fla Stu. "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, chmactcristics, or means of transmission, made at received pursuant to law or ordinance or in connection with the transaction of official business by any agency Note Daniels v Bryson, 549 So 2d 679, 630 (Fla 3d DCA 1939) The impermissible withholding of documents othenvise required to be disclosed constitutes, in and of itself, irreparable injury to the person making the public records request. Since the purpose of Chapter 119 is to afford disclosure of information without delay to any member of the public making a request, nondisclosure prevents access to the information and is an injury not ordinarily compensable in damages. 10 of 21 39 Section 119.11 (1), Florida Statutes requires this matter beset for an immediate heating 16 40, Each of the records requested by the Plaintiff are public records that are readily accessible to Defendant. 41. All conditions precedent to this action have occurred or have been excused or waived. 42. Defendant's actions with respect to the public records requests discussed herein and in other public record requests made by Plaintiff and other parties, demonstrate a pattern of noncompliance with the Public Records Act and also a likelihood of future violations such that injunctive relief is appropriate Count I — Unlawful Withholding of Public Records: Unreasonable Delay for the Production of the Town's Code of Ordinances in Electronic Form 43 Plaintiff re -alleges and incorporates by reference paragraphs t through 42 as if fully alleged herein. 44 The Defendant's refusal to allow Plaintiff to inspect the requested public records violates Article I, Section 24(a) of the Florida Constitution, Section 119 07(1)(a), Florida Statutes' 7 and is inconsistent with well-established case law's it See Footnote "3" "See Footnote "2 " See Bell v. Kendrick 6 So 868 (Fla 1889) (public records belong "to the public office and not to the officer See also Stale ex .rel. Davidson v. Couch 156 So 297 (Fla. 1934); See also City of Gainesville v. State ex. rel. International Association of Fire Fiebters Local No. 2137 298 So.2d 478 (1 sl DCA 1974) (records that "are made by a city employee in the normal course of conducting the city's business are materials which are open to the citizens of this state for inspection "); See also Slate ex rel Veale v. City of Boca Raton 353 So. 2d 1194 (Fla. 4111 DCA 1977) (the Public Records Act "requires the public official with custody of a public record to disclose it to any member of the public, including the media, who wishes to inspect it Non -disclosure is permitted only if there is an exemption provided" by statute); See also News -Press Publishina Co. v. Gadd, 388 So, 2d 276, 278 (Fla. 2d DCA 1980) ("Absent a statutory exemption, a court is not free to consider public policy questions regarding the relative significance of the public's interest in disclosure and the damage to an individual or institution resulting from such disclosure ") I l of 21 45, Section 119.01(2)(f), Florida Statutes provides, "An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium." 46 "The only delay permitted by the Act is the limited reasonable time allowed the custodian to retrieve the record and delete those portions of the record the custodian asserts are exempt." Tribune Co. v Cannella, 458 So. 2d 1075, 1079 (Fla. 1984). 47 Despite Plaintiffs repeated insistence on obtaining a copy of the Town's Code of Ordinances in electronic form, the first time that the Defendant offered to provide the same under any tenns was in its Third Code Response, dated October 24, 2013, some 77 days after the Defendant received Plaintiffs Code Request. 48 The above described 77 day delay is unreasonable and in violation of the Public Records Act. Count 11— Unlawful Withholding of Public Records: Unreasonable Delay for the Production of E -Mail Addresses Created or Received by the Town 49. Plaintiff re -alleges and incorporates by reference paragraphs 1 through 48 as if fully alleged herein. 50. The Defendant's refusal to allow Plaintiff to inspect the requested public records violates Article 1, Section 24(a) of the Florida Constitution, Section 119.07(1)(a), Florida Stahrtesra and is inconsistent with well-established case law20. 51 "The only delay permitted by the Act is the limited reasonable time allowed the custodian to retrieve the record and delete those portions of the record the custodian asserts are exempt." Ti ihune Co v Cannella, 458 So, 2d 1075, 1079 (Fla. 1984). " See Footnote 'T' ''" See Footnote "19" 12 of 21 52. Despite Plaintiffs insistence on obtaining a copy of all e-mail addresses created or received by the Defendant, the first time that the Defendant offered to provide the same under any terms was in its Third E -Mail Addresses Response, dated September 10, 2013, some 13 days after the Defendant received Plaintiffs E -Mail Addresses Request, 53. The above described 13 day delay did not involve any time required to actually produce the requested public records, but only the time expended by the Defendant to provide assert a fee, which it demanded that Plaintiff pay in order to have access to the records 54 The above described 13 day delay is unreasonable and in violation of the Public Records Act. Count III — Unlawful Witlrholdine of Public Records: Unreasonable Delay for the Production of the Town's Contract and Most Recent Invoice for IT Services 55 Plaintiff re -alleges and incorporates by reference paragraphs I through 54 as if fully alleged herein. 56 The Defendant's refusal to allow Plaintiff to inspect the requested public records violates Article 1, Section 24(a) of the Florida Constitution, Section l 19.07(1)(a), Florida Statutes'' -r and is inconsistent with well-established case law'-"- 57. "The only delay permitted by the Act is the limited reasonable time allowed the custodian to retrieve the record and delete those portions of the record the custodian asserts are exempt." Tribune Cc v. Cannella, 458 So. 2d 1075, 1079 (Fla. 1984). 58, Despite Plaintiffs September 12, 2013 written public records request for the "Contract and most recent invoice for IT consultant providing services to chief administrator or' 't See Footnote 'T' 2222 See Footnote "19" 13 of 21 agency [of Defendant]," the Defendant has not provided same, nor has it provided any response whatsoever to that request, 59. As of the date of this complaint, 64 days have passed since the Plaintiff made this public records request in the Third Follow -Up E -Mail. 60. The above described 64 -day delay is unreasonable and in violation of the Public. Records Act. Count IV — Unlawful Withholdine of Public Records: Refusal to Produce the Town's Code of Ordinances in Electronic Form 61. Plaintiff re -alleges and incorporates by reference paragraphs 1 through 60 as if fully alleged herein. 62 The Defendant's refusal to allow Plaintiff to inspect the requested public records violates Article 1, Section 24(a) of the Florida Constitution, Section 119.07(1)(a), Florida Statutes23 and is inconsistent with well-established case law'' -a, 63, Section 119.01(2)(f), Florida Statutes provides, "An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium." 64 Defendant refused to provide the requested records in electronic form from the time that the Code Request was made until the time that Plaintiff received the Third Code Response, some 77 days later. 65 Defendant's refusal to provide the requested records to Plaintiff in electronic form was a violation of the Public Records Act, and Defendant's lateroffer to provide the records in electronic form does not cure the Defendant's failure to provide such records at a reasonable time 2' See Foolnole "2". 24 See Foolnole "19" 14 of 21 as required by the Public Records Act 25 Count V Imposition of an Unlawful Fee: Charging Per -Page Copy Costs for- the Town's Code of Ordinances 66. Plaintiff re -alleges and incorporates by reference paragraphs I through 65 as if fully alleged herein. 67. Section 119.07(4), Florida Statutes states that "The custodian of public records shall funiish a copy of the record upon payment of the fee prescribed by law." 68. The Defendant imposed a fee of'$50.34 to produce a copy of the requested records 69. The aforesaid fee was composed entirely of per -page copying fees to reproduce a hard copy of the requested records 70 Plaintiff specifically requested that the records be provided in electronic format, provided an e-mail address for the response to be sent to, and alerted Defendant that he would provide a flash drive or other data transfer device, if necessary. 71. Upon information and belief, the requested records are maintained by the Defendant in electronic form (both PDF and RTF file formats). 72 For electronic records, the agency may only charge the "actual cost of duplication." See, $ 119 07(4), Fla. Stat, (2012), Op. Att'y Gen. Fla. 2013-03 (2013). 73. The Defendant made it clear that Plaintiff would not be able to receive the requested records until Plaintiff agreed to pay the fee. '-b Note Granski v. Cin, of Alaclam _31 So 3d 193 (Fla App , 2010) Production days or weeks later, though, did not cute the error Under the present facts, the City's denial not only breached the duly to provide such records at a reasonable time and under reasonable conditions, but also contravened the purpose and mandate of our public records law Accordingly, appellants' receipt of copy of the Minutes— months after their requests and clearly after their primary need passed—did not moot the issue of the City's unlawful refusal to fulfill its duty to allow reasonable inspection and copying 15 of 21 74 Upon information and belief, the Defendant also maintains physical copies of its Code of Ordinances which are produced by a third party. 75. Upon information and belief, the costs incurred by Defendant for physical copies of its Code of Ordinances are less than $50.34 per copy. 76. The Defendant is only permitted to charge the "actual cost of duplication" to reproduce a physical copy of records when such copies are provided to it by a third party 26 77 By imposing the fee of $50.34 which is significantly greater than the "actual cost of duplication," of the requested records in both electronic and physical format, Defendant has violated the Public Records Act Count VI — Imposition of an Unlawful Tee: Charge for Data Transfer Device for Transmission of the Town's Code of Ordinances 78. Plaintiff re -alleges and incorporates by reference paragraphs I through 77 as if fully alleged herein. 79. Plaintiff specifically requested that the records be provided in electronic format, provided an e-mail address for the response to be sent to, and alerted Defendant that he would provide a flash drive or other data transfer device, if necessary. 80 Upon information and belief, the Defendant is capable of transmitting the requested records to Plaintiff via E -Mail at no cost and Defendant has refused to do the same. 81. Instead, Defendant has demanded that Plaintiff pay a fee of $5,00 which represents the purported cost of a thumb drive before Defendant will provide the requested records 82. By demanding that Plaintiff pay the $5.00 fee instead of provided the records to Plaintiff via e-mail at no cost, or allowing Plaintiff to provide his own data transfer device at '-' Sac, Op Au'y Gen Fla 89-93 (1939) 16 of 21 Plaintiff s cost, Defendant has violated the Public Records Act. 27 Count VII — Imposition of an Unlawful Fee: Unreasonable Charge for the Production of E -Mail Addresses Created or Received by the Town 83. Plaintiff re -alleges and incorporates by reference paragraphs I tluough 82 as if fully alleged herein 84. Section 119.07(4), Florida Statutes states that "The custodian of public records shall furnish a copy of the record upon payment of the fee prescribed by law." 85. The Defendant imposed a fee of $380.00 to produce a copy of the records requested in the E -Mail Addresses Request. 86. Upon information and belief, the requested records are maintained by the Defendant in electronic form 87. Plaintiff specifically requested records as to the Town's contract and most recent invoice for the use of Information Technology services in order to verify the relevant costs actually incurred by the Defendant. See, § 119 07(4), Fla Stat. (2012), Op. Atfy Gen. Fla. 2013-03 (2013); yet the Defendant has not provided any records as to Defendant's incurred costs for use of Information Technology resources or labor of personnel necessary to produce the requested records. 88, The Defendant made it clear that Plaintiff would not be able to receive the requested records until Plaintiff agreed to pay the fee. 89. By imposing the fee of $380 00 which is significantly greater than any evidenced costs incurred by Defendant to produce the requested records in electronic format, Defendant has violated the Public Records Act. 27 See, Op. Att'y Gen. Fla. 82-23 (1982) 17 of 21 Count V111—Automatic Delay: Town's Code of Ordinances 90. Plaintiff re -alleges and incorporates by reference paragraphs i through 89 as if fully alleged herein 91. In the Initial Code Response, Defendant imposed an automatic delay by refusing to respond except "within three business days," even though the Code Request was received 2 days prior to the date appearing on the Initial Code Response and the requested records were readily available to the Defendant. 92. In its Second Code Response, dated 24 days after Defendant's receipt of the Code Request, Defendant again imposed an automatic delay by refusing to make the records available at any time except "within 48 hours" of Plaintiff agreeing to pay the fee contained therein. 93 The Defendant's imposition of an automatic delay has no statutory basis and is, therefore, in violation of the Public Records Act 28 Count 1X — Automatic Delay: E -Mail Addresses Created or Received by the Town 94. Plaintiff re -alleges and incorporates by reference paragraphs 1 through 93 as if fully alleged herein 95. In the Initial E -Mail Addresses Response, Defendant imposed an automatic delay by refusing to respond except "within three business days," even though the E -Mail Addresses Request was received 2 days prior to the date appearing on the initial E -Mail Addresses Response and the requested records were readily available to the Defendant. 2' See Tribune Co. v. Cannella, 458 So 2d 1075 (Fla, 1984) ("We hold that no automatic delay is pemined " and "an autumatic delay, no matter how short, impemrissibly interferes with the public's right, restrained only by the physical pioblenrs involved in retrieving the records and protecting (hem, to examine the records the legislature has placed the books on the table; only it has the power to alter that situation "); See also Graoski v. City of Alachua, 31 So 3d 193 (Fla App . 2010); See also Rechler v. Town of Manalanan. No CL 94-2724 AD (Fla 15th Cir Ct November 21, 1994), aJ1h fined,, 674 So 2d 789, 790 (Fla 4th DCA 1996), review denied, 684 So 2d 1353 (Fla 1996); See also State v. Webb, 786 So 2d 602 (Fla App , 2001) 18 of 21 96 The Defendant's imposition of an automatic delay has no statutory basis and is, therefore, in violation of the Public Records Act 29 Attorneys' fees 97. The Public Record Act provides that "[i]f a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys' fees" See § 119.12, Fla Stat. 98 Plaintiff has retained counsel in this matter only for the limited purpose of assisting in the preparation of this complaint, however, he reserves the right to retain counsel in this matter for additional purposes and therefore asserts his statutory claim to attomey's fees and expenses for the preparation of this complaint and any additional purposes for which attorney's fees and expenses are incurred in this matter. Relief Requested WHEREFORE, Plaintiff prays this Court: (a) Set an immediate hearing pursuant to Section 119 11, Florida Stattrtes;aa (b) Declare that the Defendant's failure to provide Plaintiff with access to the requested public records was unconstitutional and unlawful tinder Article 1, Section 24 of the Florida Constitutional and the Public Records Act;32 2' See Footnote "29". 70 See Footnote "3". Sue Footnote "1 See Footnote "2" 19 of 21 (c) Order the Defendants to allow the inspection, copying and photographing of the requested records (upon payment of the statutorily authorized fees); (d) Order the Defendants to provide a copy of the requested records in electronic form (e) Enjoin the Defendant from denying access to records which are subject to the Public Records Act: 33 (f) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this action, as provided in Section 119.12, Florida Statutes;a^ and (g) Grant such further relief as the Court deems proper. Dated: N t 6 '2013 Respectfully submitted, PREPARED WITH ASSISTANCE OF COUNSEL CHRISTOPHER F. O'HARE, as Pro Se Plaintiff /I n 2520 Avenue Yu Soleil Gulf Stream, FL 33483 Telephone: (561) 588-8920 pineed itmail.com "Note Govemnrent-In-The-Sunshine-Manual, page 172 Injunctive relief may be available upon an appropriate showing for a violation of Ch 119, F S See Daniels v Bryson, 543 So. 2d 679 (Fla 3d DCA 1989) (injunctive relief appropriate where there is a demonstrated pattern of noncompliance with the Public Records Act, together with a showing of likelihood of future violations; mandamus would not be an adequate remedy since mandamus would not prevent future harm) Defendant's actions clearly demonstrate the high likelihood, in not the certainty, that such unlawful conduct will continue and the urgent need for injunctive relief from this court "See Verified Complaint at "97" 20 of 21 VERIFICATION STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared Christopher F O'Hare, who, being first duly identified and sworn, deposes and says that this VERIFIED COMPLAINT is based on records and information known to him, and are true and correct to the best of his knowledge, information, and belief. M Name: Christopher F. O'Hare STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) Sworn to, affirmed, and subscribed before me this 13 day of { I�%%�� er , 2013, by Christopher F. O'Hare. Please indicate: Personally Known:t-,, Olt Type of Identification Produced: NOTARY PUBLIC STATE OF FLORIDA Sign: Print: / lt'7 � �— •__I'YI �'�-%�"' °''"`` nNALMARTIN (SEAL) # * MEXPIRES:Jul IUa9914 EXPIRES: July 10, 2014 +4aM1C BormTfu Bu* Notary se*m Produced Identification: 21 of 21 EXI B H 1 T "A" Louis L. Roeder, Esq. 7414 Sparkling Lake Rd Orlando, FL 32819 407.352.4194 cell 407-7584194 Iou@loumedcr corn Delivered via E -Mail August 8, 2013 Rita Taylor Town Clerk TOWN OF GULF STREAM 100 Sea Road Gulf Stream, FL 33483 Re: Public Records Request 2520 Avenue Au Soleil, Gulf Stream, FL Subject: Gulf Stream Code of Ordinances Dear Rita: Pursuant to the Public Records Act, Chapter 119 of the Florida Statutes, and on behalf of my client, Christopher O'Hare, I am herewith making a public records request for an electronic formatted and searchable copy of the following items: A complete and updated copy of the Code of Ordinances for fire Town of Gu(Stream, FL As allowed under Section 119.01(2)(f), it is requested that this Records Request be fulfilled in electronic format and sent to me via e-mail delivery. If you cannot e-mail digital files, a data transfer device such as a flash drive. will be provided. If you refuse to provide this information, Chapter 119 requires that you advise me in writing and indicate the applicable exemption to the Public Records Act. Also, please state with particularity the reasons for your decision, as required by Section 119.07(2)(a).. if the exemption you are claiming only applies to a portion of the records, please delete or redact that portion and provide a list of the remainder of the records, according to Section 119.07(2)(a). If you anticipate that in order to produce the list requested, "extensive use" of information technology resources or extensive clerical or supervisory assistance as defined in Section 119.07(1)(b) will be required, we would ask that you please provide a written estimate and justification for same. If the total of requested records are not all readily available, I will accept them piecemeal. 1 request that whichever records are readily available in electronic format be provided to me immediately; and those other records be provided to me as soon as possible. Letter to Rita Taylor Public Records Request August 8, 2013 Page 2 of 2 If you have any questions or need more information in order to expedite this request, please call me at my cell phone at 407-758-4194. Respectfully, Louis L. Roeder, Esq. CC. Chris O'Hare EXIBHIT "B" TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS JOAN K.ORTHWEIN, Mryer THOMAS M, STANLEY. Na Mayor MURIEL J. ANDERSON W. GARRETS DERING ROR[RT IO. GANCER August 10, 2013 Louis L. Roeder, Esq. 7414 Sparkling Lake Rd. Orlando, FL 32819 Dear Counselor: Re: Intake of Public Records Request 2520 Ave Gulf Stream Code of Ordinances caA� aK�rr.s5.;.ac� a Telephone (561) 2763116 Fva (561) 737-0168 Town Manager WILLIAM H. THRASHER Tuwn Clark RITAL TAYLOR Au Soleil The Town of Gulf Stream has received your public records request dated August 8, 2013. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. Our staff will review your request within the nest three business days, and we will promptly send you the appropriate response or an estimated cost to respond. Sincerely, Rita L. Taylor Town Clerk `111 Encl. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 6 G M .'i b(( -t 11P`Il PUBLIC RECORDS REQUEST re Digital Copy of the Gulf Stream Town Code Lou Roeder <lou@louroeder.com> Thu, Aug 22, 2013 at 2:16 PM To: rtaylor@gulf-stream.org.didtheyreadit.com Cc: Chris O'Hare <pinegd@gmail.com> Rita, This is a follow up to the above referenced Public Records Request dated August 8, 2013 (copy attacher). I am in receipt of your response dated August 10, 2013 (copy attacher). Does the Town have a digital copy? if so, what is the status of the Town's response to that request? Regards, Louis Roeder ATTORNL•YATLAftr 7414 Sparkling Lake Road Orlando, FL 32819 cell 407-758-4194 CONFIDENTLIL171'NOTE This email message and arty attachments may contain confdeniial, privileged and non - disclosable information The information is intended onlyfor the use of the individual or entity named on this email. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this entail information, is strictlyprohibited and that the documents should be returned to the render immediately Ifyou have received this email in error or by accidental transmission, please notify the sender by return email immediately, delete all electronic copies of dds email and all attachments and destroy all had copies. Thank you. 2 attachments n Rita Response_PRR re_TownCode_081013.pdf 182K o PublicRecordsRequest_to Taylor_CodeOfOrdinances_080813.pdf 39K EXIBHIT "®v' TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS JDAN K GRTHWEIN, Mayor THOMAS M. STANLEY, Inoe Mayor MURIELI. ANDERSON W GARRETTOERING ROSERr W.GANGER August 31, 2013 Louis L. Roeder, Esq. 7414 Sparkling Lake Road Orlando, FL 32819 •... Telephone (561)276.5116 Fax (561) 737-0166 Town Manager WILLIAM H.THRASHER 02 Town Clark RITA L. TAYLOR Via Fax 866-610-6090 Re: Public Records Request dated August 8, 2013 for Gulf Stream Code of Ordinances Dear Counselor: In reply to the above public records request, we cannot fulfill your request in electronic format. We can supply this in hard copy. The total cost would be $50.34, broken down as follows: 64 one sided copies @ $0.15 ea. = $9.60 203 'fwo sided copies @ $0.20 ea. = 40.66 1 1.1x17 copy @ $0.08 = .08 50.34 Total There is no extensive use charge or extensive clerical or supervisory charges. Please advise in writing whether to proceed with the production of the Code and the Town of Gulf Stream will be able to have itready for you within 48 hours. Very truly yours, �R_ C- 7Z Rita L. Taylor Toian Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 EXIBHIT "E" 561-737-0188 Line 09:45:56 a.m. 08-06-2012 2/3 PROFESSIONAL SERVICES QUOTATION SHEET - TOWN OF GULF STREAM, FLORIDA REPUBLISHING THE CODE, Base Cost Includes: • Incorporation of Ordinances (009/5; 009/6; 00917; 009/8; 00919; 010/1; 010/2; 011/3; 1117; 1212; 1213 & 1214); • Removal of supplement numbers; • Updating of preliminary pages (title page, officials' page, and preface); Repagination; • Graphicsz & Tabular' matter; • Updated Index; • Printing 50 copies" with divider tabs; • Republished Code formatted In Adobe PDF (existing order); • Republished Code formatted in RTF (existing order); • Base number of pages, as established In the table below 570 Base cost does not include: • Reorganizing, renumbering or legally reviewing Code content • Adding ordinances to the Code not listed under Base Costs • Pages in excess of the base, per page • 3 -post expandable binders, $54 each qty— Select tySelect Binder color_ (Semi Bright Black, Maroon, Brittany Blue, Deep Green) • Additional sets of divider tabs, $25 per set qty • Land Development Regulations Reprint #50 copies with paper covers & appropriate fasteners Red Co vr.PS ] I 10 copies with paper covers & appropriate fasteners • Freight • Sales Tax, If applicable Elections to be made applying to the Republication: $2,425 $2,9 50 Please check one option for State Law Reference Footnotes: �)dlpdaffng Stale Law Reference Footnotes (internal citations not changed) $500 [) Removing State Law Reference Footnotes (Internal citations not changed) [) Leaving State Law Reference Footnotes as they are In the Code (internal citations remain the same) Electronic Code Options - data provided via ftp unless requested otherwise: [x] Municode Desktop (entire Code—replaces Folio)—CO or Download $295 nllially, $75 per update [) Posting Code Online, per year $550, �71c70 Au, �7,Z arY Total $14,140.00 r Applicable sales taxes and actual shipping charges will be added a Includes printing all copies and color printing. 'Tabular matter Is defined as tables, Algebra formulae, or other materials that require special programs or extra editorial time to modify and prepare forincluslon In an update. ' Municodeuses only acid -free paper. New ordinances maybe added, but will be charged at $28.00 per page affected. This fes applies even If base page allowance is not exceeded. An estimatewrll be provided upon request , The annual Code on Internet fee will be $700 to include our CodeBank Service; however, the Client can choose to have the code on Internet only at $550 per year. municode y ''`• Manklpal CodeCmpoml[on • P060oa3sia0WWm FL32316 �w:•.; InfoFinanwde •800162,2633 rrtes087s.a867 - w++w".Wodex.m Bill To: Gulf Stream, Florida William Trasher :100 Sea Road !Gulf Stream, FL 33483-7427 1 !ADVANCE PAYMENT r—...._._...._._._. _..—.—_—.. _.._—._.....__..►—. 1 REPRINTED SUPPLEMENT PAGES ;1 UPDATING STATE LAW REFERENCES 1 MUNICODE DESKTOP ASO COPIES OFTHE REPUBLICATION ;TO THE CODE OF ORDINANCES Y. INVOICE Invoice Number 00220263 Invoice Date 8/10/2012 PO Number Customer Id 10.8705 Payment Terms Net 30 Please remit one copy with payment Page 1 ")WN OF GULF STREAM "AYMENTAPPROVED AMT t- _ -� OBLIGATION# 1lDl�°.2 E L 1K. #�O _ —.—.;-1V,O4UµUVI ?2,425.000 $2,425.0001 $800.000 $800.00) $295.000 $295.001 ")WN OF GULF STREAM "AYMENTAPPROVED AMT t- _ -� OBLIGATION# 1lDl�°.2 E L 1K. #�O EXIBHIT vwFwv TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS JOAN R. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice -Mayor W. GARRETT DERING RUSERTW.GANGER DONNA S. WHITE October 24, 2013 Louis L. Roeder, Esq. 7414 Sparkling Lake Road Orlando, FL 32819 Telephone (561)776.5116 Fox (561)737-0166 Town Manager WILLIAM THRASHER Town Clark RITA L TAYLOR Via Fax 866-610-6090 Re: Public Redords Request dated August 8, 2013 for Gulf Stream Code of Ordinances, Acknowledged on August 10, 2013, Estimate of Cost to Produce dated August 31, 2013. Dear Counselor: We have given you a cost of $50.34 to produce the above records, in hard copy. We are now in a position to supply the Code on a thumb drive at a cost of $5.00, which is the cost of the thumb drive. Please advise in wii.ti.ng whether to proceed with the production of the Code on the thumb drive and the Town of Gulf Stream will be able to have it ready for you within 24 hours. Very truly yours, Rita L. Taylor Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 EXIBHIT °'G" Your on einal request, dnied Aurust 27. 2013. is Produced in the sone below From: cmnilfindcr.mail.mai[6,mail.com[maillo:cmailflnder.nviil.mailGvmail.com] Sent: Tuesday, August 27, 2013 5:07 AM To: Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST From emnilrinder.mail.mnikaimail.com THIS IS A PUBLIC RECORDS REQUEST ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119 07 of the Florida Statutes I wish to make a public records request of your agency for the following records: All email addresses created or received by the Town of Gulf Stream All responses to this public records request should be made In writing to the following email address; emailfinder.mail.mailf�lmail.com If the public records being sough[ are maintained by your agency in an electronic format please produce the records in the original electronic formal in which they were crealed or received See §119 01(2Kp, Florida Stalutes. 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)(a) of the Florida Statutes and slate in writing and with particularity the bass for your conclusions as required by §119 07(1)(1) of the Florida Statutes. Please take note of §119 07(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. it so. the location at which the record can be acrasssrl' I am. thermion rvqueshng that you notify every individual in poascosion of record* that may be rcaponsivc to Chic public racordc request to procorve all such rocordo on an immodiole batia. If yuu anticipate die production of these public records to exceed 5100 please notify me In advance of their production 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 THANK YOU emailfinder.mail.mail(o)maii.com FRIACCGEer *,finiu�rasce3W?W.S-037!85'9 *� :1 :-w Our intake and clmiGcation letter. dated August 29 2013 is Produced in the pace below: TOWN OF GULF STREAM PAL.A•I BEACH Comn,. FLORIDA August 29, 2013 emailfinder mail mail email cam PRR CODE: emailfindergenerator-]A447092332B232-Y3 Re: Public Records Request dated August 27, 2013 All email addresses geared or received by the 7cnvn ql GulfSrremn Dear F.mnilfinder mail mnil+n mnil.com. The Town of Gulf Stretun has received your public records request dated August 27, 2013. This letter requests nddhional inronnation before proceeding with an estimate for the cost of extensive use of information technology resources as described in Fla. Stat. § 119.07(4)(d). The Town of Gulf Stream requests clarification that Hill determine the number of hours that will be required to respond to this request. specifically: .411 entail addresvey created or received by rhe Town of Gulf b7rearn over what Cline frame' To produce the documents that you hale requested. the Town ofGulrsiremn anticipates the need to use infomtation TcchnoloLw support. which is billed to the town ai a rate ors95 00 per hour. Please clarify the abut a request as indicated and the Town of Gull' Stream will review your clarification within three business days. and will then promptly send you an estimated cost to respond. The Town of Gulf Stream gill proceed with fulfilling your request only after payment of any esti nutto Sincerely. Town Clerk Custodian of the Records EXIBHIT WTV Your response dnted Fridm August 30 2013 is produced in the space below: From: email addresses [mailto:emailtinder.mail.maikamail.coml Sent: Friday, August 30, 2013 10:14 AM To: Bill Thrasher Subject: PUBLIC RECORDS REQUEST from amailfindar.mail.maiUn)mail.rnm 2 Thank you For your response to this PUBLIC RECORDS REQUEST. Please protide the Information requested In the original PUBLIC RECORDS REQUEST. EXIBHIT ®°J°v Our clarification letter, dnted September 5, 2013. is produced in the suave beluw. TOWN OF GULF STREAM PAL\t BEACH COUNTY, FLORIDA September 5, 2013 emailfinder.mail mail@mail.com PRR CODE: email (indergeneralor-JA447C,92332B232-Y3 Re: Public Records Request doled August 27, 2013 _ill entail addresses creared or received by the Town gfGu�rtitrcnm Dear Emtdlfinder.mail mailrnmail.com, The Town of Gulf Stream has received your response, dated Friday, August 30, 20137 to the town's request for clarification and intake letter, dated August 29, 2013 This letter requests funher clarification before proceeding with an estimate for the cost of extensive use of infominlion technology- resources as described in Fla. Stat. § 119.07(4)(d). The Town of Gulf Strewn requests clarification that will determine the number or hours that will be required to respond to your request, specifically: Ill entail addrexaea created or recrrved by the Town r�'Gulf krverm otrr whai tine franc, To produce the documents that you have requested, the Town of Gulf Stream anticipates the need to use Information Technology support.. which is billed to the town at a rate of $95.110 per hour. Without responsive clarification to your request, which will help the Town proceed in fulfilling your request, we will consider this matter closed. The Town of GuIFSlre:nn is prepared to provide you an estimate and to respond to Four request, but % idioul clarification as to the time Dame of your request, we cannot provide an accurate estimate for the extensk a use of information technology or move forward with Fulfilling your request Please clarify Ute ahm a request as indicated and the'fo%n of Guif Stream will review your clarification within three business days. and will then promptly send you an estimated cost to respond The Town of Gull'Stream will proceed with fulfilling your request onl% after pa}'nient of am estimate Our correspondence is reproduced below for your convenience. Sincerer. Town Clerk Custodian of the Records EXIBHIT "K'° Your response_ doled Fridov. September G. 2013, is produced in the space below: From: email addresses[mailto:emailrinder.maii.mai]nmail.coml Sent: Priday, September 06, 2013 4:27 PM To: 8111 Thrasher Subject: Public Records Request - response to second request for ciarikation This email is In response to the second request made to emailfinder.mail.mailtclmail .cotn for clarification made by the Custodian of Public Records for the Town of Gulf Stream (attached and copied below). The original Public Record Request is for: All email addresses created or received by the Town of Gulf Stream The original Public Records Request did not request specific email communications. Nor did it request any email communications made during a specific time period. The original Public Records Request clearly asks for Information contained In the Public Record. Therefore additional response to your request for responsive clarification is not offered. This Is the third request for this Public Record, Please note the full content of the original Public Record Request and respond accordingly. TOWN OF GULF STREAM. PALM BEACH COUNTY, FLORIDA September 10, 21713 email6ndecmail.mail!imail.com PRR CODE: emailfindergeneralor-1A447fi92332B232-Y3 Re: Public Records Request dated August 27, 2013 .411 enrall addresses created or received hp the Town of Gu jr,Strearlr Dear Emailfinder.mail.mailtEiimail.com. This letter provides the estimated cost for the production of public records you have requested in ynur initial email, dated August 27, 2nl3. that we ncknowledged nn Au,prat 29, 2013 Thnnk ynu for your clarification regarding the above public records request. Based on your most recent clan 11calion, dated September G, 2013, the Town of Gulf Stream now understands that your request includes all email addresses created or received In droTowat of Gulf Sucaml, 1001 no limitation as to time frame To produce the documents you have requested. the Toiin of Gul f Stream anticipates the need for 4 (four) hours for the extensive use of information technology resources as described in Fla. Stat 5 119.07(4)(d).. Information Technology support is billed to the Torun or Gulf Stream at the rate of S93 00 per hour Based on the above figures, Ute Town of Gulf Stream estimates your request will cost $380 to fulfill (four hours at a rate of S95 per hour) Please let us know in writing whether to proceed with die production of this request and die Town of. Gulf Stream will act promptly to produce your requested documents after payment of any estimate Our correspondence is reproduced below for your com enience. Sincereh. Town Clerk Custodian of the Records EXIBHIi ®®M'® Gmail - Attention: Custodian of Public Records - PUBLIC RECORDS REQUEST IT666.... Page 1 of 2 yi I Asset Inventory<lt.managementeontro)rLDgmail.com> t7t41.1t111' Attention: Custodian of Public Records - PUBLIC RECORDS REQUEST IT666.45.3359.73 2 messages Asset Inventorye it.monagemenl.conlrol@gmatl.com> Thu, Sep 12, 2013 at 10:17 AM To: blhrasher@gulf-stream org didtheyreadit.com THIS IS A PUBLIC RECORDS REQUEST FROM IT.MANAGCMEN'I.CON'1'ROLeGM&IL.COM This public record request is made to the Custodian of Public Records for: TOWN OF GULF STREAM. If you are not the Custodian of Records for this agency, please immediately forward this public records request to the Custodian of R?rerdx for this aawnry.. As per Florida Constitution, Article 1, Section 24 and Florida Statutes 119.07, this is a public records request of Town of Gulf stream for the following records: contract and most recent invoice ror IT consultant providing services to chief administrator or agency. Please see Florida Statute 119.07(1)(c) to note your affirmative obligation to promptly acknowledge your receipt of this public record request and make a good faith effort, including making reasonable efforts to determine from other officers or employees within your agency whether such records exist and, if they do exist, the location at which the rprnrd.s ran ha arrp.aaad.. Thnrpfnrp, T am rprnrasting that ynn notify Pvpry person in possession of any records that may be responsive to this public records request to immediately preserve all such records. If you contend that any public records that may be responsive to this public record requoat, or any portion of any ouch public records are exempt from diaeloaure of inspection, please cite the specific exemption as required by Florida Statute 119.07(1) (e).Please state in writing and with particularity the basis for your determination and conclusions as required by Florida Statute 119.07(1)(£). If any public records that may be responsive to this public record request are maintained by your agency in electronic format please produce these records in the original electronic format in which they were received or created; see Florida Statute 119.01(2)(f). Please notify me in advance of the cost of production of these responsive records with a written astimata of the total cost if you anticipate their production will ratted $10.00. 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. Please send all responses to this public records request,which should be made in writing, to: it -management controingmail.com Asset Inventory < It management. control@gman.com> Mon, Sep 23, 2013 at 9:15 PM To: bthrasher@gulf-stream org didtheyreaditcom SECOND ATTEMPT TO OBTAIN THIS PUBLIC RECORD On Thu, Sep 12, 2013 at 10:17 AM, Asset Inventory <it.management control@gmail cam> wrote THIS IS A PUBLIC RECORDS REQUEST FROM IT.MANAGEMENT.CONTROL@GMAIL.COM littps://mail.google.coni/maill?ui=2&ik=39b6c3be6a&view=pt&search=sent&th=1411288... 10/9/2013 Gnlail - Attention: Custodian of Public Records - PUBLIC RECORDS REQUEST IT666.... Page 2 of 2 This public record request is made to the Custodian of Public Records for: TOWN OF GOLF STREAM. .I£ you are not the Custodian of Records for this agency, please immediately forward this public records request to the Custodian of Records for this agency. As per Florida Constitution, Article 1, Section 24 and Florida Statutes 119.07, this is a public records request of Town of Gulf Stream for the following records: ,Contract and most recent invoice for IT consultant providing services to chief administrator or agency. Pinata Coo Florida Et atutc 110.07(1)(c) no note your affirmativa obligation to Promptly acknowledge your receipt of this public record request and make a good faith effort, including making reasonable efforts to determine from other officers or employees .within your agency whether such records exist and, if they do exist, the location at ;which the records can be accessed. Therefore, 1 am requesting chat you notify every ;person in possession of any records that may be responsive to this public records request to immediately preserve all such records. �If you contend that any public records that may be responsive to this public record 'request, or any portion, of any such public records are exempt from disclosure of inspection, please cite the specific exemption as required by Florida Statute 119.07 (1)(e).Please state in writing and with particularity the basis for your determination and nnnrl,isi,,n.v qe rpgnircrf t+y Flnrirlq Sratnra 114.n7(1)(f). If any public records that may be responsive to this public record request are .maintained by your agency in electronic format please produce these records in the original electruu,ic funnat Lu which Lhcy were reCelVUd u4 ctenLell) one Plur.lud aLOWLl �119.01(2)(f). Please notify me in advance of the cost of production of these responsive records with -a written estimate of the total cost if you anticipate their production will exceed $10.00. 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. Please send all responses to this public records request,which should be made in writing, to: it.management.control@gmail.com https://mail.google.com/mai 1/?ui=2&ik=39b6c3bc6a&vie%wpt&search=sent&th=1411288... 10/9/2013 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CHRISTOPHER F O'HARE, Plaintiff; TOWN OF GULF STREAM, Defendant .®2013 VN 017 7 9 3 XXXXMB CASE NO.: COPY .. r"1f 'il •I i r.li . VERIFIED COMPLAINT TO ENFORCE FLORIDA'S PUBLIC RECORDS ACT AND FOR DECLARATORY. INJUNCTIVE AND MONETARY RELIEF The Plaintiff, Christopher F. O'Hare, ("Plaintiff'), without counsel as a Pro Se litigant, hereby sues the Town of Gulf Stream, ("Defendant" or the "Town"), and as grounds therefore alleges as follows. I . This action concerns the Defendant's violation of Plaintiffs civil rights pursuant to Article I, Section 24 of the Florida Constitution and Chapter 119, Florida Statutes (2012), (the "Public Records Act") 2. This action seeks declaratory, injunctive and monetary relief 3. Specifically, Plaintiff seeks an order declaring the Defendant to be in breach of its constitutional[ and statutory'- duty to permit access to public records, and compelling the I Note Article 1 Section 24, Fla. Const Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution. This section specifically includes the legislative, executive, and judicial branches of government and each agency or department created thereunder, counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution 1 of 11 Defendant to provide access to the requested public records, enjoining the Defendant from denying access to public records, and awarding Plaintiff attorney's fees and costs Additionally, Plaintiff requests this matter be expedited pursuant to Section 119-11(1), Florida Statutesa Jurisdiction and Venue 4 This Court has subject matter jurisdiction pursuant to Article V, Section 5(b) of the Florida Constitution, and Section 119 11, Florida Statutes 5 This Court has personal jurisdiction over the Defendant, because the Defendant is a public agency in Palm Beach County & The causes of action in the instant case accrued in Palm Beach County; therefore, this Court is the appropriate venue for the vindication of Plaintiff's civil rights. The Parties 7. Plaintiff is a Florida citizen who resides in Palm Beach County. 8 Plaintiff is a "person" as that term is used in the Public Records Act See § 119 07(1)(a), Fla. Stat.4 9. The Defendant is an "agency" pursuant to Section 119 011(2), Florida Statutes 5 e Note § 11907(1)(a), Fla Stat Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records. 3 Note § 11911(1), Fla. Stat. Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending rases. "See Footnote "2". 'Note § 119 011(2), Fla. Stat "Agency" means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by taw including, for the 2of11 10 The Defendant has a duty to permit the inspection, copying, and photography of Defendant's public records by Eiy person desiring to do so, at a reasonable time, under reasonable conditions, and for reasonable costss (Emphasis added). See § 119.07, Fla Stat ; Art I, § 24, Fla. Const. Florida's Public Records Act 1 l . Florida's Public Records Act implements a right guaranteed to members of the public under the Florida Constitution and it therefore promotes "a state interest of the highest order." See NCAA v. Associated Press, 18 So. 3d 1201, 1212 (1st DCA 2009)7. 12 The right of access to public records applies to "any public body, officer, or employee of the state, or persons acting on their behalf.. " Art I, § 24, Fla. Const ; see also § 119.011(2), purposes of this chapter, the Commission on Ethics, the public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. 6 Note Government -In -The -Sunshine -Manual 2012 Edition page 144 TTte term "reasonable conditions' as used ins 119, 07(1)(a), F.S , "refers not to conditions which must be fulfilled before review is permitted but to reasonable regulations that would permit the custodian of records to protect them fiom alteration, damage, or destruction and also to ensure that the person reviewing the records is not subjected to physical constraints designed to preclude review" Wait v Florida Power & Light Company, 372 So. 2d 420,425 (Fla 1979) See also State ex rel Davis v dfablillan, 38 So. 666 (Fla 1905); and Tribune Company v. Cannella, 458 So. 2d 1075, 1078 (Fla 1984), appeal dismissed sub nom, DePerle v. Tribune Company, 105 S Ct 2315 (1985) (the sole purpose of custodial supervision is to protect the records from alteration, damage, or destruction). Accordingly, the "reasonable conditions" do not include a rule or condition of inspection which operates to restrict or circumvent a person's right of access. AGO 75-50 "T'he courts of this state have invalidated measures which seek to impose any additional burden on those seeking to eeercise their rights to obtain records" under Ch. 119, F.S. Inf. Op. to Cook, May 27, 2011. And see State v Webb, 786 So 2d 602 (Fla. 1 st DCA 2001) (requirement that persons with custody of public records allow records to be examined "at any reasonable time, under reasonable conditions" is not unconstitutional as applied to public records custodian who was dilatory in responding to public records requests). 'Note NCAA v. Associated Press 18 So 3d 1201, 1212 (1st DCA 2009) We are not persuaded that the Public Records law has an indirect effect on interstate commerce, but even if some effect had been established, we could not say that the law violates the dormant Commerce Clause The Public Records law implements a right guaranteed to members of the public under the Florida Constitution and it therefore promotes a state interest of the highest order The negligible impact the law might have on interstate commerce clearly does not outweigh the goal of ensuring open government. 3 of l 1 Fla. Stat.8 13 Under the Public Records Act, "[e]very person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records." See § I I9.07(1)(a), Fla Stat s 14. Under the Public Records Act, "[a]ny person shall have the right of access to public records for the purpose of making photographs of the record .." .See § I I9.07(3)(a), Fla. Stat.lo 15 Defendant, as an agency and custodian of records, has an obligation to provide any non-exempt public records for inspection, copying and photography upon request. See § 119.07(f)(a)tt, §119.07(3)(a)12, Fla Stat , Art L § 24, Fla Const,la Factual Background 16. On September 29, 2013 at 10.24 a.m., Plaintiff submitted a public records request via e-mail to the custodian of records of the Town of Gulf Stream. 17 Specifically, Plaintiff sought to obtain a: Any photos of the Gu f Stream property of Anthony Pugliese in the Town's public record (the "Photo Request"). Said Photo Request is attached hereto and specifically incorporated 'See Footnote "5" 'See Footnote "2" "Note § 119.07(3)(a), Fla Stat. Any person shall have the right of access to public records for the purpose of malting photographs of the record while such record is in the possession, custody, and control of the custodian of public records. " See Footnote "Y'. '' See Footnote "10". " See Footnote "1". 4ofII herein as Exhibit A. 18. Some four (4) days after receipt of the Photo Request, on October 3, 2013 at 2.12 p m., Defendant sent a letter to Plaintiff via e-mail, also received by Plaintiff on October 3, 2013, stating in relevant part: Our Staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond. (the "Photo Response"). Said Photo Response is attached hereto and specifically incorporated herein as Exhibit B, 19, Plaintiff has requested that the responsive documents for the public records requests described herein be provided in electronic form and provided an E -Mail address to whom the response was to be sent 20. As of the date of this complaint, some sixty-six (66) days after Plaintiffs original public records request, Plaintiff has not received the requested public records. 21. Upon information and belie!; the requested public records are maintained by the Defendant in electronic form. 22. The records requested by the Plaintiff are public records that are readily accessible to Defendant. 23. All of the records being sought by Plaintiff are public records pursuant to Section 119 011(12)14, Florida Statutes "Note § 119.011(12), Fla. Stat "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency 5of11 24 There is no statutory exemption that applies to any of the requested public records and the Defendant has cited none, 25 Violations of Section 119 07, Florida Statutes constitute an irreparable public injury 15 26. Plaintiff has a clear legal right to insist upon the performance of the Defendant's duty to permit inspection, copying and photographing of public records. 27 Section 119.11(1), Florida Statutes requires this matter be set for an immediate hearing 16 28. All conditions precedent to this action have occurred or have been excused or waived, 29. Defendant's actions with respect to the public records requests discussed herein and in other public record requests made by Plaintiff and other parties, demonstrate a pattern of noncompliance with the Public Records Act and also a likelihood of future violations such that injunctive relief is appropriate. Count I— Unlawful Withholding of Public Records: Unreasonable Delay for the Production or the Pugliese Property Photo in Electronic Form 30. Plaintiff re -alleges and incorporates by reference paragraphs 1 through 29 as if fully alleged herein. 31. The Defendant's refusal to allow Plaintiff to inspect the requested public records violates Article I, Section 24(a) of the Florida Constitution, Section 119.07(1)(a), Florida 11 Note Daniels v Bryson, 548 So.. 2d 679, 680 (Fla 3d DCA 1989) The impermissible withholding of documents otherwise required to be disclosed constitutes, in and of itself, irreparable injury to the person malting the public records request Since the purpose of Chaplet 119 is to afford disclosure of information without delay to any member of the public malting a request, nondisclosure prevents access to the information and is an injury not ordinarily compensable in damages. l s See Footnote "3". 6of11 Statutes17 and is inconsistent with well-established case lawta 32 Section 119.01(2)(0, Florida Statutes provides, "An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium " 33. "The only delay permitted by the Act is the limited reasonable time allowed the custodian to retrieve the record and delete those portions of the record the custodian asserts are exempt" Tribune Co. v. Cannella, 458 So 2d 1075, 1079 (Fla. 1984). 34. Despite Plaintiff's request of obtaining a copy of any photos of the referenced Pugliese property in digital (or electronic) form, some sixty-six (66) days after the Defendant received Plaintiffs original Photo Request, Defendant still has not offered to provide same to Plaintiff under any terms. 35, The above described sixty-six (66) day delay is unreasonable and in violation of the Public Records Act Count 11— Automatic Delay: Photo of Pugliese Property 36. Plaintiff re -alleges and incorporates by reference paragraphs 1 through 35 as if fully alleged herein. 37 In its Photo Response, Defendant imposed an automatic delay by refusing to respond except "within three business days," even though the Photo Request was received four (4) days "See Footnote "2" 1 a See Bell v. Kendrick 6 So 868 (Fla. 1889) (public records belong "to the public office and not to the officer."); See also State ex .rel. Davidson v. Couch 156 So. 297 (Fla 1934); See also City of Gainesville v. State ex. rel. International Association of Fire Fighters Local No. 2157 298 So 2d 478 (1st DCA 1974) (records that "are made by a city employee in the normal course of conducting the city's business are materials which are open to the citizens of this state for inspection."); See also State ex rel. Veale v. City of Boca Raton 353 So. 2d 1194 (Fla 4th DCA 1977) (the Public Records Act "requires the public official with custody of a public record to disclose it to any member of the public, including the media, who wishes to inspect iG Non -disclosure is permitted only if there is an exemption provided" by statute.); See also News -Press Publishing Co. v. Gadd 388 So 2d 276, 278 (Fla. 2d DCA 1980) ("Absent a statutory exemption, a court is not free to consider public policy questions regarding the relative significance of the public's interest in disclosure and the damage to an individual or institution resulting from such disclosure."). 7ofII prior to the date appearing on the Defendant's Photo Response and the requested records were readily available to the Defendant at that time. 38. The Defendant's imposition of an automatic delay has no statutory basis and is, therefore, in violation of the Public Records Act 19 Attorneys' Fees 39. The Public Record Act provides that "[i]f a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys' fees " See § 119 12, Fla. Stat. 40. Plaintiff has retained counsel in this matter only for the limited purpose of assisting in the preparation of this complaint, however, he reserves the right to retain counsel in this matter for additional purposes and therefore asserts his statutory claim to attorney's fees and expenses for the preparation of this complaint and any additional purposes for which attorney's fees and expenses are incurred in this matter. 19 See Tribune Co. v. Cannella 458 So.2d 1075 (Fla, 1984) ("We hold that no automatic delay is permitted .." and "an automatic delay, no matter how sbon, impermissibly interferes with the public's right, restrained only by the physical problems involved in retrieving the records and protecting them, to examine the records. The legislature has placed the books on the table; only it has the power to alter that situation."); See also Granski v. City of Alachua. 31 So 3d 19.3 (Fla. App., 2010); See also Rechlerv. Town of Manala»an No, CL 94-2724 AD (Fla. 15th Cir. Ct November 21, 1994), affirmed, 674 So. 2d 789, 790 (Fla 4th DCA 1996), review denied, 684 So. 2d 1353 (Fla 1996); See also State v. Webb 786 So 2d 602 (Fla App., 2001). 8ofll Relief Requested WHEREFORE, Plaintiff prays this Court. (a) Set an immediate hearing pursuant to Section 119. 11, Florida Statutes;'' -0 (b) Declare that the Defendant's failure to provide Plaintiff with access to the requested public records was unconstitutional and unlawful under Article I, Section 24 of the Florida Constitution2l and the Public Records Act''—' (c) Order the Defendants to allow the inspection, copying and photographing of the requested records (upon payment of the statutorily authorized fees); (d) Order the Defendants to provide a copy of the requested records in its original electronic form; (e) Enjoin the Defendant from denying access to records which are subject to the Public Records Act. 23 (f) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this action, as provided in Section 119 12, Florida Statutes?a and (g) Grant such further relief as the Court deems proper. See Footnote "3". Z' See Footnote "I". -' See Footnote "2". Note Goveniment-In-The-SunsMne-Maniiif page 172. Injunctive relief may be available upon an appropriate showing for a violation of Ch. 119, F S. See Daniels v Bryson, 548 So. 2d 679 (Fla 3d DCA 1989) (injunctive relief appropriate where there is a demonstrated pattern of noncompliance with the Public Records Act, together with a showing of likelihood of future violations; mandamus would not bean adequate remedy since mandamus would not prevent future harm). Defendam's actions clearly demonstrate the high likelihood, in not the certainty, that such unlawful conduct will continue and the urgent need for injunctive relief from this court. "See Verified Complaint at "39". 9ofII Dated: December 1 12013 10 of 11 Respectfully submitted, PREPARED WITH ASSISTANCE OF COUNSEL CHRISTOPHER. OTIARE, as Pro Se Plaintiff 2520 Avenue Au Soleil Gulf Stream, FL 33483 Telephone. (561) 588-8920 pinegd@gmail.com VERIFICATION STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared Christopher F. O Hare. who, being first duly identified and sworn, deposes and says that this VERIFIED COMPLAINT is based on records and information known to him, and are true and correct to the best of his k4viedgP, information, and belief. La Name: STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) Sworn to, affirmed, and subscribed before me this Aay of December, 2013, by Christopher F. O'Hare, NOTARY PUBLIC STATE OF FLORIDA Signaa Print7//;z 6 - 41714�A.) (SEAL)TINA TIN MYCOMLM�4 0998550 EXPIRES: July 10, 2014 Boded Thio Bu4el HIM umw Please indicate. Personally Known: ZOR Produced Identification: _ Type of Identification Produced: 11 of 11 EXIBHIT ■wAvo From: Chris O'Hare<chrisoharaaulistreaini5amaii.com> Date: Sun, Sep 29, 2013 at 10:24 AM Subject PUBLIC RECORDS REQUEST -pugllese To: bthras_her(Sgulf-streem.ora.didthecreadit.com THIS ISA PUBLIC RECORDS REQUEST of the7own of Gulf Stream Pursuant to Article 1, Section 24 of the Florida Constitutlon and Chanter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any photos of the Gulf Stream property of Anthony Pugliese in the Town's public record. 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 6119.070Ifel of the Florida Statutes and slate in writing and with particularity the basis for your conclusions as required by 6119.07(1)ff) of the Florida Statutes. Please take note of 6119.07(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 in possession of records that may be responsive to this public records request to preserve all such records on animmediate basis If the public records being sought are maintained by 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. If you anticipate the production of these public records to exceed $1.00 please notify me In advance of their production 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. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream(Dgmail.com �� : * A V 4 1 0 k A W 7 0 M I W TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA October 3, 2013 chrisoharegulfstream@gmail com Re: PUBLIC RECORDS REQUEST - GS school (photos) Any photos of the Gutf Stream School in the Town' public record Dear chrisoharegulfstream@gmail. corn, The Town of Gulf Stream has received your public records request dated September 29, 2013 If your request was received in writing, then the first page of that request is attached to this cover letter If your request was verbal, then the description of your public records request is set forth in the space below Our staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records Your original reauest dated September 29. 2013_ is reproduced in the space below: From: Chris O'Hare [mailto:chrisohareaulfstreamMoma)l.coml Sent: Sunday, September 29, 2013 10:22 AM To: BIII Thrasher Subject: PUBLIC RECORDS REQUEST - GS school THIS IS A PUBLIC RECORDS REQUEST of the Town of Gulf Stream Pursuant to Article 1. Section 24 of the Florida Constitution and Chapler 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any photos of the Gulf Stream School In the Town' public record. 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 6119.070 Vel of the Florida Statutes and slate in writing and with particularity the basis for your conclusions as required by 6119.070)(f) of the Florida Statutes. Please take note of 4119.07(o) 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 in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by 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)(8 Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production 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 cosi of labor and materials All responses to this public records request should be made In writing to the following email address: chrisoharegulfstreamggmall.coni IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CHRISTOPHER F. 0HARE, 50 2013 CA 018 0 9 3 XXXX MB Plaintiff CASE NO.: V. COPY RECEIVED FOR FILING TOWN OF GULF STREAM, DEC 10 2013 Defendant. SHARON R BOCK CLERK&COMPTROLLER CIRCUIT CIVIL DIVISION VERIFIED COMPLAINT TO ENFORCE FLORIDA'S PUBLIC RECORDS ACT AND FOR DECLARATORY, INJUNCTIVE AND MONETARY RELIEF The Plaintiff, Christopher F. O'Hare, ("Plaintiff'), without counsel as a Pro Se litigant, hereby sues the Town of Gulf Stream, ("Defendant" or the "Town"), and as grounds therefore alleges as follows: 1. This action concerns the Defendant's violation of Plaintiffs civil rights pursuant to Article I, Section 24 of the Florida Constitution and Chapter 119, Florida Statutes (2012), (the "Public Records Act") 2 This action seeks declaratory, injunctive and monetary relief 3 Specifically, Plaintiff seeks an order declaring the Defendant to be in breach of its constitutionals and statutory2 duty to permit access to public records, and compelling the ' Note Article 1 Section 24, Fla. Const Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on thein behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution. This section specifically includes the legislative, executive, and judicial branches of government and each agency or department created thereunder, counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution 1 of 11 Defendant to provide access to the requested public records, enjoining the Defendant from denying access to public records, and awarding Plaintiff attorney's fees and costs Additionally, Plaintiff requests this matter be expedited pursuant to Section 119.1 1(1), Florida Statutesa,. Jurisdiction and Venue 4 This Court has subject matter jurisdiction pursuant to Article V, Section 5(b) of the Florida Constitution, and Section 119. 11, Florida Statutes. 5. This Court has personal jurisdiction over the Defendant, because the Defendant is a public agency in Palm Beach County. 6. The causes of action in the instant case accrued in Palm Beach County; therefore, this Court is the appropriate venue for the vindication of Plaintiffs civil rights. The Parties 7. Plaintiff is a Florida citizen who resides in Palm Beach County 8 Plaintiff is a "person" as that term is used in the Public Records Act. See § 119 07(1)(a), Fla. Stat 4 9 The Defendant is an "agency" pursuant to Section 119 011(2), Florida Statutes 5 ' Note § 119 07(1)(a), Fla. Stat. Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records ' Note § 119.1 1(1), Fla Stat. Whenever an action is fled to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases. See Footnote "2". ' Note § 119.011(2), Fla. Stat "Agency" means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law including, for the 2of11 I 0. The Defendant has a duty to permit the inspection, copying, and photography of Defendant's public records by wiv person desiring to do so, at a reasonable time, under reasonable conditions, and for reasonable costss. (Emphasis added) See § 119.07, Fla Stat ; Art, L § 24, Fla. Const Florida's Public Records Act 11, Florida's Public Records Act implements a right guaranteed to members of the public under the Florida Constitution and it therefore promotes "a state interest of the highest order." See NCAA v. Associated Press, 18 So 3d 1201, 1212 (1st DCA 2009)7. 12, The right of access to public records applies to "any public body, officer, or employee of the state, or persons acting on their behalf.." Art L § 24, Fla Const.; see also § 119.011(2), purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. G Note Government-In-Tbe-Sunshine-Manua12012 Edition. page 144. The term "reasonable conditions' as used in s. 119.07(1)(a), F.S., "refers not to conditions which must be fulfilled before review is permitted but to reasonable regulations that would permit the custodian of records to protect them from alteration, damage, or destruction and also to ensure that the person reviewing the records is not subjected to physical constraints designed to preclude review" Wait v. Florida Power & Light Company, 372 So. 2d 420, 425 (Fla. 1979). See also State ex rel. Davis v. Afal Ilan, 38 So. 666 (Fla. 1905); and Tribune Company v Cannella, 458 So. 2d 1075, 1078 (Fla 1984), appeal dismissed sub nom., DePerte v Tribune Company, 105 S.C1. 2315 (1985) (the sole purpose of custodial supervision is to protect the records from alteration, damage, or destruction). Accordingly, the "reasonable conditions" do not include anile or condition of inspection which operates to restrict or circumvent a person's right of access, AGO 75-50. "The courts of this state have invalidated measures which seek to impose any additional burden on those seeking to exercise thew rights to obtain records" under Ch 119, F.S. Inf. Op. to Cook, May 27, 2011.Andsee State v. Webb, 786 So. 2d 602 (Fla Ist DCA 200 1) (requiremem that persons with custody of public records allow records to be examined "at any reasonable time, under reasonable conditions" is not unconstitutional as applied to public records custodian who was dilatory in responding to public records requests). ' Note NCAA v. Associated Press 18 So 3d 1201, 1212 (1st DCA 2009) We are not persuaded that the Public Records law has an indirect effect on interstate commerce, but even if some effect had been established, we could not say that the law violates the dormant Commerce Clause. The Public Records law implements a right guaranteed to members of the public under the Florida Constitution and it therefore promotes a state interest of the highest order. The negligible impact the law might have on interstate commerce clearly does not outweigh the goal of ensuring open government. 3 of 11 Fla. Stat 8 13 Under the Public Records Act, "[e]very person who has custody of public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records„” See § 119.07(1)(a), Fla State 14 Under the Public Records Act, "[a]ny person shall have the right of access to public records for the purpose of making photographs of the record . " See § l 19.07(3)(a), Fla. Stat 10 15 Defendant, as an agency and custodian of records, has an obligation to provide any non-exempt public records for inspection, copying and photography upon request See § 119,07(1)(a)l1, §119.07(3)(a)12, Fla. Stat., Art. I, § 24, Fla. Const 13 Factual Backeround 16. On September 29, 2013 at 10:24 a.m., Plaintiff submitted a public records request via e-mail to the custodian of records of the Town of Gulf Stream. 17 Specifically, Plaintiff sought to obtain: Any photos of people ruling bicycles on North Ocean Boulevard in dee Town's public record (the "Photo Request") Said Photo Request is attached hereto and specifically incorporated s See Footnote "5". 9 See Footnote "2" "Note § 119.07(3)(a), Fla Stat Any person shall have the right of access to public records for the purpose of raking photographs of the record while such record is in the possession, custody, and control of the custodian of public records i 1 See Footnote "2". 2 See Footnote "10". 13 See Footnote" I" 4of11 herein as Exhibit A. 18. Some four (4) days after receipt of the Photo Request, on October 3, 2013, Defendant sent a letter to Plaintiff via e-mail, also received October 3, 2013, stating in relevant part: Our Staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond. (the "Initial Photo Response"). Said Initial Photo Response is attached hereto and specifically incorporated herein as Exhibit B 19. Some forty-two (42) days after receipt of Plaintiffs Photo Request, Defendant sent a letter to Plaintiff via e-mail on November 10, 2013, also received November 10, 2013, stating in relevant part. In response to the public records you have requested in your email dated September 29, 2013, that we acknowledged on October 3, 2013, be advised that no such records exist [emphasis added] (the "Final Photo Response") Said Final Photo Response is attached hereto and specifically incorporated herein as Exhibit C. 20. Upon information and belief; the requested public records are maintained by the Defendant in electronic form. 21. As of the date of this complaint, some seventy-two (72) days after Plaintiff s original public records request, Plaintiff has not received the requested public records 22. Plaintiff has requested that the responsive documents for the public records requests described herein be provided in electronic form and provided an E -Mail address to whom the response was to be sent 5of11 23 The records requested by the Plaintiff are public records that are readily accessible to Defendant 24. All of the records being sought by Plaintiff are public records pursuant to Section 119 011(12)14, Florida Statutes. 25 There is no statutory exemption that applies to any of the requested public records and the Defendant has cited none, 26. Violations of Section 119.07, Florida Statutes constitute an irreparable public injuryls. 27. Plaintiff has a clear legal right to insist upon the performance of the Defendant's duty to permit inspection, copying and photographing of public records 28 Section 119.11(1), Florida Statutes requires this matter be set for an immediate hearing w 29 All conditions precedent to this action have occurred or have been excused or waived. 30 Defendant's actions with respect to the public records requests discussed herein and in other public record requests made by Plaintiff and other parties, demonstrate a pattern of noncompliance with the Public Records Act and also a likelihood of future violations such that "Note § 119.011(12), Fla. Stat. "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. 15 Note Daniels v Bryson, 548 So. 2d 679,680 (Fla. 3d DCA 1989) The impermissible withholding of documents otherwise required to be disclosed constitutes, in and of itself, irreparable injury to the person making the public records request. Since the purpose of Chapter 119 is to afford disclosure of information without delay to any member of the public making a request, nondisclosure prevents access to the information and is an injury not ordinarily compensable in damages. re See Footnote "3". 6of11 injunctive relief is appropriate. Count I —Unlawful Withholding of Public Records: Unreasonable Delay for the Production of Photo in Electronic Form 31. Plaintiff re -alleges and incorporates by reference paragraphs 1 through 30 as if fully alleged herein. 32. The Defendant's refusal to allow Plaintiff to inspect the requested public records violates Article I, Section 24(a) of the Florida Constitution, Section 119.07(1)(a), Florida Statutes17 and is inconsistent with well-established case law18 33. Section 119.01(2)(f), Florida Statutes provides, "An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium." 34. "The only delay permitted by the Act is the limited reasonable time allowed the custodian to retrieve the record and delete those portions of the record the custodian asserts are exempt " Tribune Co. v. Cannella, 458 So. 2d 1075, 1079 (Fla. 1984) 35. Despite Plaintiff's request of obtaining a copy of the requested photo in digital (or electronic) form, some seventy-two (72) days after the Defendant received Plaintiffs original Photo Request, Defendant still has not offered to provide same to Plaintiff under any terms. 36 The above described seventy-two (72) day delay is unreasonable and in violation of "See Footnote "2" � e See Bell v. Kendrick 6 So 868 (Fla 1889) (public records belong "to the public office and not to the officer-"); See also State ex .rel. Davidson v. Couch 156 So 297 (Fla 1934); See also City of Gainesville v. State ex. rel. International Association of Fire Fighters Local No. 2157 298 So 2d 478 (1st DCA 1974) (records that "are made by a city employee in the normal course of conducting the city's business are materials which are open to the citizens of this slate for inspection."); See also State ex rel. Veale v. City of Boca Raton 353 So. 2d 1194 (Fla. 4th DCA 1977) (the Public Records Act "requires the public official with custody of a public record to disclose it to any member of the public, including the media, who wishes to inspect it Non -disclosure is permitted only if there is an exemption provided" by statute.); See also News -Press Publishing Co. v. Gadd. 388 So. 2d 276,278 (Fla. 2d DCA 1980) ("Absent a statutory exemption, a court is not free to consider public policy questions regarding the relative significance of the public's interest in disclosure and the damage to an individual or institution resulting from such disclosure") 7ofII the Public Records Act. Count II — Automatic Delay: the Production of Photo in Electronic Form 37, Plaintiff re -alleges and incorporates by reference paragraphs l through 36 as if fully alleged herein, 38 In its Initial Photo Response, Defendant imposed an automatic delay by refusing to respond except "within three business days," even though the Photo Request was received four (4) days prior to the date appearing on the Defendant's Initial Photo Response and the requested records were readily available to the Defendant at that time. 39. The Defendant's imposition of an automatic delay has no statutory basis and is, therefore, in violation of the Public Records Act 19 Attorneys' Fees 40 The Public Record Act provides that "[i]f a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys' fees " See § 119 12, Fla Stat. 41 Plaintiff has retained counsel in this matter only for the limited purpose of assisting in the preparation of this complaint, however, he reserves the right to retain counsel in this matter 19 See Tnbune Co. v. Cannella 458 So 2d 1075 (Fla., 1984) ("We hold that no automatic delay is permitted., " and "an automatic delay, no matter how short, impermissibly interferes with the public's right, restrained only by the physical problems involved in retrieving the records and protecting them, to examine the records The legislature has placed the books on the table; only it has the power to alter that situation."); See also Gmsld v. City of Alachua. 31 So.3d 193 (Fla App., 2010); See also Rechlerv. Town ofManalaoan No. CL 94-2724 AD (Fla. 15th Cir.. Ct. November 21, 1994), affirmed, 674 So. 2d 789, 790 (Fla. 4th DCA 1996), revimp denied, 684 So. 2d 1353 (Fla 1996); See also State v. Webb 786 Sold 602 (Fla. App., 2001). 8of11 for additional purposes and therefore asserts his statutory claim to attorney's fees and expenses for the preparation of this complaint and any additional purposes for which attorney's fees and expenses are incurred in this matter. Relief Requested WHEREFORE, Plaintiff prays this Court: (a) Set an immediate hearing pursuant to Section 119.11, Florida Statutes;20 (b) Declare that the Defendant's failure to provide Plaintiff with access to the requested public records was unconstitutional and unlawful under Article I, Section 24 of the Florida Constitution21 and the Public Records Act?' - (c) Order the Defendants to allow the inspection, copying and photographing of the requested records (upon payment of the statutorily authorized fees); (d) Order the Defendants to provide a copy of the requested records in its original electronic form; (e) Enjoin the Defendant from denying access to records which are subject to the Public Records Act. 23 (f) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this ° See Footnote "3". See Footnote "1". See Footnote "2". " Note Government -In -The -Sunshine -Manual page 172 Injunctive relief may be available upon an appropriate showing for a violation of Ch 119, F , See Daniels v. Bryson, 548 So 2d 679 (Fla 3d DCA 1989) (injunctive relief appropriate when: there is a demonstrated pattern of noncompliance with the Public Records Act, together with a showing of likelihood of future violations; mandamus would not be an adequate remedy since mandamus would not prevent future harm) Defendant's actions clearly demonstrate the high likelihood, in not the certainty, that such unlawful conduct will continue and the urgent need for injunctive relief from this court. 9ofII action, as provided in Section 119 12, Florida Statutes;24 and (g) Grant such further relief as the Court deems proper, Dated. I Ai" 10 2013 as See Verified Complaint at "40" Respectfully submitted, PREPARED WITH ASSISTANCE OF COUNSEL CHRISTOPHER F. OHARE, as Pro Se 2520 Avenge Au Soleil Gulf Stream, FL 33483 Telephone. (561) 588-8920 pinegd@gmail.com 10 of 11 VERIFICATION STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared Christopher F. O Hare, who, being first duly identified and sworn, deposes and says that this VERIFIED COMPLAINT is based on records and information known to him, and are true and correct to the best of hinngwledge, information, and belief M Name. STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) Sworn to, affirmed, and subscribed before me this a day of DA! 9Mi„ce./ , 2013, by Christopher F. O'Hare, NOTARY PUBLIC STATE OF FLORIDA Sign: V uv- Cy Print. I /aa, L. (SEAL) a°' rv�4e TINA LMARTIN i x MY COMMISSION 1 DO 999550 EXP IAES: Juty 10, 2014 Ecr6dTNU Budg=l Www StMns Please indicate: Personally Known: _j/ OR Produced Identification: Type of Identification Produced: 11 of 11 EXI BH IT "'A" EXI BH IT ■res■ The Town's acknowledgement of the above Public Records Request. dated October 3. 2013 is reproduced in the space below. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA October 3. 2013 chrisoharegulfstream asnnail com Re: PUBLIC RECORDS REQUEST - bicycles Any photos of people riding hicvcles on North Ocean Boulevard in the Toi n:r public record Dear chrisohnregulfstrcam(%igmail.com, The Town of Gulf Strearn has rccciced )our public records request dated September 29, 2013. If your request was rccciced in writing, then Ore first page of Ilett request is nitached to Osis cc%er letter. If your request was verbal, then the description of 3 our public records request is set forth in the space below Our staff will review your request within the next three business days, and we will promptl}' send you die appropriate response or an estimated cost to respond. Sinccrcly, Town Clerk Custodian of die Records Your orieinal request, dated September 29, 2013, is reproduced in the space below: From: Chris O'Hare[mallto:chrisoharegulfstream@gmail.mm] Sent: Sunday, September 29, 2013 10:25 AM To: Bill Thrasher Subject: PUBLIC RECORDS REQUEST - bicycles THIS IS A PUBLIC RECORDS REQUEST of the Town of Gulf Stream Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any photos of people riding bicycles on North Ocean Boulevard In the Town's public record 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 §11g.07(1)(f) of the Florida Statutes. Please take note of §119..07(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 whethersuch a record exists and, if so, the location at which the record can be accessed' I am, therefore, requesting that you notify every individual In possession of records that may be responsive to this public records request to preserve all such records on an immediate basis If the public records being sought are maintained by your agency in an electronic format please produce the records In the original electronic format in which they were created or received. See §119 011(2)(f), Florida Statutes If you anticipate the production of these public records to exceed $100 please notify me in advance of their production 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. All responses to this public records request should be made in writing to the following email address: chdsoharegulfstream@gmail cam EXIBHIT "C" TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA November 10, 2013 Chris O'Hare Imailto:chrischareoulfstreamna omail.coml Re: PUBLIC RECORDS REQUEST- bicycles Any photos of people riding bicycles on North Ocean Boulevard in the Town's public record Dear chrisoharegulfstream@gmail com, In response to the public records you have requested in your email dated September 29, 2013, that we acknowledged on October 03, 2013, be advised that no such records exist Sincerely, Town Clerk Custodian of the Records Your orieinal request, dated September 29, 2013, is reproduced in the space below: From: Chris O'Hare [mailto:chrisoharegulfstream@gmall.mm] Sent: Sunday, September 29, 2013 10:25 AM To: BIII Thrasher Subject: PUBLIC RECORDS REQUEST- bicycles THIS IS A PUBLIC RECORDS REQUEST of the Town of Gulf Stream Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any photos of people riding bicycles on North Ocean Boulevard in the Town's public record. 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 Please take note of §119 07(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 in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by 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. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production 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. All responses to this public records request should be made in writing to the following email address: chrischaregulfstream@gmall.com IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CHRISTOPHER F O'HARE, Plaintiff, V. El COPY RECEIVED FOR FILING OCT - 9 2013 SHARON R, BOCK CLERK & COMPTROLLER CASE NO.: CIRCUIT CIVIL DIVISION TOWN OF GULF STREAM, WO— Defendant, VERIFIED COMPLAINT TO ENFORCE FLORIDA'S PUBLIC RECORDS ACT AND FOR DECLARATORY AND MONETARY RELIEF The Plaintiff, Christopher F. O'Hare, ("Plaintiff'), without counsel as a Pro Se litigant, hereby sues the Town of Gulf Stream, ("Defendant" or the "Town"), and as grounds therefore alleges as follows: 1. This action concerns the Defendant's violation of Plaintiffs civil rights pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119, Florida Statutes (2012), (the "Public Records Act' ). 2. This action seeks declaratory and monetary relief. 3. Specifically, Plaintiff seeks an order declaring the Defendant to be in breach of its constitutional' and statutory'- duty to permit access to public records, and compelling the Note Article I Section 24, Fla Const. Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution This section specifically includes the legislative, executive, andjudicial branches of government and each agency or department created thereunder: counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution. Note § 1I9.0711)(a), Fla. Stat 1 of 14 Defendant to provide access to the requested public records and awarding Plaintiff his attomey's fees and costs. Additionally, Plaintiff requests this matter be expedited pursuant to Section 1 19.1 1( I ), Florida Statutes3. Jurisdiction and Venue 4 This Court has subject matter jurisdiction pursuant to Article V, Section 5(b) of the Florida Constitution, and Section 1 19.11, Florida Statutes. 5. This Court has personal jurisdiction over the Defendant, because the Defendant is a public agency in Palm Beach County. 6. The causes of action in the instant case accrued in Palm Beach County; therefore, this Court is the appropriate venue for the vindication of Plaintiff's civil rights. The Parties 7. Plaintiff is a Florida citizen who resides in Palm Beach County. 8. Plaintiff is a "person" as that term is used in the Public Records Act See § 119.07(I)(a), Fla, Stat a 9. The Defendant is an "agency" pursuant to Section 119.011(2), Florida Statutes s Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records ' Note § 119 11(]), Fla, Stat. Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases ' See Footnote -2" ' Note § 119.011(2), Fla Stat. "Agency" means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or odor separate unit of government created or established by law including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission_ and the Office of 2of14 10. The Defendant has a duty to permit the inspection, copying, and photography of Defendant's public records by any person desiring to do so, at a reasonable time, under reasonable conditions, and for reasonable costs. (Emphasis added) See § 119.07, Fla. Stat.; Art. 1, § 24, Fla.. Const. Florida's Public Records Act 11. Florida's Public Records Act implements a right guaranteed to members of the public under the Florida Constitution and it therefore promotes "a state interest of the highest order." See NCAA v. Associated Preys, 18 So. 3d 1201, 1212 (1 st DCA 2009)7. 12. The right of access to public records applies to "any public body, officer, or employee of the state, or persons acting on their behalf.." Art.. 1, § 24, Fla. Const.; see also § 119.01 ] (2), Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. "Note Govemment-In-The-Sunshine-Manual 2012 Edition, page 144. The term "reasonable conditions" as used ins. 119.07(1)(a), F S, "refers not to conditions which must be fulfilled before review is permitted but to reasonable regulations that would permit the custodian of records to protect them from alteration, damage, or destruction and also to ensure that the person reviewing the records is not subjected to physical constraints designed to preclude review " Wait v Florida Posner & Light Company. 372 So 2d 420, 425 (Fla 1979). See also State es rel, Davis v. McMillan. 38 So. 666 (Fla 1905); and Tribune Companv v Cannella, 458 So 2d 1075, 1078 (Fla. 1984), appeal dismissed sub nom. DePerte v. Tribune Company. 105 S Cr 2315 (1985) (the sole purpose of custodial supervision is to protect the records from alteration, damage, or destruction) Accordingly, the "reasonable conditions' do not include a rule or condition of inspection which operates to restrict or circumvent a person's right of access AGO 75-50. "The courts of this slate have invalidated measures which seek to impose any additional burden on those seeking to exercise their rights to obtain records" under Ch 119, F.S. Inf Op. to Cook, May 27, 2011. And see Stare v. Webb, 786 So. 2d 602 (Fla. 1st DCA 2001) (requirement that persons with custody of public records allow records to be examined "at any reasonable time, under reasonable conditions" is not unconstitutional as applied to public records custodian who was dilatory in responding to public records requests). ' Note NCAA v. Associated Press 18 So 3d 1201, 1212 (1st DCA 2009) We are not persuaded that the Public Records law has an indirect effect on interstate commerce, but even if some effect had been established, we could not say that the law violates the dormant Commerce Clause. The Public Records law implements a right guaranteed to members of the public trader the Florida Constitution and it therefore promotes a state interest of the highest order The negligible impact the law mieht have on interstate commerce clearly does cot outweigh the goal of ensuring open government. 3of14 Fla. Stats 13. Under the Public Records Act, "[e]very person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records." See § 1 I9.07(1)(a), Fla. Stat.9 14. Under the Public Records Act, "[a]ny person shall have the right of access to public records for the purpose of making photographs of the record..." See § I I9.07(3)(a), Fla Stat.10 15. Defendant, as an agency and custodian of records, has an obligation to provide any non-exempt public records for inspection, copying and photography upon request. See § 119 07(t)(a)11, §119.07(3)(a)1'-, Fla. Stat.; Art 1, § 24, Fla. Const13 16 If the Defendant, as an agency and custodian of records, believes that the content of the records, or any portion thereof, are exempt from inspection or disclosure, "shall state in writing and with particularity the reasons for the conclusion that the record is exempt or confidential," "including the statutory citation to an exemption created or afforded by statute." See § 119 07(1)(f), Fla. StatYl ° See Footnote 'T' " See Footnote "2" "Note § 119 07(3)(a), Fla. Stat Any person shall have the right of access to public records for the purpose of making photographs of the record while such record is in the possession, custody, and control of the custodian of public records See Footnote 'T'. �'- See Footnote "10". See Footnote "I". 1' Note § 119 07(l)(e-t), Fla Stat 4 of 14 Factual Background 17. On October 28, 2011, an incident occurred at Plaintiffs residence, which was summarized in a Gulf Stream Police Department Incident Report 11-1791. It is clear that this Incident Report is electronically generated and maintained. Said Incident Report is attached hereto and specifically incorporated herein as Exhibit A. 18, On June 21, 2012, Plaintiff, through his representative, submitted a Demand for Preservation of Information (or a spoilation letter) to various representatives of the Town of Gulf Stream - namely, an Officer Ginsberg, Police Chief Ward and Town Manager Thrasher - requesting that all electronic records, including databases and metadata files, related to the 11- 1791 Incident Report, amongst others, be preserved in their electronic form and suspended from routine destruction. Said spoilation letter is attached hereto and specifically incorporated herein as composite Exhibit B. 19. On June18, 2013 at 11:33 a.m., Plaintiff, through his representative, submitted a public records request via e-mail to the custodian of records of the Town of Gulf Stream, 20, Specifically, Plaintiff sought to obtain: (1) Any and all support documentation, pictures, etc. related to the preparation of Gulf Stream Police Department Incident Report No. 11-1791, submitted by Officer David S. Ginsberg, Officer No. 787, and dated October 28, 2011; and (2) Any and all notes, research files, communications, etc., utilized by OjTcer David S. Ginsberg in the preparation of the above referenced Itrcident Report No. 11-1791; and (e) If the person who has custody of a public record contends that all or part of the record is exempt from inspection and copying, he or she shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute (f) If requested by the person seeking to inspect or copy the record, the custodian of public records shall state in writing and with particularity the reasons for the conclusion that the record is exempt or confidential. 5of14 (3) Any and all notes, research files, communications, etc. to and from Officer David S. Ginsberg regarding the above referenced Incident Report No. 11-1791, including, but not limited to, any communications after the filing of said incident report; and (4) Evidence of the exact date Officer David S. Ginsberg filed the above referenced Incident Report No. 11-1791; and (5) The incident reports for the "nvo burglaries [just had] in Tonin of unoccupied !rouses" as referenced by Officer David S. Ginsberg in Incident Report No. 11-1791. (the "Request") Said Request is attached hereto and specifically incorporated herein as Exhibit C 21. On August 21, 2013, at 2:09 PM, having had no response from the Town on his public records request, again through his representative, sent an e-mail to the custodian of records of the Town of Gulf Stream requesting that the responsive documents be provided in electronic format, and provided an E -Mail address for the response to be sent to (the "Follow -Up Request"). Said Follow -Up Request is attached hereto and specifically incorporated herein as Exhibit D. 22. Upon information and belief, most, if not all, of the requested records are maintained by the Defendant in electronic form. 23. On September 1, 2013, some 73 days after Plaintiff's original Request, Plaintiff received via telecopy a letter from Defendant, dated August 31, 2013, which stated "I expect to have an estimate of cost for you within a week." Said telecopy letter is attached hereto and specifically incorporated herein as Exhibit E 24 On September 10, 2013, some 82 days after Plaintiffs original Request, Plaintiff received via telecopy a letter from Defendant, dated September 9, 2013, which stated which records were available, and that for a cost of $20.72, that Defendant would `commence work" on 6 of 14 the request. The $20.72 incorporated an "estimated" $20 charge for labor and $.72 for (9) nine single -sided copies. Said telecopy letter is attached hereto and specifically incorporated herein as Exhibit F. 25. Oa September 12, at the direction of the custodian of records of the Town of Gulf Stream, Rita Taylor, Plaintiffs representative made yet another follow-up public records request, this time to Chief of Police Garrett Ward via e-mail. 26. Specifically, Plaintiff sought to obtain: Evidence of the exact date Officer David S. Ginsberg filed the above referenced Incident Report No. 11-1791 (same as item no. 4 an the original public records request). (the "Second Follow-up Request"). Said Second Follow-up Request is attached hereto and specifically incorporated herein as Exhibit G Count I — Imposition of an Unlawful Fee 27. Plaintiff re -alleges and incorporates by reference paragraphs l through 26 as if fully alleged herein. 28. The records being sought by Plaintiff are public records pursuant to Section 119.01 1(12)15, Florida Statutes. 29. Section 1 19.07(4), Florida Statutes states that "The custodian of public records shall famish a copy of the record upon payment of the fee prescribed by law." 30. The Defendant imposed a fee of S.72 for copies in addition to a fee of $20 for labor. 31. The Defendant made it clear that Plaintiff would not be able to receive the requested 15 Note S 119.011(12), Fla. Stat. "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical forth, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency 7 of 14 records until the fee was paid. 32. Plaintiff requested the responsive documents be provided in electronic form and provided an E -Mail address for the response to be sent to 33. Upon information and belief, most, if not all, of the requested records are maintained by the Defendant in electronic form. 34 Section I I9.01(2)(f), Florida Statutes provides, "An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium." 35. For electronic records, the agency may only charge the "actual cost of duplication." See, § 119.07(4), Fla Stat (2012), Op. AtCy Gen. Fla. 2013-03 (2013). 36. Section 119 07(4)(d), Florida Statutes provides: If the nature or volume of public records requested to be inspected or copied pursuant to this subsection is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both (emphasis added). 37. Section 119.0110 ), Florida Statutes provides that the actual cost of duplication "means the cost of the material and supplies used to duplicate the public record, but does not include labor cost or overhead cost associated with such duplication." 38. The actual cost of duplication of the requested records is substantially less than 5.72 39. Defendant has imposed an unlawful fee upon Plaintiff by billing Plaintiff for labor costs in addition to per page copy charges which exceed the actual cost of duplication, in 8of14 contravention of the Public Records Act. 40. Additionally, upon information and belief, the $20 fee for "one hour labor' is excessive for just nine (9) copies, and is not a reasonable estimate of Defendant's costs for reproducing the requested records. 41, For the reasons stated above, the $20.72 that was required by Defendant to satisfy the Town's supposed response to Plaintiffs Records Request constitutes the imposition of an unlawful fee in violation of the Public Records Act. Count II — Unlawful Withholding of Public Records - Electronic Format 42. Plaintiff re -alleges and incorporates by reference paragraphs 1 through 41 as if fully alleged herein. 43.. The Plaintiff requested the responsive documents be provided in electronic form and provided an E -Mail address for the response to be sent to. 44. Upon information and belief, most, if not all, of the requested records are maintained by the Defendant in electronic form - especially the copies of the incident reports and attached pictures. 45. Defendant has refused to provide any of the requested documents in electronic form, despite the fact that the information requested is maintained electronically, and by virtue of a previous spoilation letter, is supposed to be preserved. 46. Defendant has refused to provide the following requested documents, again, despite the fact that the information requested is maintained electronically, and by virtue of a previous spoilation letter, is supposed to be preserved, namely: Evidence ofthe exact date Officer David S. Ginsberg filed the above referenced Incident Report Na. 11-179 (item no. 4 on the original public records request). 9of14 47. Defendant has refused to provide the following portion of the requested documents: Tire incident reports for the "two burglaries (fast had] in Town of unoccupied houses" as referenced by Officer David S. Ginsberg in Incident Report Aro. 11-1791. (item no. 5 on the original public records request). While the request was the stated "two burglaries in Town of unoccupied houses as referenced by Officer David S. Ginsberg in Incident Report No. I I-1791," the records provided the Town were of burglaries of occupied houses. 48 Section 1 19.01(2)(f), Florida Statutes provides, "An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium." 49. Defendant's refusal to provide the responsive documents in the medium requested is in violation of Section I I9.01(2)(f). 50. There is no statutory exemption that applies to the requested public records and the Defendant has cited none. 51. The Defendant's refusal to allow Plaintiff access to the requested public records violates Article 1, Section 24(a) of the Florida Constitution, Section 119.07, Florida Statutes, 52. Violations of Section 119 07, Florida Statutes constitute an irreparable public injury16. 53. Plaintiff has a clear legal right to insist upon the performance of the Defendant's duty to permit inspection, copying and photographing of public records. Note Daniels v Bryant, 548 So. 2d 679, 680 (Fla 3d DCA 1989) The impermissible withholding of documents otherwise required to be disclosed constitutes, in and of itself, irreparable injury to the person making the public records request. Since the purpose of Chapter 119 is to afford disclosure of information without delay to any member of the public making a request, nondisclosure prevents access to the information and is an injury not ordinarily compensable in damages 10 of 14 54. Section 119.11 (1), Florida Statutes requires this matter beset for an immediate hearing.17 55. All conditions precedent to this action have occurred or have been excused or waived. Count M — Unlawful Withholding of Public Records - Automatic Delay 56. Plaintiffre-allegesand incorporates by reference paragraphs 1 through 55 as if fully alleged herein. 57. Defendant's use of their August 31, 2013 reply letter, wherein the Defendant stated "I expect to have an estimate of cost for you within a week." constitutes the imposition of an automatic delay, which has no statutory basis and is, therefore, unlawful ts. Attornevs' Fees 58. The Public Record Act provides that "[i)f a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys' fees " See § 119.12, Fla. Stat. 59. Plaintiff has retained counsel in this matter only for the limited purpose of assisting in the preparation of this complaint, however, he reserves the right to retain counsel in this matter "See Footnote "3" 1A See Tribune Co. v. Cannella, 458 So 2d 1075 (Fla, 1984) . "We hold that no automatic delay is permitted..." and "an automatic delay, no matter how short, impermissibly interferes with the public's right, restrained only by the physical problems involved in retrieving the records and protecting them, to examine the records. The legislature has placed the books on the table; only it has the power to alter that situation" See also Gmnski v. City of Alachua, 31 So3d 193 (Fla. App , 2010); See also Rechler v. Town of Manalaaan. No. CL 94-2724 AD (Fla. 15th Cir. Ct November 21, 1994), affirmed, 674 So. 2d 789, 790 (Fla. 4th DCA 1996), reviety denied, 684 So 2d 1353 (Fla. 1996); See also State v. Webb, 786 So 2d 602 (Fla. App., 2001) ll of 14 for additional purposes and therefore asserts his statutory claim to attorney's fees and expenses for the preparation of this complaint and any additional purposes for which attorney's fees and expenses are incurred in this matter. Relief Requested WHEREFORE, Plaintiff prays this Court: (a) Set an immediate hearing pursuant to Section 119.11, Florida Statutes;le (b) Declare that the Defendant's failure to provide Plaintiff with access to the requested public records was unconstitutional and unlawful under Article I, Section 24 of the Florida Constitution'' -0 and the Public Records Act;'' -t (c) Order the Defendant to produce copies of all the requested records (upon payment of the statutorily authorized fees); (d) Order the Defendant to provide copies of all the requested records to Plaintiff in electronic format (for the records that are so maintained); (e) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this action, as provided in Section 119.12, Florida Statutes;''-- and (f) Grant such further relief as the Court deems proper. 19 See Footnote 'T' " See Footnote "I" 't See Footnote "2- 22 T'2222 See Verified Complaint at "58 " 12 of 14 Dated: (-1)6-r a 2013 Respectfully submitted, PREPARED WITH ASSISTANCE OF COUNSEL O'HARE, as Pro Se 2520 Avenue Au Soleil Gulf Stream, FL 33483 Telephone: (561) 588-8920 pineed(@..2mail.com 13 of 14 VERIFICATION STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned authority, personally appeared Christopher F. O'Hare, who, being first duly identified and sworn, deposes and says that this VERIFIED COMPLAINT is based on records and information known to him, and are true and correct to the best of his knowledge, information, and belief M Name: STATE OF FLORIDA ) ) SS COUNTY OF BROWARD ) ((//�� Sworn to, affirmed, and subscribed before me this `aay of A 2013, by Christopher F. O'Hare. NOTARY PUBLIC STATE OF FLORIDA Sigo:064�, cy. / v `c+'t Y L - Print: I /17# L. t7� (SEAL) ol, ,u% TMALWMN # MYGOWISSHMtDDA9M E%PINES:Ju¢10,2014 rial k* Notary Sm= dle B03" Please indicate: Personally Known: V OR Produced Identification: Type of Identification Produced: 14 of 14 F*A,�' ■ l�� 581-737-0198 Unel 04:22:07 p m 04-03-2012 112 W 2 W a - my- W W °2 W W >L W S- ❑ r Z j '� (/J Z W� �� ❑® O xN LL^a m xN a..q S OWW<(9G❑=�ZOYZ 0 aWW rr z� ^ y � wO�NZ F$O:DO r mS7OOem ZO N m F= FW�WJ �3¢m N 0110 W S7Ozi>WZ 0L99 �m Uw0000 Wmr Ua <y"'1 r W}� 2 > O C=1 U- JWU❑W❑ LO }-' w Gn w �O qO UO W- OLLz?wmWWC:O ❑ F-00 Mm❑VyLL� WW O m �',r UF{ y w <p< W Y z O U' w❑2¢z W$Z OZ z >i L=OOlm- w WF Z❑�> WUWQ a a aO=W �awi� KZ r<QEJ� 2r Z 0: NO m J a❑ �0=1LLi. 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S L ❑ NUOO= 6F -02<i Noz OrWW�❑❑W } cF �j Q M q O_S>0K-o _MW W �=Zo❑a0Ya (D g z0 r� o z¢WY lam❑ (.7 y ti O_ > rJ z� z C7 LL W H u rc ❑WO Yrm zJ=ZWm j0=< mr¢¢•1W--❑<0' W (�� U❑ UJ S ¢ W 5 r N OwnNM= r VI.•� U zZ �O au. m O a W ❑ w FSw0003i W=SUMZW F z� m IC 0.m W<rN Q6 fJ }m mLl K 0- a d ¢ ZM >dQVIJW W�❑❑ 0 W UO �> ❑CI Wm a R 17jm0¢yfwwaz �pO�SW N LLO O _¢ OO 0OO tt O W V w K �. 0 7W C2¢UGOY in ZZI�F¢T-j mUma<m W tl LL j� W W$m�-SOi F -Z W O� �o ON >o m0 O ❑ Y ma_, w, m r e m \( \ �\ 1 ww t = cc (m � k tlj §°0 ° \ \� \ \\ ;; \ kk o ( e� E ` § k Lij » } )§ LLI\ §® ` IL } IL §2 /o(\ ■ ul 4 / (§ , §' § §6 §� -_ @{ (/ \ \ ! ! % E: § w) 7 §k§§k N\ \\ )% 0 w/ \E -! §/ 2a a; V3 §e§/ ° i; §\k§ § Ln } \ !0k` 2 0 . _ Ib? NESnnnd 5&�;Suite I?.1 &i lrptpn, n8ridr33M - - rcf�i�� June 21. 2012 Officer David Ginsburg Town of Gulfstream 100 Sea Road Gulfstream. FL 33453 Via Federal Groress M1.v Z., Y x. 4it5 ovabm,;t; dioumun, )vfont�tia 39ti te) 9r16 -i92 -T? fnz-llk�&2-0150 Re: O'Hare adv. Torun of Gulf Sucain et al/ Demand for Preservation of Information Dear Sirs: Plcase be adt iacd that I represent Mr. and Mrs. Christopher O'Hare with regard to their claims arising from the unlawful conduct of Officer Ginsberg that accuned at 2520 Avenue Au Soleil on: 10/28/11: 12/27111: 12/2S/l 1: 3/i/I 2: and 3120/12 ("Incidents"). Demand is hereby made for you to take all reasonable and necessar% action to preserve all documents. tangible things or electronically stored information that has any reference or connection in any way to the above Incidents. For purposes of this rcqut:st, the term "you" and "your' refers to \,ir. Thrasher. Officer Ginshur_, Chief Ward and the Town of Gulf Stream generally. It is expected that much of the ink iiiation within the scope of the demand may be stored on ynur current and former computer systems and other media and devices. As to electronically stored information t"ESf'1 this should be afforded the broadest possible definition. Accordingly. ESI includes (hy uay of example and not as an exclusive list) any potentially Me%ant'nformutinn that is electronically. magnetically or optically stored as: • Digital communications te.g., c -mail, voice mail. instant messaging): • lirurd processed documents (e.g.. Woad or WordPerfect documents and drafts): • Image and Fuesimile Files (c.g...PDF. .TIFF, JPG..GIF images): • Sound Recordings Ig. g.. WAV and AIM tiles): • Video Reeurdings te.g.. A% -I and A4OV tiles): • Databases log... Access. Oracle- SQL Server data. SAP 1: • Contact and Relationship llarurgcment Data (cg.. Outlook. ACT!): • Calendar and Diary Applirntion Data re.g.. Outlook PST. Yahoo. hlog tools): • Onlinc Access Data Ic.g-. Temporary Intemet Files. History, Cookies): Demand for Preservation of Evidence Page 2 of 5 Network Access and Server Activity Logs: and • Back Up and Archival Files (e.g.. Zip, .GHO) Preservation Requires Immediate Intervention It is essential that you understand that adequate preservation of information requires more than simply refraining from efforts to destroy or dispose of potentially relevant evidence. You must immediately act to intervene in preventing loss due to routine operations and employ proper techniques and protocols suited for the protection of any information that is within the scope of this demand. Be advised that sources of ESI are commonly altered and erased by continued use of computers and other electronic devices that contain ESI. Booting a drive, examining its contents or runnine any application may irretrievably alter the information it contains and may constitute unlawful spoliation of evidence. Consequently. alteration and erasure may result from your failure to act diligently and responsibly to prevent loss or corruption of ESI. This specific reference to ESI should be understood to diminish your concurrent obligation to preserve documents and other tangible things that potentially contain relevant evidence. Suspension of Routine Destruction You are further directed to immediately initiate a litigation "hold" procedure for potentially rclevant ESI, documents and tangible things, and to act diligently and in good faith to secure and audit compliance with such litigation "hold" procedure. You are further directed to immediately identify and modify or suspend features of your information systems and devices that, in routine operation, operate to cause the loss of potentially relevant ESI. Examples of such features and operations include: • Purging the contents of e-mail repositories by age. capacity or otter criteria: • Using data or media wiping. disposal, erasure or encryption utilities or devices: • Overwriting. erasing, destroying or discarding back up media; • Re -assigning, re-imaging or disposing of systems, servers, devices or media: • Running antivirus or other programs affecting wholesale metadata alteration; • Releasing or purging online storage repositories; • Using metadata stripper utilities: • Disabling server or IM logging: • Executing drive or file defragmentation or compression programs. Guard Against Deletion You should anticipate that your individuals with access to FSI and other information may seek to hide, destroy or alter it. You are directed to take action to prevent or guard against such actions. Especially where government machines have been used for Internet access or personal communications, you should anticipate that user may seek to delete or destroy information dtey regard as personal. confidential or embarrassing and. in so doing, may also delete or destroy Demand for Preservation of Evidence Page 3 of 5 potentially relevant ESI. This concern is not one unique to the Town of Gulf Stream or its employees and officer. It's simply an event that occurs with such regularity in electronic discovery efforts that any custodian of ESI and their counsel are obliged to anticipate and guard against its occurrence. Preservation by Imaging You are also directed to take affirmative steps to prevent anyone with access to data, systems and archives from seeking to modify. destroy or hide electronic evidence on network or local hard drives (such as by deleting or overwriting Files, using data shredding and overwriting applications, defragmentation, re-imaging or replacing drives, encryption, compression, steganography or the like). With respect to local hard drives, one way to protect existing data on local hard drives is by the creation and authentication of a forensically qualified image of all sectors of the drive. Such a forensically qualified duplicate may also be called a bit stream image or clone of the drive. Be advised that a conventional back up of a hard drive is not a forensically qualified image because it only captures active, unlocked data fries and fails to preserve forensically significant data that may exist in such areas as unallttcated space, slack space and the swap file. With respect to the hard drives and storage devices of the individuals named herein as well as any other person likely to have information pertaining to any of the above instances, demand is made for you to immediately obtain, authenticate and preserve forensically qualified images of the hard drives in any such computer system (including portable and home computers) used by that person from August 29.2011 through the date of this demand. Demand is further mnde for you to record and preserve the system time and date of each such computer. Once obtained, each such forensically qualified image should be labeled to identify the date of acquisition, the person or entity acquiring the image and the system and medium from which it was obtained. Each such image should be preserved without alteration. Preservation in Native Form You should anticipate that certain ESI will be sought in the form or forms in which it is ordinarily maintained. Accordingly, you should preserve ESI in such native forms. and you should not select methods to preserve ESI that remove or degrade the ability to search your ESI by electronic means or make it difficult or burdensome to access or use rite information efficiently in the litigation. You should additionally refrain from actions that shift ESI from reasonably accessible media and forms to less accessible media and forms if the effect of such actions is to make such ESI not reasonably accessible. Metadata You should further anticipate the need to disclose and produce system and application metadata and act to preserve it. System metadata is information describing the history and characteristics of other ESI. This information is typically associated with tracking or managing an electronic file and often includes data reflecting a file's name, size. custodian, location and dates of creation and last modification or access. Application metadata is information automatically included or embedded in electronic fries but which may not be apparent to a user, including deleted content. Demand for Preservation of Evidence Page 4 of 5 draft language. commentary, collaboration and distribution data and dates of creation and printing. Be advised that mctadata may be overwritten or corrupted by careless handling or improper steps to preserve ESL For electronic mail, mctadata includes all header routing data and Base 64 encoded attachment data. in addition to the: To, From. Subject, Received Date, CC and BCC Fields. Servers With respect to servers like those used to manage electronic mail (e.g., Microsoft Exchange, Lotus Domino) or network storage (often called a user's "network share"), the complete contents of each user's network share and e-mail account should be preserved. There are several ways to preserve the contents of a server depending upon. e.g., its RAID configuration and whether it can be downed or must be online 24/7. Home Systems, Laptops, Online Accounts and Other ESI Venues It is expected that you will act swiftly to preserve data on off -ice workstations and servers and immediately determine if any home or portable systems contain potentially relevant data. To the extent that persons may have sent or received potentially relevant a -mails or created or reviewed potentially relevant documents away from the office, you must preserve the contents of systems. devices and media used for these purposes (including not only potentially relevant data from portable and home computers. but also from portable thumb drives. CD -R disks and the user's PDA, smart phone. voice mailbox or other forms of ESI storage). Similarly, the contents of browser -based email accounts or services (such as AOL, Gmail, Yahoo Mail or the like) used to send or receive potentially relevant messages and attachments, should be preserved. Ancillary Preservation You must preserve documents and other tangible items that may be required to access, interpret or search potentially relevant ESI. such as logs, naming protocols, file lists, data entry forms. abbreviation keys, user ID and passwords. You must also preserve any cabling, drivers and hardware that may be needed to access or interpret media on which ESI is stored. This includes tape drives, bar code readers. Zip drives and other legacy or proprietary devices. Paper Preservation of ESI is Inadequate As hard copies do not preserve electronic searchability or metadata. they are not an adequate substitute for, or cumulative of. electronically stored versions. If information exists in both electronic and paper forms. you should preserve both forms. Third Parties Your preservation obligation extends beyond ESI in your care, possession or custody and includes ESI in the custody of otters that are subject to your direction or control. Accordingly, you must notify any current or former employee, custodian or contractor in possession of potentially relevant ESI to preserve such ESI to the full extent of your obligation to do so. and Demand for Preservation of Evidence Paee 5 of i you must lake reasonable steps to secure their compliance. System Sequestration It is strongly suggested that all ESI systems and hardware used by the abocc named individuals he removed from service and sequestered. hh the event you deem it impractical to sequester systems and devices you should consider cleating forensically sound imaging of the systems and devices_ As it is reasonable to expect the future need for forensic examination of one or more of the systems and devices. you should employ forensically sound ESI preservation methods. Pailure to use such methods poses a significiud threat of spoliation and data loss. "Forensically sound prescratimi " requires that atiy duplication of ESI be done only while using tools and methods that make no changes to die evidence a» d support authentication of the duplicate as a true and complete bit -for -bit image of the original. A forensically sound preservation method guards against changes to metadata evidence and preserves all parts of the electronic evidence. includine in the so-called "unallocated clusters." holding deleted files. Preservation Protocols I am amenable to working with you to agree upon an aecdpiable protocol For Forensically sound presen abrin of media to be presereecl. II should he understood that a successful and compliant ESi preservation effort will require technical expertise. You are urged to engage the services of an expert in electronic evidence and computer Forensics Do Not Delay Preservation It is essential that you immediately under take preservation efforts. Should you fail to preserve potentially relevant evidence and this results in the corruption. loss or delay in production of evidence to which the will he entitled in it future lawsuit. such failure will be deemed to constitute Spoliation of Evidence. Con('irmation of Compliance Please confirm by lulu 3. 1011. that you have taken the steps outlined in this demand In preserve all information in your possession. custody or cunuoi that uxists in connection wfih the Incidents. If you have do not undertake the steps outlined above please describe what you have done to ensure that udequate preservation takes place. Thank you ver much Carter. Esq. Randolph. Esq Law Firm 302 PIE Sr,,d 5tiec5Suttc 179 Boca tiomR flan6u33432 Tel k61.3iQ9%9 jd M. 1-36}8499 June 21.2012 Garret Ward. Chief of Police Town of Gulfstream 100 Sea Road Gulfstream. FL 33.45; Via Federal Eruress 4m C nb•6ok= Bare nin. Montzddb9715- lel 4066V_ My fas.406.5�?-0160 Re: O'Hare adv.. Town of Gulf Strcam et al/ Demand for Preservation of Information Dear Sirs: Please he advised that I represent Mr. and firs. Christopher O'Hare with regard to their claims arising from the tntlaw'ful conduct oi' Officer Ginsberg that occurred at 2520 Avenue Au Solcil an: 10/25/11: 12/27/11: 12/28/11: 3/;/12: and 3120/12 t'"Incidents"). Demand is herchy made for you to take all reasonable and necessary action to preserve all documents. tangible thin_=s or electronically etored information that has any reference or connection in any way to the above Incidents. For purposes of this request. the term' -you" and "ynur' refers to \Ir. Thrasher. Officer Ginsbut_. Clticl' Ward and the Town of Gulf Stream general!} . It is expected that much of the information within die scope of the demand may be ;toted on your current and former computct systems and other media and devices. As to electronically stored information i"ESI") this should be afforded the broadest possible definition. Accordingly. ESI includes (by wap of example and not as an exclusive Iis0 any potentially rele%ant information drat is electronically. magnetically or optically stored as: • Digital communications reg . c -mail. %nice mail instant messaging): • 1C ord processed documents (c.;.. Word or WordPerfect documents and drafts): • Imagc and Facsimile Files tag.. PDR .TIFF..JPG..GIF imaacs): • Sound Recordings Iez.. WAV and MP3 filed: • Widen Recordings to _...AVI and -NIOV Files): • Databases [e.a,.Access, Oracle. SQI-Serverda•a.SAP): • Contact and Relationship Management Data ie.g.. Outlook. ACT!): • Calendar and Diary Application Data (e..a.. Outlook PST. Yahoo. bloc tools): • Online Access Data (c g... Te nporary Interact Files. History. Cookies): Demand for Preservation of Evidence Page 2 of 5 • Network Access and Server Activity Logs: and • Back Up and Archival Files (e.g.. Zip, .GHO) Preservation Requires Immediate Intervention it is essential that you understand that adequate preservation of information requires more than simply refrainine from efforts to destroy or dispose of potentially relevant evidence. You must immediately act to intervene in preventing loss due to routine operations and employ proper techniques and protocols suited for the protection of any information that is within the scope of this demand. Be advised that sources of ESI at commonly altered and erased by continued use of computers and other electronic devices that contain ESI. Booting a drive, examining its contents or tanning any application may irretrievably alter the information it contains and may constitute unlawful spoliation of evidence. Consequently. alteration and erasure may result from your failure to act diligently and responsibly to prevent loss or corruption of ESI. This specific reference to ESI should be understood to diminish your concurrent obligation to preserve documents and other tangible things that potentially contain relevant evidence. Suspension of Routine Destruction You are further directed to immediately initiate a litigation "hold" procedure for potentially relevant ESI, documents and tangible things, and to act diligently and in good faith to secure and audit compliance with such litigation "hold" procedure. You are further directed to immediately identify and modify or suspend features of your information systems and devices that, in routine operation. operate to cause the loss of potentially relevant ESI. Examples of such features and operations include: • Purging the contents of e-mail repositories by age, capacity or other criteria; • Using data or media wiping, disposal. erasure or encryption utilities or devices: • Ovcrwritine, erasing, destroying or discarding back up media; • Re -assigning, re-imaging or disposing of systems, servers, devices or media; • Running antivirus or other programs affecting wholesale metadata alteration; • Releasing or purging online storage repositories; • Using metadata stripper utilities: • Disabling server or IM logging: • Executing drive or file defragmentation or compression programs. Guard Against Deletion You should anticipate that your individuals with access to ESI and other information may seek to hide, destroy or alter it. You are directed to take action to prevent or guard against such actions. Especially where government machines have been used for Interact access or personal communications, you should anticipate that users may seek to delete or destroy information they regard as personal. confidential or embarrassing and, in so doing, may also delete or destroy Demand for Preservation of Evidence Page 3 of 5 potentially relevant ES 1. This concern is not one unique to die Town of Gulf Stream or its employees and officers. It's simply an event that occurs with such regularity in electronic discovery efforts that any custodian of ESI and their counsel are obliged to anticipate and guard against its occurrence. Preservation by Imaging You are also directed to take affirmative steps to prevent anyone with access to data, systems and archives from seeking to modify. destroy or hide electronic evidence on network or local hard drives (such as by deleting or overwriting files. using data shredding and overwriting applications. defragmentation. re -imagine or replacing drives. encryption. compression. stcganography or the like). With respect to local hard drives, one way to protect existing data on local hard drives is by the creation and authentication of a forensically qualified image of all sectors of the drive. Such a forensically qualified duplicate may also be called a bit stream image or clone of the drive. Be advised that a conventional back up of a hard drive is not a forensically qualified image because it only captures active. unlocked data files and fails to preserve forensically significant data that may exist in such areas as unallocated space, slack space and die swap file. With respect to the hard drives and storage devices of the individuals named herein as well as any other person likely to have information pertaining to any of the above instances, demand is made for you to immediately obtain. authenticate and preserve forensically qualified images of the hard drives in any such computer system (including portable and home computers) used by that person from August 29. 2011 through the date of this demand. Demand is further made for you to record and preserve the system time and date of each such computer. Once obtained, each such forensically qualified image should be labeled to identify the date of acquisition, the person or entity acquiring the image and the system and medium from which it was obtained. Each such image should be preserved without alteration. Preservation in Native Form You should anticipate that certain ESI will be sought in the form or forms in which it is ordinarily maintained. Accordingly, you should preserve ESI in such native forms, and you should not select methods to preserve ESI drat remove or degrade the ability to search your ESI by electronic means or make it difficult or burdensome to access or use the information efficiently in the litigation. You should additionally refrain from actions that shift ESI from reasonably accessible media and forms to less accessible media and forms if doe effect of such actions is to make such ESI not reasonably accessible. Metadata You should I`urther anticipate the need to disclose and produce system and application metadata and act to preserve it. System metadata is information describing the history and characteristics of other ESI. This information is typically associated with tracking or managing an electronic file and often includes data reflecting a file's name, size, custodian, location and dates of creation and last modification or access. Application metadata is information automatically included or embedded in electronic files but which may not be apparent to a user, including deleted content. Demand for Preservation of Evidence Nee 4 of 5 draft language, commentary, collaboration and distribution data and dates of creation and printing. Be advised that metadata may be overwritten or corrupted by careless handling or improper steps to preserve FSI. For electronic mail, metadata includes all header routing data and Base 64 encoded attachment data, in addition to the: To. From. Subject, Received Date, CC and BCC fields. Servers With respect to servers like those used to manage electronic mail (e.g., Microsoft Exchange, Lotus Domino) or network storage (often called a user's "network share"), the complete contents of each users network share and c -mail account should be preserved. There are several ways to preserve the contents of a server depending upon. e.g.. its RAID configuration and whether it can be downed or must be online 34n. Home Systems, Laptops, Online Accounts and Other ESI Venues It is expected that you will act swiftly to preserve data on office workstations and servers and immediately determine if any home or portable systems contain potentially relevant data. To the extent that persons may have sent or received potentially relevant a -mails or created or reviewed potentially relevant documents away from the office. you must preserve the contents of systems, devices and media used for these purposes (including not only potentially relevant data from portable and home computers, but also from portable thumb drives. CD -R disks and the user's PDA, smart phone, voice mailbox or other forms of ESI storage). Similarly, the contents of browser -based email accounts or services (such as AOL., Gmail, Yahoo Mail or the like) used to send or receive potentially relevant messages and attachments, should be preserved. Ancillary Preservation You must preserve documents and otter tangible items that may be required to access. interpret or search potentially relevant ESI. such as logs. naming protocols, file lists, data entry forms, abbreviation keys, user ID and passwords. You must also preserve any cabling, drivers and hardware that may be needed to access or interpret media on which ESI is stored. This includes tape drives, bar code readers, Zip drives and other legacy or proprietary devices. Paper Preservation of ESI is Inadequate As hard copies do not preserve electronic searchability or metadata. they are not an adequate substitute for, or cumulative of, electronically stored versions. If information exists in both electronic and paper forms. you should preserve both fors. Third Parties Your preservation obligation extends beyond ESI in your care, possession or custody and includes ESI in the custody of otters that arc subject to your direction or control. Accordingly. you must notify any current or former employee, custodian or contractor in possession of potentially relevant ESI to preserve such ESI to the full extent of your obligation to do so, and Demand for Preservation of Evidence Page S of S you must take reasonahle steps to secure their compliance. System Sequestration it is strongly suggested that all ESI systems and hardware used by die above named individuals he removed from sen ice and sequestered. In the event you deem it impractical to sequester systems and devices you should consider creating forensically sound imaging, of the systems and devices, As it is reasonable to expect the future need for forensic examination of one or more of the systcros and devices, you should employ I'otensically sound ESI preservation methods. Failure to use such methods poses a significant threat of spoliation and data loss. "Forensically sound preservation' requires that any duplication of ESI he done only while using tools and methods that make no changes to the ev idence and support authentication of die duplicate as a true and complete hit -for -bit image of the original. A forensically sound preservation method guards against changes to ntetadata evidence and pneserves all parts of the electronic evidence. including in the so-called "unnllncatcd clusters;' holding deleted files. Preservation Protocols I am amcnahle to working with you to agree upon an acceptable protocol for forensically sound preservation of media to he preserved. It should*bc understood that a successful and compliant ESI preservation effort will require technical expertise. You arc urged to engage the services of an expert in electronic evidence and computer forensics. Do Not Delay Preservation It is essential that you immediately under take preservation eflnrts. Should you fail to preserve potentially relevant evidence and this results in the corruption. loss or delay in production of evidence to which we will be entitled in a future lawsuit. such failure will he deemed to constitute Spoliation of Evidence. Confirmation or Compliance Please confirm by July 3. 2012. that you have taken the steps outlined in this demand to preserve all information in your possession. custody or control that exists in connection with the Incidents. If you have do not undertake the steps outlined above please describe what you have done to ensure that adequate preservation takes place. Thank cru very much. R'k Aectfully'. x John E. Caner. Esq. Cc: Jahn Randolph. Esq. " ID2 NE S^cand:5tnr Suitc 179 FnxSRaian; E•loddi3r1i'. LI -❑1?G - fiiz J5136EE149, June 21. 201'_ William Thrasher. Town ivlanaecr Town of Gulfstrcam 100 Sea Road Gulfstrcam. FL '33483 Vin Federal Express LC A:R T I I E, R 4g_ 0i rb,&k }ioumsan Mot';,,; 57G 'te1465->a?•T faz9UE'�-E{i-0160 Re: O'Hare adv. Town of Gulf Stream et al! Demand for Preservation of Information Dear Sirs: Please he ad%ised that I represent Mr and Nlrs.. Christopher O'Hare with regard to their claims amine from the unlawful conduct of Officer Ginsberg that occurred at 2520 Avenue Au Solcil on; 1011811 1: 12/27/11: 13/18/11: 3/5/I1: and 3/30/12 )"Incidents"). Demand is hereby made for you to take all reasonable and neecssary action to preserve all documents. inngihic thing:, or electronically stared inrni mation that has any reference or cnnnactiotm in any way to the above Incidents. For purposes of this request. the term "you" and -%our" refers to NIr. Thrasher. Officer Ginsburg, Chief 1\'ard and the Town of Gulf Stream eneralh. It ii expected that Hutch of the information a ithin the scope of the demand may he siorcd on your current and fotmer computer systems and other media and devices. As to clectronicall,, stared information V'ESI") this should he afforded the broadest possible definition. Accordingly. ESI includes thy way of example and not as an exclusi,6r list) any potentially relemant information that is electronically. magnetically oropticully stored as: Diellal communications fes•. e-mail. m nice mail. instant messaging): • Word processed docunments re.g.. Ward m Wordi'crfect documems and drafts): • Imagc and Facsinmilc riles te.g...PDF..TIFT- JPG..GIF images): • Sound Recordings ic.e...%\'A\ and .MP3 files 1: • \ idea Recordinf_s ta.e...AV and .hlt)\' Iiles): Dutabuscs t c._.. Access. Oracle. SQL Sencr data. SAP): • Contact and Relationship 4lanagemenl Data te.g.. Outlook. ACI'!): • Calendar turd Diary Application Dula tae.. Outlook PST, Yahoo. blog tools): • Untiro access Data tag.. retnooran Internet Files. History. Cookies): Demand for Preservation of Evidence Page 2 or 5 • Network Access and Server Activity Logs: and • Back Up and Archival Files (e.g.. Zip..GHO) Preservation Requires Immediate Intervention It is essential that you understand that adequate preservation of information requires more than simply refraining from efforts to destroy or dispose of potentially relevant evidence. You must immediately act to intervene in preventing loss due to routine operations and employ proper techniques and protocols suited for the protection of any information that is within the scope of this demand. Be advised that sources of ESI are commonly altered and erased by continued use of computers and other electronic devices that contain ESI. Booting a drive, examining its contents or running any application may irretrievably alter the information it contains and may constitute unlawful spoliation of evidence. Consequently. alteration and erasure may result from your failure to act diligently and responsibly to prevent loss or corruption of ESI. This specific reference to ESI should be understood to diminish your concurrent obligation to preserve documents and other tangible things that potentially contain relevant evidence. Suspension of Routine Destruction You are further directed to immediately initiate a litigation "hold" procedure for potentially relevant ESI, documents and tangible things, and to act diligently and in good faith to secure and audit compliance with such litigation "hold" procedure. You are further directed to immediately identify and modify or suspend features of your information systems and devices that, in routine operation, operate to cause the loss of potentially relevant ESI. Examples of such features and operations include: • Purging the contents of e-mail repositories by age, capacity or other criteria: • Using data or media wiping, disposal, erasure or encryption utilities or devices: • Overwriting, erasing, destroying or discarding back up media; • Re-assimting, re-imaging or disposing of systems, servers, devices or media; • Running muivirus or other programs affecting wholesale metadata alteration: • Releasing or purging online storage repositories: • Using metadata stripper utilities: • Disabling server or IM logging: • Executing drive or File defragmentation or compression programs. Guard Against Deletion You should anticipate that your individuals with access to ESI and other information may seek to hide, destroy or alter it. You arc directed to take action to prevent or guard against such actions. Especially where government machines have been used for Internet access or personal communications, you should anticipate that users may seek to delete or destroy information they regard as personal, confidential or embarrassing and, in so doing, may also delete or destroy Demand for Preservation of Evidence Pace 3 of 5 potentially relevant ESI. This concern is not one unique to the Town of Gulf Stream or its employees and officers. it's simply an event that occurs with such regularity in electronic discovery efforts that any custodian of ESi mid their counsel are obliged to anticipate and guard against its occurrence. Preservation by Imaging You are also directed to take affirmative steps to prevent anyone with access to data, systems and archives from seeking to modify. destroy or hide electronic evidence on network or local hard drives (such as by deleting or overwritiite files, using data shredding and overwriting applications. defragmentation. re-iningine or replacing drives. encryption, compression, steganography or the like). With respect to local hard drives. one way to protect existing data on local hard drives is by the creation and authentication of a forensically qualified image of all sectors of die drive. Such a forensically qualified duplicate may also be called a bit stream image or clone of the drive. Be advised that a conventional back up of a hard drive is not a forensically qualified image because it only captures active. unlocked data files and fails to preserve forensically significant data that may exist in such areas as unallocated space, slack space and the .swap file. With respect to the hard drives mid storage devices of the individuals named herein as well as any other person likely to have information pertaining to any of the above instances, demand is made for you to immediately obtain. authenticate and preserve forensically qualified images of the hard drives in any such computer system (including portable and home computers) used by that person from August 29. 2011 through the date of this demand. Demand is further made for you to record and preserve the system time and date of each such computer. Once obtained, each such forensically qualified image should be labeled to identify the date of acquisition, the person or entity acquiring die image and the system and medium from which it was obtained. Each such image should be preserved without alteration. Preservation in Native Form You should anticipate that certain ESI will be sought in the form or forms in which it is ordinarily maintained. Accordingly, you should preserve ESI in such native forms. and you should not select methods to preserve ESi that remove or degrade the ability to search your ESI by electronic means or make it difficult or burdensome to access or use the information efficiently in the litigation. You should additionally refrain from actions that shift ESI from reasonably accessible media and forms to less accessible media and forms if the effect of such actions is to make such ESI not reasonably accessible. Metadata You should further anticipate die treed to disclose and produce system and application mctadata and act to preserve it. System mctadata is information describing the history and characteristics of other ESI. This information is typically associated with tracking or managing an electronic File and often includes data reflecting a file's name, size, custodian, location and dates of creation and last modification or access. Application mctadata is information automatically included or embedded in electronic files but which may not be apparent to a user. including deleted content. Demand for Preservation of Evidence Page 4 of 5 draft laneuage, commentary, collaboration and distribution data and dates of creation and printing. Be advised that metadata may be overwritten or corrupted by careless handling or improper steps to preserve ESI. For electronic snail, metadata includes all header routing data and Base 64 encoded attachment data. in addition to the: To, From. Subject. Received Date, CC and BCC fields. Servers With respect to servers like those used to manage electronic mail (e.g., Microsoft Exchange, Lotus Domino) or network storage (often called a user's "network share"), the complete contents of each user's network share and c -mail account should be preserved. There are several ways to preserve the contents of a server depending upon. e.g.. its RAID configuration and whether it can be downed or must be outline 34/7. Home Systems, Laptops, Online Accounts and Other ESI Venues It is expected that you will act swiftly to preserve data on office workstations and servers and immediately determine if any home or portable systems contain potentially relevant data. To the extent that persons may have sent or received potentially relevant c -mails or created or reviewed potentially relevant documents away from the office, you must preserve the contents of systems, devices and media used for these purposes (including not only potentially relevant data from portable and home computers, but also from portable thumb drives. CD -R disks and the user's PDA, smart phone. voice mailbox or other forms of ESI storage). Similarly, the contents of browser -based email accounts or services (such as AOL, Gmail. Yahoo Mail or the like) used to send or receive potentially relevant messages and attachments, should be preserved. Ancillary Preservation You must preserve documents and other tangible items that may be required to access, interpret or search potentially relevant ESI. such as logs. naming protocols, file lists, data entry forms. abbreviation keys, user ID and passwords. You must also preserve any cabling, drivers and hardware that may be needed to access or interpret media on which ESI is stored. This include.% tape drives, bar code readers. Zip drives and other legacy or proprietary devices. Paper Preservation of ESI is Inadequale As hard copies do not preserve electronic searchability or metadata. [hey are not an adequate substitute for, or cumulative of, electronically stored versions. If information exists in both electronic and paper forms. you should preserve both forms. Third Parties Your preservation obligation extends beyond ES1 in your care, possession or custody and includes ESI in the custody of others that arc subject to your direction or control. Accordingly. you must notify any current or former employee, custodian or contractor in possession or potentially relevant ESI to preserve such ESI to die full extent or your obligation to do so, and Demand for Preservation of Evidence Nee 5 of 5 you must take reasonable steps to secure dhcir compliance. System Sequestration It is strongly suggested that all ESI systems and hardware used by the above named individuals he removed from service and sequestered. Int the event you deem it impractical to sequester systems and devices you should consider creating forensically sound imaging of die systems and devices. A.s it is reasonable to expect the future need for forensic examination of one or more of the systems and devices, you should employ forensically sound ESI preservation methods.. Failure to use such methods poses a significant threat of spoliation and data loss. "Forensically sound preservation" requires that any duplication of ESI he done only while using tools and methods that make no changes to the evidence and support authentication of die duplicate as a true and complete bit -for -bit image of the original. A forensically sound preservation method guards against changes to metadata evidence and preserves all pans of the electronic evidence. including in the so-called `unallocated clusters:' holding deleted files. Preservation Protocols I am amenable to working with you to agree upon an acceptable protocol for forensically sound preservation of media to he preserved. It should he understood dint a successful and compliant ESI preservation effort will require technical experlisc. You are urged to engage the services of an expert in electronic evidence and computer forensics. Do Not Delay Preservation It is essential that you immediately under take preservation efforts. Should you fail to preserve potentially rcleyant evidence and this results in the corruption, loss or delay in production of evidence to which we will be entitled in a future lawsuit, such failure will be deemed to constitute Spoliation of Evidence. Confirmation or compliance Please confirm by July 3. 2013, that you have taken the steps outlined in this demand to preserve all information in your possession, custody or control that exists in connection with the Incidents. If you have do not undertake the steps outlined above please describe what you have done to ensure that adcquatc preservation takes place. Thunk you very hutch. spectfully. John E.. Caner. Esq. Cc. John Randolph. Esq In �w jj, .. X�-, 4NKIN Louis L. Roeder, Esq. 7414 sparkling Lake Rd Orlando, FL 32819 407-3524194 cell 407-7584194 lou@louroeder.com Delivered via E -Mail June 18, 2013 Rita Taylor Town Clerk TOWN OF GULF STREAM 100 Sea Road Gulf Stream, FL. 33483 Re: Public Records Request 2520 Avenue An Soleil, Gulf Stream, FL Subject: Incident Report -Case No. 11-1791 Dear Rita: Pursuant to the Public Records Act, Chapter 119 of the Florida Statutes, I am herewith making a public records request for copies of the following items: 1. Any and all support documentation, pictures, etc. related to the preparation of Grit( Stream Police Department Incident Report No. 11-1791, submitted by Officer David S. Ginsberg, Officer No. 787, and dated October 28, 1011; and 1. Any and all notes, research files, communications, etc., utilized by Officer David S. Ginsberg in the preparation of the above referenced Incident Report No. 11-1791; and 3. Any and all notes, research files, communications, etc. to and from Officer David S. Ginsberg regarding the above referenced Incident Report No. I1-1791, including, but not limited to, any communications after the fling of said incident report; and 4. Evidence of the ewact date Officer David S. Ginsberg filed tire above referenced Incident Report No. 11-1791; and 5. The incident reports jar the " tivo burglaries [just had] in Torun of unoccupied houses" as referenced by Officer David S. Ginsberg in Incident Report No. I1-1791. If you refuse to provide this information, Chapter 119 requires that you advise me in writing and indicate the applicable exemption to the Public Records Act. Also, please state with particularity the reasons for your decision, as required by Section I I9.07(2)(a). If the exemption you are claiming only applies to a portion of the records, please delete or redact that portion and provide photocopies of the remainder of the records, according to Section 119.07(2)(a). Letter to Rita Taylor Public Records Request June 18, 2013 Page 2 of 2 If you can provide an estimate of the cost of duplication, I would appreciate it. If acceptable, I will pay the actual cost of duplication as defined in Section I I9.07(1)(a). However, if you anticipate that in order to satisfy this request, "extensive use" of information technology resources or extensive clerical or supervisory assistance as defined in Section I I9.07(1)(b) will be required, please provide a written estimate and justification. I would ask that you provide all the above requested records no later than this coming MONDAY. JUNE 25.2013. If you have any questions or need more information in order to expedite this request, please call me at my cell phone at 407-758-4194. Respectfully, f Louis L. Roeder, Esq CC. Chris O'Hare EXIBHIT e®®r e PUBLIC RECORDS REQUEST - Documentation on Incident Report Case No. 11-1791 Lou Roeder <lou@louroeder.com> To: rtaylor@gulf-stream.org.didtheyreadit.com Cc: Chris O'Hare <pinegd@gmail.com> Rita, Wed, Aug 21, 2013 at 2:09 PM On behalf of my client, Mr. O'Hare (2520 Ayanue Au Soleil), could you please give me a status on the Public Records Request originally sent to you on June 18, 2013 regarding Documentation on Incident Report Case No. 11-1791 (PDF copy attached)? The Information requested has not yet been received. In addition, I'd request that you oroAde the Information in original electronic format. Should you need any clarification, please don'st hesitate to call. Regards, Louis Raeder ATTORN£YATLAN 7414 Sparkling Lake Road Orlando, FL 32819 cell: 407-7584194 CONFIDENTLILITYNOTE: This email message and any attachments may contain confidential, privileged and non - disclosable information. The information is intended onlyfor the use ofthe individual or entity named on this email. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents ofthis email information, is strictlyprohibited and that the documents should be returned to the sender immediately. Ifyou have received this email in error or by accidental transmission, please notify the sender by return email immediately, delete all electronic copies ofthis email and all attachments and destroy all hardcopies 7hankyau PRR_F_to_Taylor IncidRep 11-1791_061813.pdf 39K 'm I �Wtg-.- T I ilk, i a 5617370188 Fax 11:27:57 a In 09-01-2013 tl; COMMISSIONERS JOAN L ORRf Wr]N. Mater THOMAS M. STANLEY, N¢ Meyer MURIEL J. ANDERSON W. GARRETTOERJNG AOSERTW. GANGER August 31, 2013 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Telephone (561)276-5116 FAA (561) 737.0168 Town AEoneper MLUAN H. THRASHER Town Clerk RRA L TAYLOR Louis L. Roeder, Esq. 7414 Sparkling Lake Road Via Fax 866-610-6090 Orlando, FL 32819 Re: Public Records Request dated June 18, 2013 Item 'TFT' and Follow Up dated August 21, 2013 Dear Counselor: The request referenced above is with regard to an Incident Report - Case No. 11-1791 and contains 5 items. The Police Department is in the process of gathering this information for me. In Item 04 you are requesting evidence of the exact date the officer file the report. These report numbers are issued from the dispatch center. Our police officers are dispatched from the City of Delray Beach Police Dispatcher. We are contacting them in an effort to produce this record. I expect to have an estimate of cost for you within a week. Sincerely, 2 - Rita L. Taylor Town Clerk ze •,D A-�. R70 5617370188 Fax TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS JOAN LDUHWON, Wyar THOMAS M.STA4EY, Vim Mayer MORIELLANOERSON W. GAMM OFFING ROBOT W. GANGED September 9, 2013 Louis L. Roeder, Esq. 7414 Sparkling Lake Rd. Orlando, FL 32819 0924:47am 09-10-2013 Talaphone (561)276.5116 Fax (561 )737.0188 Town Manager WILEJAM H. THRASHER Town Clerk RRA L TAYLOR WIN! 0 M-Mi'h 1U-NIMM• 4] Re::Public Records Request dated June 18, 2013 Item 'IF" and Follow Up dated August 21, 2013 Dear Counselor: The request referenced above is with regard to an Inciden Report - Case No. 11-1791. This Public Records Request contains 5 items. 1. There are four, 8x11 one sided pictures in connection with this request. 2. We find no records in reply to this request. 3. We find no records in reply to this request 4. As I advised in my letter of August 31, 2013, these case numbers are assigned through the dispatching in Delray Beach Police Dept. What you are seeking id their record and as such would need to be obtained directly from them. 5. There were actually 3 incidents. There are 5, 8%x11 , one sided pages covering the 3 incidents. There are estimated to be a total of 9, 8kxll one sided copies at $0.08 each or $0.72.'One hour labor is estimated at $20.00. This is estimated to be a total of $20.72. Please advise in writing if you still want the requested records and are prepared to pay the final cost that is estimated to be $20.72 and we will start production of them promptly. Sincerely, Rita L. Tay o Town Clerk IM gun - pl, m %Ag M"" WO �u M, all Mi 9 � Louis L. Roeder, Esq. 7414 sparkling Lake Rd Orlando, FL 32819 407-352-4194 call 407-7584194 lcu@lcumeder com Delivered via E -Mail September 12, 2013 Garrett Ward Chief of Police TOWN OF GULF STREAM 246 Sea Road Gulf Stream, FL 33483 Re: Public Records Request 2520 Avenue Au Soleil, Gulf Stream, FI. Subject: Incident Report No. 11-1791 Dear Rita: Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes (Public Records Act), and on behalf of my client, Christopher O'Hare, I am herewith making a Public Records Request for copies of the following records: Any record that documents the exact date of creation of Guff Stream Police Department Incident Report No. 11-1791, and any record that documents Are exact date of fling of said incident report Please take note of § 1 19.07(c) Florida Statutes and your uflirmative obligation to (1) promptly acknoniedge receipt of this public records request and (2) make a good faith effort which "includes making reasonable elTorts to determine from other officers or employees within the agency %hether such a record exists and, if so., the location at which the record can be accessed." I am, therefore, requesting that you notify dery indiN idual in possession of records that may be respnnsi%,e to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained b) your agency in an electronic format. please produce the records in the original electronic format in which they were created or receim ed. See § 119.01(2)(f). Florida Statutes. If the requested documents in electronic format are too large to e-mail to me, then a data transfer device, such as a flash drive, will be provided. Only in the case where the requested records are not available in electronic format, it is requested that that any documents provided in response to this Record Request be copied two-sided. If you contend that any of the records I ant seeking, or any portion thereof. are exempt from inspection or disclosure, please cite the specific exemption as required by § 199.07(l)(e) of the Florida Statutes and state in writing, and with particularity, the basis for your conclusions as required by 1 19.0711)(t) of the Florida Statutes If the exemption you are claiming only applies Letter to Garrett Ward Public Records Request September 12, 2013 Page 2 of 2 to a portion of the records, please delete or redact that portion and provide the remainder of the records, according to C 119.07(2)(a). If the requested records are not all readily available, I will accept them piecemeal. I request that whichever records are readily available be provided to me immediately; and those other records be provided to me as soon as possible. If you anticipate the production of these public records to exceed $1.00, please notify me in advance of their production with a written estimate orthe total cost. Please be sure to itemize any estimates so as to indicate the total number of pages andior records, as well as to distinguish the cost of labor and materials All responses to this public records request should be made in writing to the rollowing email address: loud louroedenconi If you have any questions or need more information in order to expedite this request, please call me at my cell phone at 407 -758 -4194 - Respectfully, Louis L. Roeder, Esq. CC. Chris O'Hare IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CHRISTOPHER F. O'HARE, Plaintiff, TOWN OF GULF STREAM, Defendant. 50 2013 CA 017 717 XXXX M® CASE NO-: COPY RECEIVED FOR FILING �► DEC - 3 2013 SHARON R. BOCK CLERK & COMPTROLLER CIRCUIT CIVIL DIVISION VERIFIED COMPLAINT TO ENFORCE FLORIDA'S PUBLIC RECORDS ACT AND FOR DECLARATORY, INJUNCTIVE AND MONETARY RELIEF The Plaintiff, Christopher F. O'Hare, ("Plaintiff'), without counsel as a Pro Se litigant, hereby sues the Town of Gulf Stream, ("Defendant" or the "Town"), and as grounds therefore alleges as follows: 1. This action concerns the Defendant's violation of Plaintiffs civil rights pursuant to Article I, Section 24 of the Florida Constitution and Chapter 119, Florida Statutes (2012), (the "Public Records Act"). 2. This action seeks declaratory, injunctive and monetary relief. 3. Specifically, Plaintiff seeks an order declaring the Defendant to be in breach of its constitutional' and statutory'- duty to permit access to public records, and compelling the Note Article 1 Section 24, Fla Const Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution. This section specifically includes the legislative, executive, and judicial branches of govemment and each agency or department created thereunder; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution Iof11 Defendant to provide access to the requested public records, enjoining the Defendant from denying access to public records, and awarding Plaintiff attorney's fees and costs. Additionally, Plaintiff requests this matter be expedited pursuant to Section 119-11 (1), Florida Statutes3. Jurisdiction and Venue 4. This Court has subject matter jurisdiction pursuant to Article V, Section 5(b) of the Florida Constitution, and Section 119.11, Florida Statutes. 5. This Court has personal jurisdiction over the Defendant, because the Defendant is a public agency in Palm Beach County. 6 The causes of action in the instant case accrued in Palm Beach County; therefore, this Court is the appropriate venue for the vindication of Plaintiff's civil rights The Parties 7, Plaintiff is a Florida citizen who resides in Palm Beach County. 8. Plaintiff is a "person" as that term is used in the Public Records Act. See $ 1 19.07(1)(a), Fla. Stat. -t 9. The Defendant is an "agency" pursuant to Section 119.011(2), Florida Statutes.s ' Note § 119 07(1)(a), Fla Star [very person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records Note§ 11911(1), Fla Stat. Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases. ' See Footnote "2" s Note § 119 01](2), Fla Stat, "Agency" means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law including, for the 2ofII 10. The Defendant has a duty to permit the inspection, copying, and photography of Defendant's public records by mry person desiring to do so, at a reasonable time, under reasonable conditions, and for reasonable costs6. (Emphasis added). See § 119 07, Fla. Stat.; Art. I, § 24, Fla. Const. Florida's Public Records Act 11. Florida's Public Records Act implements a right guaranteed to members of the public under the Florida Constitution and it therefore promotes "a state interest of the highest order." See NCAA v. Associated Press, 18 So. 3d 1201, 1212 (1st DCA 2009)7, 12. The right of access to public records applies to "any public body, officer, or employee of the state, or persons acting on their behalf...." Art. I, § 24, Fla. Const,; see also § 1 19.01 1(2), purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. Note Govemnrent-In-The-Sunshine-Manual 2012 Edition, page 144 The term "reasonable conditions' as used ins 119 07(i)(a), F.S., "refers not to conditions which must be fulfilled before review is permitted but to reasonable regulations drat would permit the custodian of records to protect them from alteration, damage, or destruction and also to ensure that the person reviewing the records is not subjected to physical constraints designed to preclude review " Wait v Florida Power di Light Compngr, 372 So 2d 420, 425 (Fla. 1979) See also Slate er rel Davis v McMillan, 38 So 666 (Fla. 1905); and Tribune Canpanp v Cannella, 458 So. 2d 1075, 1078 (Fla 1984), appeal divmiised sub nam . DePerte v Tribune Conipagy, 105 S Ct 2315 (1985) (the sole purpose of custodial supervision is to protect the records from alteration, damage, or destruction) Accordingly, the "reasonable conditions" do not include a rule or condition of inspection which operates to restrict or circumvent a person's right of access. AGO 75-50 "The courts of this state have invalidated measures which seek to impose any additional burden on those seeking to exercise their rights to obtain records" under Ch 119, F Inf Op. to Cook, May 27, 2011And see State v Webb, 786 So, 2d 602 (Fla. 1st DCA 2001) (requirement that persons with custody of public records allow records to be examined "at any reasonable time, under reasonable conditions" is not unconstitutional as applied to public records custodian who was dilatory in responding to public records requests) r Note NCAA v. Associated Press 18 So. 3d 1201, 1212 list DCA 2009) We are not persuaded that the Public Records Imv has an indirect effect on interstate commerce, but even if some effect had been established, we could not say that the law violates the dormant Commerce Clause. The Public Records law implements a right guaranteed to members of the public under the Florida Constitution and it therefore promotes a state interest of the highest order The negligible impact the law might have on interstate commerce clearly does not outweigh the goal of ensuring open government 3ofII Fla. Stal.8 13. Under the Public Records Act, "[e]very person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records." See § 119.07(1)(a), Fla. Stat -9 14, Under the Public Records Act, "[a]ny person shall have the right of access to public records for the purpose of making photographs of the record ." See § 1 I9.07(3)(a), Fla. Stat to 15. Defendant, as an agency and custodian of records, has an obligation to provide any non-exempt public records for inspection, copying and photography upon request. See § I I9.07(1)(a)11, § 119,07(3)(a)1'-, Fla. Stat ; Art. 1, § 24, Fla. Const.13 Factual Background 16. On September 29, 2013 at 11:54 a.m., Plaintiff submitted a public records request via e-mail to the custodian of records of the Town of Gulf Stream. 17. Specifically, Plaintiff sought to obtain a: Satellite linage nJ Town of Grtlf Stream 1larnutaly - in digital fitrur (the "Boundary Request"). Said Boundary Request is attached hereto and specifically See Footnote "5" See Footnote'?". "Note § 119 07(3)(a), Fla Stat Any person shall have the right of access to public records for the purpose of making photographs of the record while such record is in the possession, custody, and control of the custodian of public records � � See Footnote "T'. '' See Footnote "10". See Footnote "I" 4ofII incorporated herein as Exhibit A. 18. Some four (4) days after receipt of tate Boundary Request, on October 3, 2013 at 1:52 p.m., Defendant sent a letter to Plaintiff via e-mail, also received October 3, 2013, stating in relevant part: Our Staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond. (the "Initial Boundary Response") Said Initial Boundary Response is attached hereto and specifically incorporated herein as Exhibit B 19. Some forty-two (42) days after receipt of Plaintiffs Boundary Request, Defendant sent a letter to Plaintiff via e-mail on November 10, 2013 at 11:01 a nt., also received November 10, 2013, stating in relevant part: In response to the public records you have requested in your email dated September 29, 2013, that we acknowledged on October .3, 2013, be advised that no such records exist. [emphasis added) (the "Final Boundary Response"). Said Final Boundary Response is attached hereto and specifically incorporated herein as Exhibit C. 20. Upon information and belief, the requested public records are maintained by the Defendant in electronic form. 21. As of the date of this complaint, some sixty-five (65) days after Plaintiffs original public records request, Plaintiff has not received the requested public records. 22. Plaintiff has requested that the responsive documents for the public records requests described herein be provided in electronic form and provided an E -Mail address to whom the response was to be sent. 5ofII 23. The records requested by the Plaintiff are public records that are readily accessible to Defendant. 24. All of the records being sought by Plaintiff are public records pursuant to Section 119.011(12)14, Florida Statutes. 25. There is no statutory exemption that applies to any of the requested public records and the Defendant has cited none. 26. Violations of Section l 19.07, Florida Statutes constitute an irreparable public injury15 27. Plaintiff has a clear legal right to insist upon the performance of the Defendant's duty to permit inspection, copying and photographing of public records. 28. Section 1 19.1 1(1), Florida Statutes requires this matter be set for an immediate hearing Ia 29 All conditions precedent to this action have occurred or have been excused or waived. 30. Defendant's actions with respect to the public records requests discussed herein and in other public record requests made by Plaintiff and other parties, demonstrate a pattern of noncompliance with the Public Records Act and also a likelihood of future violations such that "Note § 119.011(12), Fla. Stat. "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, charncieristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. "Note Daniels v Bryson, 548 So. 2d 679, 680 (Fla. 3d DCA 1989) The impermissible withholding of documents otherwise required to be disclosed constitutes, in and of itself, irreparable injury to the person making the public records request Since the purpose of Chapter 119 is to afford disclosure of information without delay to any member of the public making a request, nondisclosure prevents access to die information and is an injury not ordinarily compensable in damages 1 B See Footnote "3" 6ofII injunctive relief is appropriate. Count I — Unlawful Withholding of Public Records: Unreasonable Delay for the Production of the Town's Boundary in Electronic Form 31. Plaintiff re -alleges and incorporates by reference paragraphs I through 31 as if fully alleged herein. 32 The Defendant's refusal to allow Plaintiff to inspect the requested public records violates Article I, Section 24(a) of the Florida Constitution, Section I I9.07(1)(a), Florida Statutes17 and is inconsistent with well-established case law's 33. Section 1 19.01(2)(0, Florida Statutes provides, "An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium " 34. "The only delay permitted by the Act is the limited reasonable time allowed the custodian to retrieve the record and delete those portions of the record the custodian asserts are exempt." Tribune Co v Cannella, 458 So. 2d 1075, 1079 (Fla. 1984). 35. Despite Plaintiff's request of obtaining a copy of the Town's Boundary in digital (or electronic) form, some sixty-five (65) days after the Defendant received Plaintiffs original Boundary Request, Defendant still has not offered to provide same to Plaintiff under any terms. 36. The above described sixty-five (65) day delay is unreasonable and in violation of the 17 See Footnote "2". " See Bell v. Kendrick 6 So 868 (Fla 1889) (public recotds belong "to the public office and not to the officer See also State ex .rel. Davidson v. Couch 156 So. 297 (Fla. 1934); See also City of Gainesville v. State ex. rel. International Association of Fire Fighters Local No. 2157 298 So 2d 478 (Ist DCA 1974) (records that "are made by a city employee in the normal course of conducting the city's business are materials which are open to the citizens of this state for inspection "); See also State ex rel. Veale v. City of Boca Raton 353 So. 2d 1194 (Fla. 4th DCA 1977) (the Public Records Act "requires the public official with custody of a public record to disclose it to any member of the public, including the media, who wishes to inspect it. Non -disclosure is permitted only if there is an exemption provided" by statute ); See also News -Press Publishing Co. v. Gadd 388 So 2d 276, 278 (Fla. 2d DCA 1980) ("Absent a statutory exemption, a court is not free to consider public policy questions regarding the relative significance of the public's interest in disclosure and the damage to an individual or institution resulting from such disclosure."). 7ofII Public Records Act, Count II — Automatic Delav: Town's Code of Ordinances 37. Plaintiff re -alleges and incorporates by reference paragraphs 1 through .37 as if fully alleged herein. 38. In its Initial Boundary Response, Defendant imposed an automatic delay by refusing to respond except "within three business days," even though the Boundary Request was received four (4) days prior to the date appearing on the Defendant's Initial Boundary Response and the requested records were readily available to the Defendant at that time. 39 The Defendant's imposition of an automatic delay has no statutory basis and is, therefore, in violation of the Public Records Act.ta Attorneys' Fees 40, The Public Record Act provides that "[i]f a civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys' fees." See § 119.12, Fla. Stat 41. Plaintiff has retained counsel in this matter only for the limited purpose of assisting in the preparation of this complaint, however, he reserves the right to retain counsel in this matter for additional purposes and therefore asserts his statutory claim to attorney's fees and expenses 19 See Tribune Co. v. Cannella, 458 So 2d 1075 (Fla , 1984) ("We hold that no automatic delay is permitted..." and "an automatic delay, no matter how short, impermissibly interferes with the public's right, restrained only by the physical problems involved in retrieving the records and protecting them, to examine the records. The legislature has placed die books on the table; only it has the power to alter that situation."); See also Grapski v. City of Alachua, 31 So 3d 193 (Fla App, 2010): See also Rechler v. Town of Manalanan. No. CL 94-2724 AD (Fla. 15th Cir. Ct. November 21, 1994), armed. 674 So. 2d 789, 790 (Fla 4th DCA 1996), review dented. 684 So 2d 1353 (Fla 1996); See also State v. Webb, 786 So 2d 602 (Fla, App, 2001). 8of'II for the preparation of this complaint and any additional purposes for which attorney's fees and expenses are incurred in this matter Relief Requested WHEREFORE., Plaintiff prays this Court: (a) Set an immediate hearing pursuant to Section 119..1 1, Florida Statutes;'' -o (b) Declare that the Defendant's failure to provide Plaintiff with access to the requested public records was unconstitutional and unlawful under Article 1, Section 24 of the Florida Constitution'' -t and the Public Records Act;'' -'- (c) Order the Defendants to allow the inspection, copying and photographing of the requested records (upon payment of the statutorily authorized fees); (d) Order the Defendants to provide a copy of the requested records in its original electronic form; (e) Enjoin the Defendant from denying access to records which are subject to the Public Records Act: 23 (f) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this '-a See Footnote' 3" '-' See Footnote "I" -'- See Footnote "T' '-a Note Government -In -The -Sunshine -Manual, page 172 Injunctive relief may be available upon an appropriate showing for a violation of Ch. 119, ES. See Donieh v Bipron, 548 So 2d 679 (Fla 3d DCA 1989) (injunctive relief appropriate where there is a demonstrated pattern of noncompliance with the Public Records Act, together with a showing of likelihood of future violations; mandamus would not be an adequate remedy since mandamus would not prevent future harm). Defendant's actions clearly demonstrate the high likelihood, in not the certainty, that such unlawful conduct will continue and the urgent need for injunctive relief from this tour. 9ofII action, as provided in Section 119.12, Florida Statutes;'' -4 and (g) Grant such further relief as the Court deems proper. Dated: W` J 2013 '"" See Verified Complaint at "40" 10 of II Respectfully submitted, PREPARED NN7TH ASSISTANCE OF COUNSEL CHRISTOPHER. OTIARE, as Pro Se Plaintiff n 2520 Avenue ju Soleil Gulf Stream, FL 33483 Telephone: (561) 588-8920 oineed(aemail.com VERIFICATION STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared Christopher F. O'Hare, who, being first duly identified and sworn, deposes and says that this VERIFIED COMPLAINT is based on records and information known to him, and are true and correct to the best of Iri�Aknot4ledge, information, and belief go Name: STATE OF FLORIDA )SS COUNTY OF PALM BEACH ) Sworn to, affirmed, and subscribed before me this�',��day of Daiz/Ylber , 2013, by Christopher F. O'Hare. NOTARY PUBLIC STATE OF FLORIDA Signs/ r' ZUC- J . / 1 lDE-IL (SEAL.) :o'°q TINALMARTIN * MY COUSSIeN 4 Da 09LS0 EXPIRES: July 10, 2014 s4q S+� Boded TW Budget W17 straw Please indicate: Personally Known: Z"OR Produced Identification: Type of Identification Produced: 11 of 11 EXIBHIT "A" From: Chris O'Hare cchrisohereoulfstream ancmail.com> Date: Sun, Sep 29, 2013 at 11:54 AM Subject: PUBLIC RECORDS REQUEST - boundary To: bthrasher(a)oulf-stream.ora.didthevreadit.com THIS IS A PUBLIC RECORDS REQUEST of the Town of Gulf Stream Pursuant to Article I. Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Satellite Image of Town of Gulf Stream Boundary - in digital file form 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 5119.07(i)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 5119.07(1)(0 of the Florida Statutes. Please take note of 4119.07(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 in possession of records that may be responsive to this public records request to preserve all such records on animmediate basis. If the public records being sought are maintained by 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. If you anticipate the production of these public records to exceed $100 please notify me in advance of their production 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. All responses to this public records request should be made in writing to the following email address: chrisohareaulfstream(a)gmail.com EXIBHIT "B" TOWN OF GULF STREAM PAL.m BEACH COUNTY, FLORIDA October 3, 2013 cluisoharegulfstream@gmail.com Re: PUBLIC RECORDS REQUEST - boundary Satellite /nmge of Town of Gulf Stream Boundary - in digital,Jile fibrin Dear cluisoharegulfstream@gmail.com, The Town of Gulf Stream has received your public records request dated September 29, 2013 If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. Our staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records Your original request, dated September 29.2013- is reproduced in the space below: From: Chris O'Hare[mailto:chrisohareoulfstream4cimail.coml Sent: Sunday, September 29, 2013 11:55 AM To: Bill Thrasher Subject: PUBLIC RECORDS REQUEST - boundary THIS IS A PUBLIC RECORDS REQUEST of the Town of Gulf Stream Pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Satellite Image of Town of Gulf Stream Boundary - in digital file form 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 5119.07(1)(0 of the Florida Statutes. Please take note of 6119.07(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 no0fy every Individual in possession of records that maybe responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by 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)((1. Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me In advance of their production with a written estimate of the total cost. Please be sure to Itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream(a)gmail.com EXIBHIT "C" TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA November 10, 2013 chIis0hareculistIeany$ anaiI.COIII Re: PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM boundary (satellite image) Satellite Image of Town of Guff Stream Boundaily - in digital file form Dear cluisoharegulfstream@a ,-mail com, In response to the public records you have requested in your email dated September 29, 2013, that we acknowledged on October 3, 2013, be advised that no such records exist. Sincerely, Town Clerk Custodian of the Records Your original request. dated September 29. 2013, is reproduced in the space below: From: Chris O'Hare[mailto:chrisoharegulfstream@gmail.com] Sent: Sunday, September 29, 2013 11:55 AM To: Bill Thrasher Subject: PUBLIC RECORDS REQUEST . boundary THIS IS A PUBLIC RECORDS REQUEST of the Town of Gulf Stream Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Satellite Image of Town of Gulf Stream Boundary - in digital file form 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 Please take note of § 119.07(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 oncers 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 In possession of records that may be responsive to this public records request to preserve all such records on an immediate basis If the public records being sought are maintained by 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)(0, Florida Statutes If you anticipate the production of these public records to exceed $1.00 please notify me In advance of their production 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 All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream@gmaii.com Renee Basel From: OConnor, Joanne M. <JOConnor@jonesfoster.com> on behalf of OConnor, Joanne M. Sent: Friday, August 26, 2016 2:59 PM To: GelinL@mydelraybeach.com Cc: rustin@mydelraybeach.com; JOConnor@jonesfoster.com Subject: RE: O'Hare PRR suits Attachments: 1QE3928-list public records suits represented roeder oboyle law firm.DOCX Attached is a list of cases showing the ones where Roeder has appeared and the ones where The OBoyle Law Firm has appeared. In some cases, they both appeared. Next, I will send you complaints in each of the cases in which Roeder has appeared. There are several. I will keep them in the order of the list. From: Gelin, Lynn [mailto:GelinL@mydelraybeach.com] Sent: Friday, August 26, 2016 1:48 PM To: OConnor, Joanne M. Cc: Rustin, Janice Subject: O'Hare PRR suits This message originated from outside your organization Hi Joanne. It was nice speaking with you today. As promised, attached please find Roeder's motion for attorney's fees and exhibits as well as the City's response. If you could forward to me any Complaints filed by either O'Hare or Roeder it would be much appreciated. In addition, could you provide me with the case law concerning the denial of fees after the request has been fulfilled? Thanks for all of your assistance. Safe travels! Lynn Gelin, Esq. Asst. Cily Attorney City of Delay Beach-0111ce of the City Attorney 200 NAV. F Avenue Dchay 13cach, 1:1.33d 11 Phone: (561) 243-7091 Fac: (561) 278-17.55 tt�rw. urocicLavbcacl l.com PUBLIC RECORDS NOTE: Florida has avery broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request Your a -mail wmmunintions may therefore be subject to public disclosure. O'HARE/O'BOYLE v TOWN OF GULF STREAM PUBLIC RECORDS REQUEST SUITS WHERE WILLIAM ROEDER AND/OR OBOYLE LAW FIRM HAS APPEARED .33 O'HARE Case No. 2013CA015012 Roeder .34 O'HARE Case No. 2013CAO15380 Roeder .36 O'HARE Case No. 2013CAO16864 Roeder .37 O'HARE Case No. 2013CAO17717 Roeder .38 O'HARE Case No. 2013CA017793 Roeder .39 O'HARE Case No. 2013CA018093 Roeder .40 O'HARE Case No. 2013CA018095 Roeder .41 O'HARE Case No 2013CA018098 Roeder .43 O'HARE Case No. 2013CA018100 Roeder .44 O'HARE Case No. 2013CA018101 Roeder .47 O'HARE Case No. 2014CA000824 Roeder .48 O'HARE Case No. 2014CA000835 Roeder .49 O'HARE Case No. 2014CA000894 Roeder .50 O'BOYLE Case No. 2014CA000834 .51 O'BOYLE Case No. 2014CA001572 .52 O'HARE Case No. 2014CA001776 Roeder .53 O'HARE Case No. 2014CA01833 Roeder .56 O'HARE Case No. 2014CA002311 Roeder .57 O'BOYLE Case No. 2014CA002728 .59 STOPDIRTYGOVERNMENT,LLC Case No. 2014CA003721 .60 O'BOYLE Case No. 2014CA004474 Roeder .62 O'BOYLE Case No. 2014CA005189 .63 O'BOYLE/O'HARE Case No. 2014CA005628 Roeder .64 CITIZENS V GULF STRM/BRANNON Case No. 2014CA006112 .65 CITIZENS v GULF STRM Case No. 2014CA006360 .66 O'HARE Case No. 2014CA006848 Roeder .67 CG ACQUISITION CO v GULF Case No. 2014CA007123 .69 O'BOYLE Case No: 502014CA008076 .70 O'HARE Case No: 2014CA008142 Roeder .71 O'HARE Case No: 2014CA008327 Roeder .72 O'Hare Case No: 2014CA007516 Roeder .73 Slop Dirty Government/O'Boyle Case No: 2014CCO08529 .74 Asset Enhancement Case No: 2014CA010216 .78 O'Boyle, v Gulf Stream, Case No. 2014CAOI 1940 .79 O'Hare, Case No: 2014CCO10685 Roeder .80 O'Hare, Case No: 2014CCO10712 Roeder .81 O'Boyle v JFJS/Gulf (Broward County 14-14780-73) .82 O'Boyle, Case No: 2014CCO15050 Roeder .83 O'Hare, Case No: 2014CCOl2269 Roeder .84 O'Hare, Case No: 2014CCOl2274/NOW 2015CA006067 Roeder .90 O'Boyle, Case No: 502016CA004546XXXXMB P:\DOCS\13147\00033\DOC\l QE3928.DOCX Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Oboyle Law Firm Renee Basel From: Galin, Lynn <GelinL@mydelraybeach.com> Sent: Wednesday, November 16, 2016 1:22 PM To: OConnor, Joanne M. Subject: RE: O'Hare PRR suits This message originated from outside your organization Hi Joanne. Hope all is well. I have the continuation of my fee hearing with O'Hare next week. They retained new counsel, Elaine Johnson James, as well as a fee expert, Eugene Pettis (the former president of the Florida Bar), to further their cause. Just wanted to update you. Are your cases over? Lynn Galin, Esq. Asst. City Attomey City of Delray Beach—Office of die City Attorney 200 N.W. 1" Avenue Delray Beach, FL 33444 Phone: (561) 243-7091 rax: (561) 278-4755 www.mvdelravbeach.coni PUBLIC RECORDS NOTE: Florida hus avery broad public records law. Mostwritten communications to or from local officials, employees, or the general public regarding city business are public records available m the public and media upon request Your e-mail communications may therefore be subject to public disclosure. From: Gelin, Lynn Sent: Friday, August 26, 2016 3:20 PM To: 'OConnor, Joanne M: Subject: RE: O'Hare PRR suits Thank you so much. No, he doesn't have a fee expert. Lynn Gelin, Esq. Asst. City Attorney City of Delray Beach—Office of the City Attorney 200 N.W. 1" Avenue Delray Beach, FL 33444 Phone: (561) 243-7091 Fax: (561) 2784-755 www.mvdelnybeach.coni PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: OConnor, Joanne M.fmailto:JOConnor(cbionesfoster.coml Sent: Friday, August 26, 2016 2:26 PM To: Gelin, Lynn Cc: Rustin, Janice Subject: Re: O'Hare PRR suits Sure. Copying my assistant Mary Macfarlane. We will get you materials by Monday morning. Do they have a fee expert? Sent from my iPhone On Aug 26, 2016, at 6:08 PM, Gelin, Lynn <GelinL@mydelraybeach.com> wrote: This message originated from outside your organization Hi Joanne. It was nice speaking with you today. As promised, attached please find Roeder's motion for attorney's fees and exhibits as well as the City's response. If you could forward to me any Complaints filed by either O'Hare or Roeder it would be much appreciated. In addition, could you provide me with the case law concerning the denial of fees after the request has been fulfilled? Thanks for all of your assistance. Safe travelsl Lynn Gehn, Esq. Asst. City Attorney City of Delray Beach—011ice of the City Attorney 200 N.W. 1" Avenue Delray Beach, FL 33444 Plione: (561) 243-7091 Fax: (561) 278-4755 www.mydclraybeach.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communicatiom to or from local officials, employees, or the general public regarding city bmiam are public records available to the public and media upon requwL Your e-mail rommuniwtiom may therefore be subject to public disdmurc. <7-13-16 City's response to P's attorney fees award.pdf> <1-18-16 Summons and Complaint.pdf> <4-19-16 PIS Motion for Attorney's Fees and Costs.pdf> <5-5-16 PIS Notice of Filing Affidavit of Attorney's Fees.pdf> Renee Basel From: OConnor, Joanne M. <JOConnor@jonesfoster.com> on behalf of OConnor, Joanne M. Sent: Sunday, August 28, 2016 1:37 PM To: GelinL@mydelraybeach.com Cc: rustin@mydelraybeach.com; KGardner@jonesfoster.com Subject: RE: O'Hare PRR suits Attachments: Winter Garden v. Norflor Constr. Corp._ 396 So. 2d 865.docx; SKMBT C65214091015050.pdf See attached and below referencing a prior order in the attached case by Judge Cox. I may have more at the office. Could you also send me your trial briefs and/or transcript of your hearing? I would think they have to have an expert to support their fee request. I am not aware of any exception to the general rule that would require expert testimony on fees for Public Records Act cases. As the Court has previously ruled, fees incurred after a party receives unlawfully refused public records are not recoverable. See Order Denying Defendant's Motion to Abate and to Set Hearing for Attorney's Fees, entered July 22, 2014. Winter Garden v. Noi for Constr. Coip., 396 So. 2d 865, 867 (Fla. 5th DCA 198 1) (general contractor entitled to reasonable fees incurred up to the date in which defendant city produced the requested documents, not fees subsequently incurred in trying to obtain documents from independent engineer hired by city). See also, Downs v. Austin, 559 So. 2d 245, 248 (Fla. Ist DCA 1990). (Section 119.12 permits an award only of a plaintiff's reasonable attorney's fees incurred in enforcing the public records statute — i.e., obtaining the records — and does not entitle a plaintiff to an award of fees incurred in trying to obtain a fee judgment). From: Gelin, Lynn [ma ilto:Gel inL@mydelraybeach.com] Sent: Friday, August 26, 2016 1:48 PM To: OConnor, Joanne M. Cc: Rustin, Janice Subject: O'Hare PRR suits This message originated from outside your organization Hi Joanne. It was nice speaking with you today. As promised, attached please find Roeder's motion for attorney's fees and exhibits as well as the City's response. If you could forward to me any Complaints filed by either O'Hare or Roeder it 1 would be much appreciated. In addition, could you provide me with the case law concerning the denial of fees after the request has been fulfilled? Thanks for all of your assistance. Safe travels! Lynn Gelin, Esq. Ass[. Cily Attorney City ol'Dclr.ty Beach—011icc ot'dic City Atlorncy 200 N.W. P Avcnuc Delray Beach, FL '33444 Phone. (561) 243-7091 Pas: (561) 278-1755 ttnu<v.nn'dclraybcacll.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your a -mail communications may therefore be subject to public disclosure. © Cited As of: April 27, 2016 4:57 PM EDT Winter Garden v. Norflor Constr. Court of Appeal of Florida, Fifth District April 15, 1981 No. 80-346 Reporter 396 So. 2d 865; 1981 Fla. App. LEXIS 19246 THE CITY OF WINTER GARDEN, a municipal corporation of the State of Florida, Appellant, v. NORFLOR CONSTRUCTION CORPORATION, a Florida corporation, Appellee Prior History: ["11] Appeal from the Circuit Court for Orange County, B. C. Muszynski, Judge. Case Summary Appellant city sought review of a final judgment from the Circuit Court for Orange County (Florida), granting a peremptory writ of mandamus and entering an award of attorney's fees in favor of appellee construction corporation, in a case arising from a writ of mandamus requiring appellant to produce public records for review in connection with a dispute over a public contract. Appellee construction corporation agreed to construct a water treatment plant for appellant city. When a dispute arose, appellee demanded inspection of all public records relating to the plant construction. Some records were in the possession of the city engineer. On an alternative writ of mandamus, appellee produced all records in its possession, which excluded the records held by the engineer. The trial court, in a hearing between appellee and appellant only, rendered a final judgment, granting a peremptory writ of mandamus and entering an award of attorney's fees against appellant, which sought review of the judgment. The court granted the writ, reversed the trial court's final judgment, and quashed the writ of mandamus. The court held that the writ of mandamus, as an extraordinary writ, was inappropriate where there was no benefit to be achieved, as when the act had been performed. Moreover, the court found that as writs of mandamus were best directed against individuals, even in civic matters, and as the party with custody of the contested documents, the engineer, was not party to the action, the writ was unnecessary. The court reversed the trial court's final judgment for appellee construction company, and quashed the peremptory writ of mandamus against appellant city as unnecessary because the objective of the writ had already been achieved. The cause was remanded for reassessment of excessive attorney's fees. LexisNexis® Headnotes Civil Procedure > Remedies > Writs > General Overview Civil Procedure > ... > Writs > Common Law Writs> Mandamus HN1 Mandamus is an extraordinary writ and discretionary remedy and should not be granted when it will achieve no beneficial result such as when the act sought to be compelled has been performed. Civil Procedure> Remedies> Writs> General Overview Civil Procedure > ... > Writs> Common Law Writs > Mandamus Governments > Local Governments > Employees & Officials HN2 Although mandamus actions against municipal and private corporations have been permitted, writs of mandamus are essentially personal actions directed to particular persons in their official capacity for the purpose of compelling recalcitrant officials to perform clear legal duties. Counsel: William E. Grass, of Hadley, Gnass & McNabb, P. A., Winter Garden, for appellant. Winter Garden v. Norflor Constr. Corp. Ronald W. Sikes, and Welbaum, Zook, Jones & Williams, Orlando, for appellee. Judges: Before COWART, J. COBB and UPCHURCH, F., JJ., concur. Opinion by: COWART Opinion ['866] COWART, J. Appellee, Nornor Construction Corporation, agreed to construct a city waste water treatment plant for appellant, the City of Winter Garden. Both the city and the city's project engineer, Boyle Engineering Corp., had possession of records relating to the plant construction. When a dispute arose between the appellant city and the appellee construction company, appellee made a demand on the city to inspect all public records of the city relating to the plant construction. Appellee was shown and inspected certain city records at the city hall. Appellee demanded that the city produce further records including the records in possession of Boyle and, not receiving them, petitioned the circuit court, which issued an alternative writ of mandamus ordering the city to produce all public records relating to the construction project, including those in possession ["'2] of Boyle. Boyle was not made a party to this proceeding. On January 10, 1980, the city produced all other records in its possession but not those in possession of Boyle. After a hearing the trial court rendered a final judgment granting a peremptory writ of mandamus and entering an award of attorney's fees against appellant. The city appeals. After rendition of the final judgment appellee caused subpoenas duces tecum to be issued and served upon Boyle Engineering Corp. and its employees Fritz and Upington, who successfully petitioned this court for a writ of certiorari quashing the subpoenas because they were not parties to the mandamus proceeding. Fritz v. Norflor Const. Co.. 386 So.2d 899 (Fla. 5th DCA 1980). Fritz directs the disposition of this appeal. HN1 Mandamus is an extraordinary writ and discretionary remedy and should not be granted when it will achieve no beneficial result such as when the act sought to be compelled has been performed. See, e. g., Page 2 of 3 Scarborough v. State. 262 So.2d 674 (Fla. 1972); Johnson v. Prosecuting Attorney for the Court of Record. 233 So.2d 377 (Fla. 1970); State ex rel. Lloyd v. City of Ft. ["867] Pierce. 206 So.2d 251 (Fla. 4th DCA 1968); ["3] Phillips v. State. 182 So.2d 46 (Fla. 1st DCA 1966); State ex rel. Mann v. Burns. 109 So.2d 195 (Fla. 1st DCA 1959). HN2 Although mandamus actions against municipal and private corporations have been permitted, writs of mandamus are essentially personal actions directed to particular persons in their official capacity for the purpose of compelling recalcitrant officials to perform clear legal duties. 1 This conceptual theory suggests that the original mandamus action would have more appropriately been brought against the persons having actual custody of the desired records. In this case that would have led to naming as respondents the city manager and Fritz and Upington or other individual employees of Boyle having actual possession of the desired records. Section 119.011(2), Florida Statutes (1979), defining "agency" is consistent with this theory. Service of process on the particular persons required to perform the duty gives them a right to be heard, subjects them to the jurisdiction of the court, and facilitates enforcement of the court's authority. In this case such adherence to theory would have eliminated the need for the review in Fritz and, perhaps, for this appeal. ["'4] Since neither Boyle nor its employees were parties to the mandamus proceeding both the alternative and peremptory writs erroneously related to records in Boyle's possession. Fritz. The city produced all relevant records in its possession forthwith when served with the alternative writ. Therefore the peremptory writ was unnecessary and should not have issued. The award of attorney's fees against appellant under section 119.12. Florida Statutes (1979), should not include payment for services incurred in appellee's efforts in this cause to obtain records in Boyle's possession but should be limited to reasonable attorney's fees for necessary legal services performed leading to the full production on January 10, 1979, of all relevant public records in the possession of the city and 1 See generally Goodrich & Cone, Mandamus in Florida, 4 U.Fla.L.Rev. 535 (1951). Page 3 of 3 Winter Garden v. Norflor Constr. Corp should not include payment for legal services rendered REVERSED. thereafter in the trial court or on appeal. This cause is remanded for reassessment of attorney's fees, the peremptory writ of mandamus is quashed and the final COBB and FRANK D. UPCHURCH, Jr., JJ., concur. judgment is End of Document Renee Basel From: Macfarlane, Mary <mmacfarlane@jonesfoster.com> on behalf of Macfarlane, Mary Sent: Friday, August 26, 2016 3:57 PM To: GelinL@mydelraybeach.com; mmacfarlane@jonesfoster.com Cc: rustin@mydelraybeach.com; JOConnor@jonesfoster.com Subject: Re: RE: O'Hare PRR suits Attachments: 1KT6686-COMPLAINT.80.PDF; 1L94337-complaint.PDF From: "Macfarlane, Mary" <mmacfarlane@jonesfoster.com> Date: Fri Aug 26 15:53:03 EDT 2016 To: "Gelin, Lynn" <GelinL@mydelraybeach.com>,"Macfarlane, Mary" <mmacfarlane@jonesfoster.com> Cc: "Austin, Janice" <rustin@mydelraybeach.com>,"OConnor, Joanne M." <JOConnor@jonesfoster.com> Subject: Re: RE: O'Hare PRR suits More complaints... From: "Macfarlane, Mary" <mmacfarlane@jonesfoster.com> Date: Fri Aug 26 15:35:36 EDT 2016 To: "Gelin, Lynn" <GelinL@mydelraybeach.com>,"Macfarlane, Mary" <MMacfarlane@jonesfoster.com> Cc: "Rustin, Janice" <rustin@mydelraybeach.com>,"OConnor, Joanne M." <JOConnor@jonesfoster.com> Subject: Re: RE: O'Hare PRR suits From: "Macfarlane, Mary" <MMacfarlane@jonesfoster.com> Date: Fri Aug 26 15:07:05 EDT 2016 To: "Gelin, Lynn" <GelinL@mydelraybeach.com> Cc: "Rustin, Janice" <rustin@mydelraybeach.com>,"OConnor, Joanne M." <JOConnor@jonesfoster.com> Subject: RE: O'Hare PRR suits First batch of complaint are attached. From: OConnor, Joanne M. Sent: Friday, August 26, 2016 2:59 PM To: 'Gelin, Lynn' Cc: Rustin, Janice; OConnor, Joanne M. (JOConnor@jonesfoster.com) Subject: RE: O'Hare PRR suits Attached is a list of cases showing the ones where Roeder has appeared and the ones where The OBoyle Law Firm has appeared. In some cases, they both appeared. Next, I will send you complaints in each of the cases in which Roeder has appeared. There are several. I will keep them in the order of the list. From: Gelin, Lynn[mailto:GelinLCalmydelraybeach.coml Sent: Friday, August 26, 2016 1:48 PM To: OConnor, Joanne M. Cc: Rustin, Janice Subject: O'Hare PRR suits This message originated from outside your organization Hi Joanne. It was nice speaking with you today. As promised, attached please find Roeder's motion for attorney's fees and exhibits as well as the City's response. If you could forward to me any Complaints filed by either O'Hare or Roeder it would be much appreciated. In addition, could you provide me with the case law concerning the denial of fees after the request has been fulfilled? Thanks for all of your assistance. Safe travels! Lynn Gelin, Esq. Asst. City Attorney City of Delray Beach—011ice of the City Attorney 200 NANI. V Avenue Delray Beach, FL 33444 Phone: (56 1) 213-7091 Fax: (56 1) 278-47.5,5 «mM1v.111vdch-avbcach.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Yom a -mail wtmntudmtions may therefore be subject to public duclosme. F } 11 k 1, n a' j :y Iii ;. 1 '711 i''0 If is IN I lu� 11 4' ,'III A� SSS f i^ .,�'11Yi Ilan 3r li'..}G'. r•I` rlN •, III m3 a 444 Ple A, 3y rbc, ::�•; J: I'll rp �'. Yr1_— i ' 1ih _� �:$► ,. it ; ill shy 'i NNI -I .-a �r: 1 b l IN > ISC � r Renee Basel From: Macfarlane, Mary <mmacfarlane@jonesfoster.com> on behalf of Macfarlane, Mary Sent: Friday, August 26, 2016 3:52 PM To: GelinL@mydelraybeach.com; mmacfarlane@jonesfoster.com Cc: rustin@mydelraybeach.com; JOConnor@jonesfoster.com Subject: Re: RE: O'Hare PRR suits Attachments: 1156139 -complaint 71.PDF; 11T9705-complaint.72.PDF; 1JZ4876-amended complaint.PDF; 1KT6653-complaint.79.PDF More complaints... From: "Macfarlane, Mary" <mmacfarlane@jonesfoster.ccm> Date: Fri Aug 26 15:35:36 EDT 2016 To: "Gelin, Lynn" <GelinL@mydelraybeach.com>,"Macfarlane, Mary" <MMacfarlane@jonesfoster.com> Ce: "Rustin, Janice" <rustin@mydelraybeach.com>,"OConnor, Joanne M." <JOConnor@jonesfoster.com> Subject: Re: RE: O'Hare PRR suits From: "Macfarlane, Mary" <MMacfarlane@jonesfoster.com> Date: Fri Aug 26 15:07:05 EDT 2016 To: "Gelin, Lynn" <GelinL@mydelraybeach.com> Ce: "Rustin, Janice" <rustin@mydelraybeach. com>,"OConnor, Joanne M." <JOConnor@jonesfoster.com> Subject: RE: O'Hare PRR suits First batch of complaint are attached. From: OConnor, Joanne M. Sent: Friday, August 26, 2016 2:59 PM To: 'Gelin, Lynn' Cc: Rustin, Janice; OConnor, Joanne M. (JOConnor@jonesfoster.com) Subject: RE: O'Hare PRR suits Attached is a list of cases showing the ones where Roeder has appeared and the ones where The OBoyle Law Firm has appeared. In some cases, they both appeared. Next, I will send you complaints in each of the cases in which Roeder has appeared. There are several. I will keep them in the order of the list. From: Gelin, Lynn[mailto:GelinLCalmvdelravbeach.coml Sent: Friday, August 26, 2016 1:48 PM To: OConnor, Joanne M. Cc: Rustin, Janice Subject: O'Hare PRR suits This message originated from outside your organization Hi Joanne. It was nice speaking with you today. As promised, attached please find Roeder's motion for attorney's fees and exhibits as well as the City's response. If you could forward to me any Complaints filed by either O'Hare or Roeder it would be much appreciated. In addition, could you provide me with the case law concerning the denial of fees after the request has been fulfilled? Thanks for all of your assistance. Safe travels! Lynn Gelin, Esq. Asst. City Attorney City of Delray Beach—Office of die City Attorney 200 N.W. 1" Avenue Delray Beach, FL 33444 Phone: (561) 243-7091 Fax: (561) 278-4755 www.mydelravbeach.com PUBLIC RECORDS NOTE. Florida has a very broad public records law. Mostwdttm communiariom to orfrom local officials, employees, orthe general public regarding sty business are public records available to the public and media upon request Your email mmmuoiauom may therefore be subject to public disclosure. Renee Basel From: Macfarlane, Mary <mmacfarlane@jonesfoster.com> on behalf of Macfarlane, Mary Sent: Friday, August 26, 2016 3:35 PM To: GelinL@mydelraybeach.com; MMacfarlane@jonesfoster.com Cc: rustin@mydelraybeach.com; JOConnor@jonesfoster.com Subject: Re: RE: O'Hare PRR suits Attachments: 1125415-OHARE 000824 COMPLAINT _47_pdf.eml; 1125419-OHARE 000835 COMPLAINT _48_pdf.eml; 1128222-ohare 000894 complaint _49_pdf.eml; 11C9168- ohare complaint case no 1776 (52)_pdf.eml; 11H7542 -complaint 56_pdf.eml; 1J58564 - complaint oboyle vs gulf stream _60_PDF.eml; 11D2127 -complaint _63_PDF.eml; 111<8819 -complaint ohare _66_PDF.eml From: "Macfarlane, Mary" <MMacfarlane@jonesfoster.com> Date: Fri Aug 26 15:07:05 EDT 2016 To: "Gelin, Lynn" <GelinL@mydelraybeach.com> Cc: "Rustin, Janice" <rustin@mydelraybeach.com>,"OConnor, Joanne M." <JOConnor@jonesfoster.com> Subject: RE: O'Hare PRR suits First batch of complaint are attached. From: OConnor, Joanne M. Sent: Friday, August 26, 2016 2:59 PM To: 'Gelin, Lynn' Cc: Rustin, Janice; OConnor, Joanne M. (JOConnor@jonesfoster.com) Subject: RE: O'Hare PRR suits Attached is a list of cases showing the ones where Roeder has appeared and the ones where The OBoyle Law Firm has appeared. In some cases, they both appeared. Next, I will send you complaints in each of the cases in which Roeder has appeared. There are several. I will keep them in the order of the list. From: Gelin, Lynn[mailto:GelinLCalmydelravbeach.coml Sent: Friday, August 26, 2016 1:48 PM To: OConnor, Joanne M. Cc: Rustin, Janice Subject: O'Hare PRR suits This message originated from outside your organization Hi Joanne. It was nice speaking with you today. As promised, attached please find Roeder's motion for attorney's fees and exhibits as well as the City's response. If you could forward to me any Complaints filed by either O'Hare or Roeder it would be much appreciated. In addition, could you provide me with the case law concerning the denial of fees after the request has been fulfilled? Thanks for all of your assistance. Safe travels! Lynn Gelin, Esq. Asst. City Attorney City of Delray Beach—Office of the City Attorney 200 N.W. 1" Avenuc Delray Beach, FL 33444 Phone: (561) 243-7091 Fax: (561) 278-4755 www.mvdelmvbcach.com PUBLIC RECORDS NOTE: Florida has a verybroad public records law. Mostwritten rommunicatiom to orfrom local offidals, emplaym, or the general public regarding city business are public records available to the public and media upon request Your e-mail communications may therefore be subject to public disclosure. Renee Basel From: Macfarlane, Mary <mmacfarlane@jonesfoster.com> on behalf of Macfarlane, Mary Sent: Friday, August 26, 2016 4:02 PM To: GelinL@mydelraybeach.com; mmacfarlane@jonesfoster.com Cc: rustin@mydelraybeach.com; JOConnor@jonesfoster.com Subject: Re: RE: O'Hare PRR suits Attachments: 1 LA9361 -complaint.PDF; 1LA9396-complaint.PDF Last batch. Thank you. From: "Macfarlane, Mary" <rmnacfarlane@jonesfoster.com> Date: Fri Aug 26 15:57:36 EDT 2016 To: "Gelin, Lynn" <GelinL@mydelraybeach.com>,"Macfarlane, Mary" <mmacfarlane@jonesfoster.com> Cc: "Austin, Janice"<rustin@mydelraybeach.com>,"OConnor, Joanne M." <JOConnor@jonesfoster.com> Subject: Re: RE: O'Hare PRR suits From: "Macfarlane, Mary" <mmacfarlane@jonesfoster.com> Date: Fri Aug 26 15:53:03 EDT 2016 To: "Gelin, Lynn" <GelinL@mydelraybeach.com>,"Macfarlane, Mary" <mmacfarlane@jonesfoster.com> Cc: "Austin, Janice" <rustin@mydelraybeach.com>,"OConnor, Joanne M." <JOConnor@jonesfoster.com> Subject: Re: RE: O'Hare PRR suits More complaints... From: "Macfarlane, Mary" <mmacfarlane@jcnesfoster.com> Date: Fri Aug 26 15:35:36 EDT 2016 To: "Gelin, Lynn" <GelinL@mydelraybeach.com>,"Macfarlane, Mary" <MMacfarlane@jonesfoster.com> Cc: "Rustin, Janice" <rustin@mydelraybeach.com>,"OConnor, Joanne M." <JOConnor@jonesfoster.com> Subject: Re: RE: O'Hare PRR suits From: "Macfarlane, Mary" <MMacfarlane@jonesfoster.com> Date: Fri Aug 26 15:07:05 EDT 2016 To: "Gelin, Lynn" <GelinL@mydelraybeach.com> Cc: "Rustin, Janice"<rustin@mydelraybeach.com>,"OConnor, Joanne M." <JOConnor@jonesfoster.com> Subject: RE: O'Hare PRR suits First batch of complaint are attached. From: OConnor, Joanne M. Sent: Friday, August 26, 2016 2:59 PM To: 'Gelin, Lynn' Cc: Rustin, Janice; OConnor, Joanne M. (JOConnor@jonesfoster.com) Subject: RE: O'Hare PRR suits Attached is a list of cases showing the ones where Roeder has appeared and the ones where The OBoyle Law Firm has appeared. In some cases, they both appeared. Next, I will send you complaints in each of the cases in which Roeder has appeared. There are several. I will keep them in the order of the list. From: Gelin, Lynn[mailto:GelinLCabmvdeiravbeach.coml Sent: Friday, August 26, 2016 1:48 PM To: OConnor, Joanne M. Cc: Rustin, Janice Subject: O'Hare PRR suits This message originated from outside your organization Hi Joanne. It was nice speaking with you today. As promised, attached please find Roeder's motion for attorney's fees and exhibits as well as the City's response. If you could forward to me any Complaints filed by either O'Hare or Roeder it would be much appreciated. In addition, could you provide me with the case law concerning the denial of fees after the request has been fulfilled? Thanks for all of your assistance. Safe travels! Lynn Gehn, Esq. Ass(. City Attorney City of Delray Beach—011icc of the City Attorney 200 N.W. 1" Avcnuc Delray Bcach, PL 33441 Phonc: (.561) 213-7091 Fax: (561) 278-4755 wimmvdelnvbeacb.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Mmt written communiratiam to or from local officials, employes, or the general public regarding city bmineus are public records available to the public and media upon request. Your e-mail mmmunimtiom may therefore be subject to public duclosme. Renee Basel From: Gelin, Lynn <GelinL@mydelraybeach.com> on behalf of Gelin, Lynn Sent: Monday, August 29, 2016 3:01 PM To: JOConnor@jonesfoster.com Subject: Transcript Attachments: 3-3-16 Transcript of Hearing.pdf This message originated from outside your organization As promised... Lynn Gelin Asst. City Attorney Renee Basel From: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Friday, November 18, 2016 4:41 PM To: Trey Nazzaro Subject: FW: O'Hare v. City of Delray Beach Attachments: 2016-11-16 PIs Mot for Supp Relief of Reasonable Costs.pdf; Transcript of 8-30-16 fee hearing.pdf Hearing is Tuesday at 10:30 before Judge Panse. JONESFOSTER - JOHNS" V; kS l UOUS.i_. Joanne M. O'Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 1 Fax: 561.650.5300 1 joconnor(@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. if so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Gelin, Lynn[ma ilto:Gel inL@mydelraybeach.com] Sent: Friday, November 18, 2016 4:17 PM To: OConnor, Joanne M. Subject: O'Hare v. City of Delray Beach This message originated from outside your organization I will update you after my hearing next week. Can you send me a copy of your Motion for Supplemental Relief when you get a chance? Thanks and have a great weekend! Lynn Gelin, Esq. Asst. City Attorney City of Delray Beach—Office of die City Attorney 200 N.W. 1" Avenue Delray Beach, FL 33444 Phone: (561) 243-7091 Fax: (561) 278-4755 www.naydelraybeach.corn PUBLIC RECORDS NOTE: Floridahas a very broad public records law. Most written communications to or from local officials, employee, or the general public regarding city Msiness are public records available to the public and media upon request Your a trail communications may therefore be subject to public disclosure. Filing # 48966204 E -Filed 11/16/2016 01:15:41 PM IN THE COUNTY COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CHRISTOPHER F. O'HARE, Plaintiff, CASE NO.:502016-CC-000556-JC XX MB V. CITY OF DELRAY BEACH, FLORIDA, Defendant. PLAINTIFF'S MOTION FOR SUPPLEMENTARY RELIEF OF REASONABLE COSTS OF ENFORCEMENT, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS Plaintiff, CHRISTOPHER E. O'HARE ("Mr. O'Hare"), by and through the undersigned counsel, hereby moves this honorable Court for supplemental relief with regard to his April 19, 2016 Motion for Attorneys' Fees ("Motion") and in support states: 1. In the Motion, Mr. O'Hare requested whatever supplemental relief the Court deemed appropriate. 2. After the evidentiary hearing on the Motion on August 30, 2016, Mr. O'Hare retained Eugene Pettis as his expert witness on reasonable costs of enforcement and Elaine Johnson James, a trial attorney, to represent him in the remaining proceedings in this matter. Mr. O'Hare has agreed to pay Mr. Pettis and Ms. James their normal hourly rates for the services being provided. 3. These expenses are part of the costs Mr. O'Hare has incurred enforcing his rights under chapter 119, Florida Statutes. Accordingly, he requests that, at the hearing on the Motion on November 22, 2016, the Court hear (i) brief testimony from Mr. Pettis and Ms. James concerning the services each has provided to, and the expenses thereby incurred by, Mr. O'Hare, as well as Mr. Pettis' testimony regarding reasonableness, and (ii) include the services reasonably provided to Mr. O'Hare by Mr. Pettis and Ms. James among the costs of enforcement which the Court requires the City of Delray Beach to reimburse Mr. O'Hare. WHEREFORE, Plaintiff Christopher O'Hare respectfully requests this Court to grant him supplemental relief and any other relief this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that, on the 16th day of November, 2016, I electronically filed this document with the Clerk of the Court using the Florida Courts E -Filing Portal, causing it to be served upon: Janice D. Rustin, Esq, Assistant City Attorney, 200 N.W. 1st Avenue, Delray Beach, FL 33444 (rustin(E�mvdelravbeach.com), Lynn D. Gelin, Esq, Assistant City Attorney, 200 N.W. 1st Avenue, Delray Beach, FL 33444 (gelinLaa.mvdelravbeach.coml, and Louis Roeder, Esq., 7414 Sparkling Lake Road, Orlando, FL 32819, lou.roedeaemail.com. Respectfully Submitted, ELAINE JOHNSON JAMES, P.A. P.O. Box 31512 Palm Beach Gardens, FL 33420 561245-1144 phone 561244-9580 fax eiamesia,elaineiohnsoniames.com eiiames50Ca icloud.com By: Elaine Johnson James Elaine Johnson James Florida Bar No. 791709 Co -counsel for Plaintiff 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502016-CC-00556-XXXX MB CHRISTOPHER F. O'HARE, Plaintiff, vs. CITY OF DELRAY BEACH, FLORIDA, Defendant. TRANSCRIPT OF PROCEEDINGS DATE TAKEN: Tuesday, August 30, 2016 PLACE: Palm Beach County Courthouse 205 North Dixie Highway Courtroom 6A West Palm Beach, Florida 33401 BEFORE: Honorable Robert Panse This cause came on to be heard at the time and place aforesaid, when and where the following proceedings were reported by April Goldberg, Florida Professional Reporter. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES FOR THE PLAINTIF LOUIS L. ROEDER III, ESQUIRE 7414 Sparkling Lake Road Orlando, Florida 32819 407-758-4194 lou@louroeder.com APPEARANCES FOR THE DEFENDAN JANICE D. RUSTIN, ESQUIRE LYNN GELIN, ESQUIRE OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH 200 NW 1st Avenue Delray Beach, Florida 33444 561-243-7090 rustin@mydelraybeach.com gelinL@mydelraybeach.com ALSO PRESENT: CHRISTOPHER F. O'HARE Express Court Reporting, Inc. 561-533-6055 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X WITNESSES ON BEHALF OF THE PLAINTIFF TESTIMONY OF LOUIS ROEDER Cross Examination by Ms. Gelin WITNESSES ON BEHALF OF THE DEFENDANT JANICE RUSTIN Direct Examination by Mr. Gelin Cross Examination by Mr. Roeder CLOSING STATEMENT BY MR. ROEDER CLOSING STATEMENT BY MS. GELIN REBUTTAL BY MR. ROEDER CERTIFICATE OF REPORTER No. 1 2 3 M"e 1 2 3 4 PLAINTIFF'S EXHIBITS DEFENDANT'S EXHIBITS ID ID 3 PAGE 18 48 1 100 100 104 Admitted 28 45 Admitted 88 91 91 91 Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q P R O C E E D I N G S THE COURT: Okay, so Christopher O'Hare versus the City of Delray Beach. Counsel, state your appearances for the record. MR. ROEDER: Lou Raeder for the plaintiff, Christopher O'Hare. MS. GELIN: Good morning, Judge, Lynn Gelin, Janice Rustin just stepped out to go to the restroom, on behalf of the City of Delray Beach. THE COURT: Okay. And then what's the spelling on your last name? MS. GELIN: G, as in George, E -L -I -N, as in Nancy, Gelin. THE COURT: Gelin. Okay. MS. GELIN: Judge, can I just ask you a quick question before we start? THE COURT: Sure. MS. GELIN: I was going to mark our exhibits for the Court. Is there a preference where the Court would like me to mark them? THE COURT: Well, usually the lower right so it's not going to block anything out. MS. GELIN: Okay. That was my concern. Just on one of them it will block something out. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 THE COURT: Yeah, you could put it somewhere else so it's not blocking or obstructing anything. MS. GELIN: Is it okay if I just put it on the top? THE COURT: That's fine. MS. GELIN: Thank you, Judge. THE COURT: All right. So we're here for a hearing, an evidentiary hearing, on attorney's fees and costs. It's plaintiff's motion to recover those. Mr. Roeder, do you have an expert witness you're going to put on this morning? MR. ROEDER: No, sir, not this morning. THE COURT: No? MR. ROEDER: Nope. THE COURT: Defense, any expert witnesses? MS. GELIN: No, sir. THE COURT: All right. Do the parties stipulate that whatever evidence is put forth here today shall constitute the full, entire evidence for the Court to utilize in determining what the reasonable amount of attorney's fees and court costs are? In other words, are you prepared to go forward today, both of you, without expert witnesses, and do you stipulate that you're not Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I going to be utilizing expert witnesses or challenging my ruling because you did not have an expert witness here today? MS. GELIN: Do you want to go first? MR. ROEDER: I will not challenge for the lack of an expert witness, but we will have, as part of our presentation, just a reference that we haven't had full response to discovery, but we're trying to deal with it the best we can. THE COURT: Okay. Defense? MS. GELIN: Judge, our position is, because this is plaintiff's motion, he does have the burden in this case, our position is that he should have an expert witness testify as to the reasonableness of his fees. And so we will rely on the Court's ruling; however, based on the case law, and I do have some if the Court would like to see, our position is that it was his burden to present some type of expert testimony that the fees that he is requesting are reasonable in light of the community standards, as well as his training and experience. THE COURT: Okay. And you've got case law that says an expert witness is required? MS. GELIN: Yes, sir. Would you like me to submit that now? Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 THE COURT: Yeah, let's see it now. MS. GELIN: I do have copies for the Court and counsel. Judge, the first case I would bring to the Court's attention is Rodriguez versus Campbell, which is 720 So.2d 266. (Discussion between counsel.) THE COURT: And where does it say here that the plaintiff has to have an expert witness to recover any attorney's fees? I guess in that footnote 5, as I'm going down here, or headnote 5. MS. GELIN: Would you like me to direct you to it? THE COURT: Pardon me? MS. GELIN: Did you want me to show you? I have two other cases to support the propositions. THE COURT: Yeah, let me just scan through this first. MS. GELIN: Sure. THE COURT: So what concerns me right now, Mr. Roeder, is headnote 8 that says when the record contains some competent and substantial evidence supporting the fee or cost order, if you fail to include some essential evidentiary support, such as testimony from the attorney performing the Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q services -- well, actually it says or testimony from additional expert witnesses, the appellate court will reverse. So I'll switch back, now I see the word or there, I'll switch back to you, Ms. Gelin. So that seems to indicate that if Mr. Roeder is going to testify himself as to the services that are rendered, that he may not have to have an expert, but that the Court can just consider the weight of that testimony. Do you have some other cases that say that it's not or, but and? MS. GELIN: Yes, sir. So I also have for the Court Benitez versus Benitez, which is 337 So.2d 408, where it states that the self-serving nature of testimony given by an attorney who performed services for which an attorney's fee is sought precludes the Court from making an award based solely on that attorney's testimony. So that's -- you know, without an expert testifying that his fees are reasonable, that's what Mr. Roeder would be doing today. It would be self-serving as to whether or not those fees are reasonable. I also have -- THE COURT: Is that an attorney's fees case? MS. GELIN: Yes, sir. It was a divorce action Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I and they were contesting the amount fixed as attorney's fees. THE COURT: And there were no expert witnesses that testified in that case? It was just the attorney who provided the services who was testifying in order to try to recover those fees? MS. GELIN: Yes, sir. THE COURT: Okay. Do you have a copy of that one for me? MS. GELIN: I do, yes. MR. ROEDER: Your Honor, we have more than just my testimony. We actually have discovery, certain discovery we found on the internet regarding local fees and so forth, and also the rules, the ethic rules that talk about what's to be taken into consideration. We were following basically the Court's order for the fee hearing which talked about the process for mediation. And before that, it talked about the process of what parties are supposed to give what information to the other party, what information they were supposed to give back in preparation for mediation and preparation for court, and that's what we were relying upon. And we're here to talk about that today. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 MS. GELIN: Judge -- THE COURT: Ms. Gelin, hang on. Let me take a quick look at this one, do them one at a time. Okay, next case that you have. MS. GELIN: This is also for the proposition concerning expert fees, Judge. I have Snow versus Harlan Bakeries, which is 932 So.2d 411, where it states that there was no testimony from an expert witness on the reasonable amount of fees in this case. They actually had affidavits, and the court was saying that that was insufficient, as well. As to Mr. Roeder's comment that he has internet printouts, Judge, I do have case law on that, as well. Internet printouts are hearsay. They are not admissible absent the person who prepared the document testifying, and for that proposition, I have -- when you're ready. THE COURT: Yes, give me a moment. I want to look at the Snow case. MS. GELIN: Sure. (Discussion between counsel.) THE COURT: Headnote 5? MS. GELIN: It's actually paragraph 3, Judge, on the second page. MR. ROEDER: If I might, Your Honor, I think Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that one there, that footnote or that call -out actually references that if there is no other expert testimony, then it was reversed for hearing for more evidence. THE COURT: Give me a moment. I want to finish reading that. Did you bring the Yakubik case with you that's referenced in footnotes 3 and 4 in the Harlan Bakeries case? MS. GELIN: You know what, Judge, I did not bring that case. And the reason why was because I found a different case, which is Snow, that talks about how Florida has a long-standing history of requiring expert fees. So when you look at the citation for that case, the one the Court just referenced, it still made reference back to Snow, or Snow made reference to it; but Snow stands for the proposition that there is a long-standing requirement that expert fees are necessary. THE COURT: Where's that long-standing language? MR. GILLEN: Sure. I apologize, Judge. It's not in this one. It was in one of the cases that -- THE COURT: Actually, it is. I just found it. It's in the first sentence under headnotes 1 and 2 Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 in the Snow case. Florida has a long-standing practice of requiring testimony of expert fee witnesses to establish the reasonableness of attorney's fees. MR. GILLEN: Thank you, Judge. MR. ROEDER: If I might, Your Honor, in my opening statement I think I address this issue. THE COURT: Okay, just one second. Yeah, so in the Snow case headnotes 1 and 2, at a minimum, an award of attorney's fees requires a predicate of substantial and competent evidence in the form of testimony by the attorney performing the services and by an expert as to the value of those services, citing Pridgen versus Agoado, which is from the Second DCA, 2005, and Cooper v. Cooper, 46 So.2d 1223, 1224 from the Fourth DCA from 1981. The attorney moving for fees can testify as to the amount of time he expended, but he must present some expert testimony as to what would be a reasonable hourly fee. And it cites the Yakubik case that I referenced and another one. All right. So, Mr. Roeder, the position of the City, and my prior knowledge of how these hearings are supposed to go, also, is that you need Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 to have an expert witness to testify here in order to establish your fees. By you testifying alone is not going to get you to where you need to be. So what's your response to that? MR. ROEDER: Your Honor, if I may. THE COURT: Yeah. MR. ROEDER: If that be true, the idea is that there needs to be more regarding the -- I think it said the expert testimony as to the hourly rate. The Town, in all their responses, have never objected to the hourly rate. The only thing they objected to was the time spent. And the best person to testify as to the time spent is myself and the attorneys, Your Honor. And it doesn't rule that out. It talks about expert testimony as far as the fee, but again, the Town has never objected to that. Plus, the underlying argument we're making here is that there's been a misunderstanding regarding the entitlement as it comes to fee shifting and public records cases. The public records cases, section 119.12 states specifically, and as reinforced by the Weeks v. Golden [phonetic] case, which I have the cases here, Your Honor, if you want them. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 S THE COURT: There's no issue on entitlement here, Mr. Roeder. We're here strictly for the amount of fees that are to be awarded. MR. ROEDER: Well, entitlement is not only to attorney's fees, but it's to all reasonable costs incurred in the course of litigation, including attorney's fees. And that was the proposition of Weeks v. Golden, Your Honor, which I have the case here. THE COURT: I mean, I've read through all of your memos, motions, responses in opposition that there's no dispute between the parties that the City acknowledges that you're entitled to recover your reasonable attorney's fees and also the costs that are awardable under the uniform guidelines for taxation of costs promulgated and approved by the Supreme Court. We're just here to conduct an evidentiary hearing and determine, for me to determine from that testimony and that evidence how much to award to you. So here's what I think -- MR. ROEDER: If I might. Just what you mentioned, Your Honor, you talk about the guidelines, the textbook guidelines. In fact, there's case law that says public records cases go beyond the textbook guidelines. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 THE COURT: Well, you can make that argument later. Okay? I just want to make sure that we have a clear understanding as to how we're going to be proceeding here today. MR. ROEDER: That would have actually been the easiest thing to do, is to get an expert witness -- THE COURT: Have you ever had these hearings before? MR. ROEDER: No, Your Honor. This is actually the first one where I ever got challenged. THE COURT: All right. You're going to have to have an expert. All right? And what I'm going to do, so that we're not wasting time here today, I am going to let you -all go forward and present to me whatever evidence that you have, and I'll continue the hearing for the sole purpose of expert testimony being provided, okay, before I rule. And then, obviously, I'm encouraging the parties to get together to see if they can alleviate the need to have an expert; otherwise, you'll need to come back. Now, obviously the City, it's your option as to whether you want to hire your own expert, or whether you want to rely upon cross examination of the plaintiff's expert. Okay? So that's, I think, Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 the way we're going to proceed. I could just cancel the hearing, make y'all come back and we'll just do it all at one time, but since I've got this time blocked out and I do have a cancellation, I had a 10:30 hearing right behind yours, so we have a little extra time if we need it, so we're going to go forward. All right. City okay with that? MS. GELIN: Yes, sir. THE COURT: Okay. All right. Mr. Roeder, you can, if you want -- I've reviewed all the briefs and the memos, so really we just need to launch right into the evidentiary hearing. I'll let you make argument at the end. MR. ROEDER: Just a piece of administration, Your Honor. Did you actually get the response and the motion to strike and the motion for sanctions? You did get that? I brought it because we didn't get a chance to -- THE COURT: Yeah, that's not scheduled for hearing today, so we're just strictly -- MR. ROEDER: We didn't know whether they were going to ask for that to be accepted. THE COURT: Yeah. We're just going to proceed as an evidentiary hearing on the amount of Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 attorney's fees and costs, okay, and the reasonableness thereof. MR. ROEDER: Well, basically, just as I mentioned before, I'll just go by a quick outline, then I'll let the City respond. THE COURT: Yeah. Well, I mean, I'm going to need to put you under oath, okay, and take some sworn testimony from you. And if you prefer, it seems like you want to make a brief opening statement. If you do, if you want to take five minutes and just summarize for me what your position is, but as I've said, I've reviewed it. I know you're looking for 19,000 and change. I know you've entered into a stipulation. The City is agreeing that a reasonable amount of fees and costs is 5,000 plus and change, ballpark, without me looking at the paper, but they're challenging the reasonableness of some of your fees. They're saying that it took too long or you could have had some of the items performed by clerical staff. So I'll flush all this out. This is just an ordinary attorney's fees hearing with your ability to argue any public records twist that you want in terms of any additional fees or costs being awardable under that statute or any case law Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 construing that statute. So really, to tell you the truth, you just need to lay a foundation from a testimonial standpoint as to what your reasonable fees and costs are in this case. All right? MR. ROEDER: Yes, Your Honor. THE COURT: Raise your right-hand. THEREUPON, LOUIS ROEDER, Being by the Court first duly sworn, in answer to questions propounded, was examined and testified as follows: THE WITNESS: I do, Your Honor. THE COURT: All right. So without you having someone to ask you questions, I'll give you some leeway to provide me with some narrative testimony as to what it is you want to introduce into evidence, any exhibits, any billing statements, and any testimony as to, you know, what it is you did and why you think it's reasonable and it should be awardable. MR. ROEDER: I'll go quickly over just a little outline of where we are. Our position from the cases, and I'll give you a copy, is a redraft of basically our billing statement into a Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 spreadsheet format with their objections. But this goes into some of what we're talking about, Your Honor. In order to have expert testimony, you need to give him all the information. We have had discovery upon the City asking for what makes up the overhead because we're -- of their employees, their attorneys, because we're entitled, if you're looking at what's reasonable as far as our fees, we had no indication at that point whether they objected to the rate or the time. We have a right to make a request of them and for them to present that information, and they did not. They refused to present it. They just belatedly Friday gave us their payroll expenses, but they didn't give us their overhead. Because one of the things that goes to reasonableness, I'm a solo practitioner, all my costs from my office are all enveloped into my fee. With the City, they give us their attorney's time, but what about the cost of the building, the overhead, the electricity, support staff, everything we need to know to see, okay, let's compare it. They say we're not reasonable. They don't tell us why it's not reasonable. Let's take a look at what theirs is. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 THE COURT: Let me stop you there because I want to make sure there's actually a disagreement here on this. Because as I thought I understood the City's filings, they're not contesting the 300 -dollar hourly rate. They're contesting that the number of hours to perform various tasks is excessive, and that some of those tasks could have been performed by clerical staff. So if that's the case, then it may be that the overhead is not even an issue if they're conceding the 300 -dollar rate is reasonable. Do you agree to that? MR. ROEDER: That's the confusion. I agree with it, but the confusion is we cannot find -- THE COURT: So let me to go Ms. Gelin on that point. MS. GELIN: Gelin. THE COURT: Oh, I'm sorry. Gelin. MR. GILLEN: Thank you, Judge. The Court is correct. Judge, we're not disputing the fact that Mr. Roeder is entitled to fees. The Court made a finding that the City was in violation of the statute, and there is an entitlement to fees. What seems to be mistaken here is that Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 the fees need to be reasonable, and that is what we are contesting. As I put in the motion, and I thought it was very clear because the Court seems to understand the City's position, the $300 an hour, we're not contesting that. He's an experienced attorney. He's been doing this for 22 years. He's filed numerous public records requests. He's pretty proficient in this. The City has never had an issue with $300 an hour for his legal work. Now, as to the support staff tasks, filing the documents, delivering the documents to the courthouse, yes, there is an objection to the $300 an hour because the case law is very clear that when tasks can be delegated to support staff, the attorney's fee is not appropriate. So the Court is understanding our positions. THE COURT: Okay. All right. Good. All right. So I don't need to worry about the discovery of the overhead because -- MR. ROEDER: So we have a stipulation here today. It's in the record now, because we couldn't find anywhere explicitly where they -- THE COURT: I saw it somewhere. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 MR. ROEDER: We thought we did and we kept looking for it. So it comes down to the amount of hours. One of the positions of the City is that apparently I've been in practice for 20 -some -odd, 30 -some -odd years; therefore, I must be very proficient. I'm handing this for Mr. O'Hare of counsel in about 20 public records cases, so therefore, I must be an expert. The idea, this was the first public records case we have managed to get to an expedited hearing in two years. Of all the cases, this is the first one. And it's also the first time we've actually been in a fee hearing on it. And when they object to -- then they look at my -- we gave them our fee schedule, specifically what we had done, I had done and the other attorneys involved, and they look at mine and say, you could have delegated this to somebody else. Again, I don't know how much more to say. I'm a solo practitioner. When it comes to filing a complaint; I file it; I call it up; I deal on the computer. When it comes to research, I do the research. There's nobody else to do it. So when it gets done, unfortunately, Mr. O'Hare, he knows that, when it gets done, I have to do it and I do Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 it at my hourly rate. THE COURT: Do you have any paralegals working for you? MR. ROEDER: No, sir. THE COURT: Do you have a secretary? MR. ROEDER: No, sir. THE COURT: You're literally a one-man show? MR. ROEDER: Yes, sir. THE COURT: One-man shop? MR. ROEDER: Other than years ago, sometimes instead of dictating, give it to a secretary and taking two or three hours to get it back, I can finish it up on the computer in a half an hour to an hour. It allows me to spend more time making sure it's done properly, and that's why I'm sitting there looking at their objections. Their objections are, he took too much time to do it. He could have done it faster. Some of the excuses they tried to use I think could be explained, which I just did; but the others are basically to punish me for having been successful. I think one of the standards used in the ethics talks about the results obtained. We won. I spent the time it took to get it done, and get the job done and get the records, and get an award Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 for attorney's fees and costs. Now, the other side is saying, since we lost and we lost at half the time or less than half the time, you should be willing to charge only half the time. We think that's preposterous. And then I think if we look -- we have to set this predicate up, we need information. If we're not dealing with the rates, that's fine. We can get the expert just to talk about the amount of hours spent, and I think that could be easily done; but we also have to talk about the responses the Town's filing. When the Town filed a response to our motion for attorney's fees, we filed a motion when they filed for rehearing. We filed a motion for attorney's fees. They filed a response, and when they did they took a personal attack on Mr. O'Hare and on the O'Boyle law firm saying, look at all these other things they're involved in. Their motives must be untoward. Public record law is pretty explicit. Their motives are irrelevant, have nothing to do with this case. The case has already been decided. We're talking about the reasonableness of attorney's fees. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 Then after mediation, they not only attack Mr. O'Hare and -- THE COURT: Hold on. Where are we going on this? Because all I want to know is, I want to hear your evidence and testimony concerning the number of hours you put in the case, what you did, and anything that you want to offer to establish and justify the fees and the costs that you're seeking. Okay? I'm not interested in what happened at mediation or what the City thinks about your client. You're just here to establish your fees, so let's get to it. MR. ROEDER: Well, then the City also, one of the other issues, they object to travel time. If I have to travel from Orlando down here to deal with a case, they're saying the taxable guidelines state that's not allowed. There's case law which we've provided to the Court in the motions saying public records cases go beyond taxable guidelines; otherwise, you're strangling the requester. Basically, Mr. O'Hare is the one who's supposed to get his reasonable fees and costs in anything basically in the course of litigation, basically reasonable costs of enforcement, including attorney's fees. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a So if he doesn't get reimbursed, he has to pay me for my travel time. If he doesn't get reimbursed, he's still entitled to it. The Town has tried to take a position, since he won the case, you award attorney's fees and costs, it's an issue between the Town and myself. THE COURT: But do you have a fee agreement, a written fee agreement with -- MR. ROEDER: We gave it to the Town. It's not a contingency agreement, it's an hourly agreement. And also for the O'Boyle law firm, we've furnished, at their request in a request for production, we gave them that information. THE COURT: All right. And that's $300 an hour? MR. ROEDER: Yes, sir. THE COURT: All right. So you need to introduce all of that into evidence. MR. ROEDER: See, we didn't know whether, too, that that was provided as part of the answers to interrogatories, but we brought the information if we needed to. THE COURT: Okay. All right. And if you've already decided those cases concerning the recovery of reasonable costs and expenses in the enforcement Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 of the Public Records Act, then I'll take a look at those. MR. ROEDER: And the City objected to some PACER fees we put on the sheets we submitted. Our fault. We thought that was actually some fees associated with filing county cases. There are no fees for the county cases. Actually, we put a PACER fee down there. We're calling it a PACER fee of 30 or $40; that, we have no problem withdrawing. One thing we forgot to put into the fees and costs is the actual cost for recording the complaint. So that needs to be put in there. And that was like $300 -plus. TH COURT: The cost of filing the complaint? MR. ROEDER: Yes, sir. But if you have some questions, we're going to go to expert testimony for the time spent and we can give him all the information; but we were very detailed in the time we spent and what was the activity. I really don't know how much more to justify it except they know what's entailed in the -- THE COURT: All right. Well, you need to lay the foundation for introducing your statements into evidence, unless you've got some stipulation with the other side. And believe me, I can't tell you Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a what to do. I've got to remain neutral in this case. MR. ROEDER: We'll do that. THE COURT: So you need to do what you need to do to get before me sworn oral testimony and written billing statements and whatever other documentation into evidence that you want. MR. ROEDER: What we do have here, Your Honor, is basically a summary. I'll give it to the Court. It's the same thing we submitted to them, but there's another column on the right where we're asking more questions. MS. GELIN: Judge, I would object at this point. He has not moved that into evidence, so I would object to the Court reviewing it at this point. THE COURT: I think he's in the process of trying to do that, hopefully. MR. ROEDER: Yes. MS. GELIN: And, Judge -- I guess I'll wait till after he moves it into evidence. THE COURT: All right. So you've handed me a statement. You should have these premarked, but I'll put a sticker on it for you. Do you want to call this Plaintiff's No. 1? Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 MR. ROEDER: Yes, Your Honor. That is basically a composite. The City provided us with a spreadsheet, a print of a spreadsheet showing everything on that sheet but for the last two or three columns. We added two or three columns so we could go through not only their spreadsheet, but their motion to look at their textual objections and put them both down. The black is their spreadsheet objections, the red is their textual objections, and we have a column which states, you know, the question we have. THE COURT: So the responsive column, is that something that you added to the spreadsheet of the City's? MR. ROEDER: Let me check. I only had two copies. Yeah, the responsive is basically our response to it because our question is, why is it excessive? Just to say it's excessive, but they don't say why it's excessive and they don't offer, well, what would be reasonable to spend for that category if we were. And that's what we thought the whole discovery process was prior to mediation when it talked about furnishing them a list. They furnish us a list that we can arrive on certain things as to what would be appropriate and what Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 would not be appropriate. THE COURT: All right. So have you reviewed this spreadsheet starting with the entry -- first entry on the first page 12/12/15 through 4/29/16 on the last -- on page, actually page 6? MR. ROEDER: We've given the same sheet to the Town except for the last column. THE COURT: All right. Page 6 is the costs, page 5 is the last page of fees. All right. So what's your testimony with respect to these fees that are outlined on pages 1 through 5? MR. ROEDER: Well, our testimony is that they're more than reasonable and if we need to, we'll have an expert come in and testify to that effect. THE COURT: And these are all the fees incurred by you pursuant to a public records case? MR. ROEDER: It's actually until after the motion for reconsideration was dismissed. It's up through that point. We haven't even put together what we've spent in preparing for the hearing on attorney's fees and our dealings with the City in order to try and get information from them preparing for mediation and so forth. THE COURT: All right. Well -- Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 MR. ROEDER: But that's -- as far as today, that's what's on the table. THE COURT: Well, I mean today was scheduled to be the final hearing on this. I have given you a continuance to have your expert testimony, if the City doesn't stipulate that that's not going to be necessary; but you should be prepared here today to argue all your fees, if you're seeking to recover fees beginning from the ending point on this spreadsheet. If you're seeking to recover fees after 4/29/16 on page 5 of 6 through today, you should be prepared to testify. I mean, I'm not going to just keep continuing the hearing so you can keep coming back and testifying about your fee hearing. You're supposed to be prepared to wrap it all up today. MR. ROEDER: Again, Your Honor, we weren't getting responses from the City so we couldn't be totally prepared to wrap it up because we didn't know what their position was regarding some of these. THE COURT: I mean, you know what fees you've incurred since April 29, 2016. Presumably you've been tracking those; correct? MR. ROEDER: Yes, sir. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 THE COURT: All right. MR. ROEDER: Sorry, Your Honor. THE COURT: All right. And then with respect to the costs on page 6 of 6, these are the costs that you're seeking to recover that you claim you've incurred in the case; is that correct? MR. ROEDER: Yes. And you'll see 4, 9 and 16, we've said that was a mistake we'll deduct. MS. GELIN: Judge, I'm sorry to interrupt. Is the Court introducing this, admitting this into evidence? Because I do have an objection to it. THE COURT: Yeah, I'm about to ask, is there anything else you want to testify about Exhibit No. 1 before I consider any request that you make to introduce it into evidence? MR. ROEDER: Not that I haven't already testified to, Your Honor. THE COURT: Okay. Objection? MR. GILLEN: Judge, I would object. He has not laid a proper foundation for introduction of this document. There's no testimony that he prepared it, that it was prepared at the time or near the events. He has not laid a proper foundation for it. At this point, it's hearsay. It's not admissible. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 Further, Judge, I would object to the last column with the editorializations by counsel. As he indicated, the City has not provided this document. Obviously, I've seen it because I prepared the initial document, but that last column was prepared by counsel. It's an editorialization. It has no factual basis and I would object to it. THE COURT: All right. So the City's objection is sustained. MR. ROEDER: Your Honor, we do have -- THE COURT: The responsive column, we don't need. Do you have another exhibit without that responsiveness column that you added? MR. ROEDER: We could take the response column out if you want, Your Honor, but we do have the actual notice of filings, which is the affidavits for the attorney's fees with the individual statements that make up the spreadsheet. And the spreadsheet was a direct, basically, reconstruction of the spreadsheet that the City had given us. THE COURT: All right. Well, I'll allow you to mark that and see if you can introduce that as the exhibit in this evidentiary hearing today. MR. ROEDER: Submit this? The spreadsheet I gave you or the notice of filing of attorney's Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 fees? THE COURT: Whatever billing statements that you want in evidence. MR. ROEDER: We already filed this with the Court, but I'll go ahead, Your Honor -- THE COURT: Yeah. Well, that was filed with the clerk, but it's not part of this hearing today in terms of it being properly introduced into evidence. MS. GELIN: Judge, can I just briefly look at it? THE COURT: Do you have an extra copy for counsel? MR. ROEDER: No, I don't. It was a notice which they received electronically. THE COURT: Okay. Deputy, pass this over to counsel. When was that filed? MR. ROEDER: The date? MS. GELIN: May 5th. MR. ROEDER: May 5th, Your Honor. THE COURT: Okay. MS. GELIN: Judge, the only thing I would note is, it looks like it's a composite exhibit with documents from other attorneys, so I would Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I just ask that each one be admitted individually because there are documents that were not prepared by Mr. Roeder in that packet. MR. ROEDER: They were submitted with signed affidavits, Your Honor. MS. GELIN: And again, Judge, he needs to -- THE COURT: Okay. So let's separate them out. Go ahead and pull that apart and we'll mark as Exhibit 2 -- we already marked Plaintiff's Exhibit 1, I sustained the objections of the City, so that's for ID only. So we'll mark your billing statement and affidavit as 2. I have a sticker for you. MR. ROEDER: I have here an exhibit, the first one is my fees and costs, which are outlined with an affidavit. What is your preference, Your Honor? THE COURT: That will be No. 2, Plaintiff's No. 2. MR. ROEDER: And then I have the O'Boyle law firm's -- THE COURT: That will be No. 3. MR. ROEDER: Okay. THE COURT: Okay. So I'll allow you now to lay the foundation for introducing Plaintiff's Exhibit 2 into evidence. You can proceed. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 MR. ROEDER: That, Your Honor, was the actual affidavit submitted with the billing records and time from the O'Boyle law firm as required. THE COURT: All right. MR. ROEDER: And that is what makes up the composite sheet regarding -- the Town was gracious enough to put everything in chronological order between the two spreadsheets -- between the two billing records, between Roeder for before and after the rehearing and the O'Boyle law firm both before and after the rehearing. THE COURT: All right. And the statement, is this your time? MR. ROEDER: No, that's the O'Boyle law firm's time. They also billed that information, too. I consulted with them on certain matters regarding the case because of their expertise in public records cases. THE COURT: Okay. So we're talking about Plaintiff's No. 2. There's a billing statement that starts with 12/12/2015 and there's the initials LR. I thought that's you. Isn't that Louis Roeder? MR. ROEDER: Excuse me, can I approach, Your Honor? No. 2, yes, but No. 3 is the O'Boyle law Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 firm. No. 2 -- THE COURT: I'm talking about No. 2. MR. ROEDER: Oh, mine, Your Honor. I'm sorry, I thought between 1 and 2. THE COURT: All right. So identify No. 2 for me, please. MR. ROEDER: It is the billing statements. The first billing statement is up to the rehearing the motion -- or the motion for rehearing. And then the second statement is from that point through the motion for rehearing. And each one of the billing statements is itself time and costs for each period and then time and costs for the next period. No. 3 -- THE COURT: Now, there's also a spreadsheet that was prepared by and filed by the City where some of the entries correspond with these entries; correct? MR. ROEDER: Yes, Your Honor. THE COURT: Some of those the City has agreed to and others they've objected to. MR. ROEDER: Well, that sheet that you're looking at says what they agreed to, I put that in there as far as what they agreed to. That was a black and white which they put as part of the Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 W stipulation. I provided it to them in color. They filed it in black and white, but that does state what they're agreeing to. I think they only agreed to about, totally about, what is it, about $5,000 worth of total attorney's fees and costs out of the total of 22,000. MS. GELIN: Judge, at this point, I would object to Mr. Roeder discussing the contents of the document. It hasn't been introduced into evidence. He has not laid the proper foundation, and we're maintaining our objection. He needs to lay the foundation in order to introduce it into evidence before it can become -- THE COURT: Absolutely. All right. So there's a stipulation that's been filed between plaintiff and defendant with respect to some of these charges that are not objected to. Okay. So I'll give you an opportunity right now to testify as to the items on here that the City is objecting to, and to lay a foundation to introduce this Plaintiff's No. 2 billing statement into evidence. MR. ROEDER: The stipulation actually is the same chart as this except for the last column, and that's what was stipulated to and agreed to between the parties. And that outlines what was agreed to Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 and what the City found objection with. And we can go through each one of them, but then what I've marked, whenever they've had an objection to it, I put -- you know, that's why I have my responsive column; but I can go through each one of them and -- or just summarize for you. They either talk about it saying because of my experience, it was too much time or because I should have delegated it to somebody else, it was too much time, or they say it was duplicative. I never could find where it was duplicative. So on all of those, I wanted to be able to deal -- and I thought that's what we would do in mediation, and go down these things one at a time and go through and get their responses and we could deal with it, but it never got that far. THE COURT: Well, it's your burden. You've got to follow it to establish the reasonableness of these fees. MR. ROEDER: But that, Your Honor, I think as far as laying it all out, we laid it out for them. If that's what it takes is expert testimony, I think we can provide that expert testimony as to the amount of time being spent on the items. If the Town doesn't object to the hourly, that takes Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that issue out of the way. THE COURT: Are these the entries that you have here, the number of hours and time spent for each of these entries, is that what it actually took you to perform those services? MR. ROEDER: Yes, Your Honor. And that actually is what we stated in the affidavit when we filed it with the Court. THE COURT: And how do you keep your time records? Do you record your time contemporaneously? Do you do it at the end of the week? How do you go about keeping these records? MR. ROEDER: I actually have, Your Honor, printed off basically a to-do list. The first few minutes every day I list everything I need to do. And at the end of the day, I go through and make sure I mark how much time as I do it, I spend on each item, collect those sheets, and then when it comes to billing records I go through each sheet. That's why I put my billing records in chronological order. I have a program that would actually input the time and what was done. THE COURT: So you have a manual procedure first where you write down with a pen on paper what it is that you did? Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 MR. ROEDER: I actually have a computer printout sheet, a to-do list, and what I do is I go put the time next to each one of them. I spend five minutes, I'll put it, and then later on if I spend ten minutes, I put ten more minutes next to it. At the end of the day or when it comes to the billing period, I actually take that sheet in order and put those times in what they call Time Slips and I compute -- it generates my billing records. THE COURT: All right. So you keep track in your computer first, and then when it comes time to prepare the invoices and your billing, then you go ahead and you input that time that's in your computer into the software program called Time Slips; correct? MR. ROEDER: Yes, Your Honor. MS. GELIN: Judge, I'm going to object to the Court questioning Mr. Roeder. It's my position that it's his burden to come before the Court with the proper evidentiary foundation in order to introduce his documents. And if he fails to do that, Judge, he's failed to do it and the document shouldn't come in. And I would object to this line of questioning. THE COURT: Okay. All right. What's your Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 position on that? MR. ROEDER: My position is that they stipulated to it. They stipulated these are the amounts, what they objected to and why, because it was already printed out. Now, if I have to come in with an expert to justify their object -- to overcome their objections, I'm more than happy to do that. MS. GELIN: Judge, just so the record's clear, the stipulations were pursuant to the Court's order prior to this hearing where the Court wanted to know exactly which entries were objected to. There were no stipulations as to the entry of these documents into evidence. There's no e-mails that were exchanged. The exchange was, these are the exhibits that are going to be put forth before the Court, but there was never any type of agreement that the City was not going to object to Mr. Roeder laying the proper foundation into introducing -- THE COURT: Right. And that's the way I understand the process, as well. And that's why I've told you a couple of times here today, Mr. Roeder, it's your burden to go ahead and establish. Now, I conducted some questioning to try to expedite this, but in lieu of the City's Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 objections so that the burden -- you're an attorney, you're not a pro se party, so I'm going to sustain the objection of the City, and basically just give you one last opportunity to lay whatever foundation you can for the reasonableness of these fees in Exhibit No. 2. MR. ROEDER: Your Honor, there were fees that I incurred in doing the work for Mr. O'Hare. I kept time on the computer, summarized those times in the billing periods, submitted them to my client for payment, the client tendered payment. Those are the costs, attorney's fees and costs associated with it, and we furnished it to the Town as we're required to do as the first step to try and resolve the issue. I've never heard an objection regarding it, except as to whether or not they thought they were excessive. Never heard an objection as to objecting to them being actually submitted; but they were part of our billing statement and this is a summary of my billing statement. And it was the actual time that I expended in doing the tasks. THE COURT: Okay. All right. And are you moving this into evidence? MR. ROEDER: I'd like to, Your Honor. THE COURT: Any objection? Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. GELIN: Judge, I maintain my objection. The foundational predicate for introducing a business record has not been laid by Mr. Roeder. I don't think it's my place to tell him how to do it or even the Court's place. He's, like the Court just said, he's an attorney. He's a 22 -year attorney. He's not a pro se litigant before Your Honor who needs a little bit of a push to get these documents in. He has not laid the proper foundation. These documents are hearsay. And without laying the proper foundation, the Court should not consider them. THE COURT: All right. Thank you. MR. ROEDER: Your Honor, I just throw myself at the mercy of the Court, this is the first time, as she said, in 22 years that my fees have ever been challenged. THE COURT: All right. MR. ROEDER: There's no other evidence to submit in order to justify the fee but for my testimony or the testimony of an expert to attest to the reasonableness of performing that particular task. THE COURT: All right. And other than the City's objection, do you have any desire to voir Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a dire the witness before I rule on the admissibility, or do you want to just stand by the objection? MS. GELIN: I'll maintain my objection. THE COURT: Okay. All right. The objection's overruled. I think that there's been a sufficient foundation laid to introduce these into evidence. MS. GELIN: Judge, I'm sorry, are you saying all of the documents? THE COURT: No. When I sav this. Exhihit No. 2. MS. GELIN: And, I'm sorry, Judge, is that the one that I created? THE COURT: No. Exhibit 2 is the billing from Mr. Roeder, which is his affidavit that was filed. So we basically pulled his notice of filing apart and Plaintiff's Exhibit 2 is his portion of that notice of filing, which is his billing statement dated March 24, 2016. Actually, that's the first one. And then there's another statement, April 29, 2016, and then his costs. All right, so Exhibit 2 is in evidence. What else do you want to introduce into evidence or testify about? MR. ROEDER: What I can attest to in Exhibit Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a No. 3, Your Honor, is those are the billing records from the O'Boyle law firm, and they, similarly, that's their billing based on what they had performed in the case. I reviewed that with them. In fact, some of those conversations are conversations between myself and the O'Boyle law firm. I can attest to the fact that, you know, that stuff was verified by the O'Boyle law firm, and we submitted it to the Town as the reasonable expenses that they put into the case both pre and post rehearing. THE COURT: Are you moving this into evidence? MR. ROEDER: Yes, sir. THE COURT: Any objection by the City? MS. GELIN: Yes, Judge. I would object, that's pure hearsay. It's not a business record. There's nothing under oath. Under Roggemann versus Boston Safe Deposit Trust, which is 670 So.2d 1073, a trial court cannot rely on affidavits at an attorney's fee hearing to assess attorneys fee's since they are hearsay. Would the Court like a copy? THE COURT: Sure. Any argument, Mr. Roeder? MR. ROEDER: Well, basically that's what we're trying to do is move it beyond the affidavit based Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 on my personal experience with them and their billing record and them submitting it to us and my questions regarding the billing record. That's why we're submitting it in as proper hourly billing for the O'Boyle law firm. THE COURT: Okay. The City's objection is sustained. Exhibit 3 remains marked for ID only and is not in evidence. MR. ROEDER: Okay. THE COURT: Anything further that you want to introduce into evidence? MR. ROEDER: Besides the cases, Your Honor, you've got all the arguments, I have nothing else as far as evidence at this point. I will rely on the expert to go over it. THE COURT: Any cross examination of the witness by the City? MS. GELIN: Yes, sir. Thank you. THE COURT: Okay. To make it easier so you don't have to stand next to one another at the podium, why don't you come and have a seat in the witness box, Mr. Roeder. MR. ROEDER: Yes, sir. THE COURT: And you may bring your file with you if you need to refresh your recollection, if it Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a gets to that point, so that you don't have to go back and get it. MS. GELIN: May I, Judge? THE COURT: Yes. MS. GELIN: Thank you. CROSS EXAMINATION BY MS. GELIN: Q. Good morning, Mr. Roeder. How are you? A. Okay. Q. Now, Mr. Roeder, you have been an attorney for 22 years; correct? A. 1987, I believe. I don't know the math. Q. Thirteen, 16 -- 19 years; is that correct? No? A. I think it's more. The 13 plus 16, which would be 29 years. Q. Twenty-nine years. Okay. So even longer than that. You've been an attorney for 29 years. Always in Florida or in another state? A. Just Florida. Q. Okay. And you hold several degrees; is that correct? A. Yes. Q. You have a juris doctorate? A. Yes. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 M Q. You have an MBA? A. Yes. Q. And I guess you're a financial planner, as well? You have a certificate? A. No, not a CFP. I do have a degree, but not the certificate. Q. Okay. And so you mainly do transactional work. Is that fair to say? A. It's fair to say. Q. And you have been Mr. O'Hare's attorney since 2011; is that correct? A. I don't know the exact date, but yes, it's probably close. Q. Well, would you like me to show you your engagement letter? Would that refresh your recollection? A. Yes, it would. MS. GELIN: Judge, may I approach? Would you like a copy, Judge? THE COURT: Sure. MS. GELIN: Actually, Judge, can I have that back? THE COURT: Sure. MS. GELIN: Thank you. Here you go. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 50 BY MS. GELIN: Q. I'm showing you your engagement letter with Mr. O'Boyle -- Mr. O'Hare. A. Mr. O'Hare, not Mr. O'Boyle. Q. Mr. O'Hare; correct. A. Okay. Q. And is that letter dated 2011, November? A. Yes, it is. Q. So you've been his lawyer for almost six years at least? A. Yeah. Five years. Q. And you basically assist him in filing these public records lawsuits; correct? A. Yes, either assist him or file them myself on his behalf. Q. Sure. And how many would you say you've handled for him, over 20? A. I'm involved. I haven't filed that many. A lot of them are filed -- some of them are filed by other attorneys. Q. Okay, so you were involved in them; correct? A. Yes. Q. So you would assist him, you give him legal advice, you prepare the documents. Is that fair to say? A. I give him legal advice preparing the Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 documents for filing. Like I said, a lot of those cases, until recently, were handled by other attorneys. Q. And you took them over; correct? A. Not all of them, just some of them. Q. Some of them; correct? A. Yes. Q. And you would agree with me that when an attorney takes over a file, you would well -verse yourself, you would brief yourself on the case; correct? A. Yes. Q. You would review the pleadings that were filed by another attorney, you would familiarize yourself with them; correct? A. Correct. Q. Okay. So you're pretty well -versed in this field of law. A. Public records law? Q. Correct. A. That wasn't the question. You asked the question about -- Q. My question is: You're pretty well -versed in the field of public records law; is that a fair statement? A. Yes, I think it probably is. Q. Okay. And you've argued these cases in Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 federal court as well; correct? A. No, I have not argued a case in federal court. I've had a notice of appearance in federal court in order to -- a protective order in federal court, but I've not argued the case. Q. Okay, but you filed a notice of appearance; correct? A. Yes. Q. Now, in that engagement letter, Mr. O'Hare agreed to pay you fees for these representations? A. Yes, he did. Q. And the rate, I guess, was $300 an hour; correct? A. Yes. Q. And you told him you would invoice him at one -tenth -of -an -hour intervals? A. Yes. Q. And that part of your fee would include your travel time, because you do reside in Orlando; correct? A. Yes. Q. But, however, the fee excluded the client meetings; isn't that correct? A. I don't know whether that does exclude -- excluding normal postage. Q. Under fees, it doesn't exclude two client Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 53 meetings per month as a result of the fees? A. It says I will do up to two client meetings a month. It doesn't say I will exclude anything beyond two client meetings. MS. GELIN: Judge, can I approach? THE COURT: Sure. BY MS. GELIN: Q. Can I see the document, please? So I'm going to draw your attention to paragraph 6A under fees. Can you look at this, please? A. Okay. Q. And can you read this line for me? A. Which one, the whole thing? Q. The last one, This fee... A. This fee excludes incidental travel time and client meetings up to two hours per month. Q. Correct. So the fee excluded client meetings; is that correct? A. No, only up to two hours per month. Q. Two meetings per month. A. It says up to two hours per month. Q. So that would be two meetings. A. I guess you have to explain the math on that for me why two hours means only two meetings. Q. Okay. So part of the fee excludes two hours. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 54 Is that what you're telling us? A. Yes. Q. Okay. Now, I think you just testified before the Court that Mr. O'Hare has made payments to you? A. Yes. He's tendered payments, yes. Q. On this case? A. Yes. Q. And how much has he tendered to you? A. The full amount. Q. He's tendered the full amount? A. Yes. Q. Did you help him in completing interrogatories in this case? A. Yes, I did. Q. And part of those interrogatories asked how much payment was made; isn't that correct? A. I'd have to look at my records on that one. MS. GELIN: Judge, can I just have a moment, please? THE COURT: Yes. THE WITNESS: I have your responses. Do you have my responses to your interrogatories? Here it is. No. MS. GELIN: Do you have it? THE WITNESS: No, I don't. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 55 MS. GELIN: Okay. Judge, can I approach? THE COURT: Yes. BY MS. GELIN: Q. I'm going to show you the interrogatories that were completed by your client, sworn under oath on June 28, 2016. I'm going to draw your attention to Question No. 5. Can you review Question No. 5 and read the answer? A. You mean read the question and the answer? Q. You could just read it to yourself. A. Okay. Okay. Q. You've read it? A. Yes. Q. And, in fact, in those interrogatories, you had your client answer that nothing has been paid to date. A. Yeah, because as of the date of the interrogatory. Q. Did you ever supplement the interrogatories? A. No. Q. Did you ever alert the City that something had been paid? A. No. Q. So these interrogatories were completed in June of 2016; correct? Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 56 A. Yes. Q. So between June and today, your client has paid the full $20,000? A. Yes. Q. Did you bring the check for the Court to see it to verify this? A. No. Q. Now, let's go back to your agreement with Mr. O'Hare. In that agreement, you note that you don't have litigation experience; correct? A. I believe so. Q. Well, would you like to review it to make sure? A. Yes. Okay. Q. Is that correct? A. Yes. Q. And so you basically told him he needed to hire another attorney because you don't have litigation experience; correct? A. Yeah. When it comes to legal matters, you know, I told him he needs to engage another experienced attorney, which he did in these cases. And actually, in these cases, he has had other attorneys involved. Q. My question to you was that you told him that you didn't have litigation experience; correct? Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 A. Yes. Q. And, in fact, did you offer him a discounted rate for these cases because of your lack of experience? A. No. Q. You would agree with me that you handled all the litigation in this case; correct? A. No, I did not handle it all. Q. You didn't handle the final hearing before Judge Panse? A. Yes, I did. Q. You're not here by yourself handling this litigation? A. Yes, I am. Q. Okay. So -- A. But that wasn't your question. Your question was did I handle everything, and I did not. Q. No. My question was: Did you handle the litigation in this case? A. And my answer is: No, I did not handle all the litigation in this case. Q. So as a result of your lack of litigation experience, did you offer him a reduced rate other than the $300 an hour that you were billing him? A. No. Actually, it's up to him. I warned him if he wants to have another attorney, which he did, and Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a that's why we consulted with the O'Boyle law firm. Q. So now you indicated that he has paid his balance in full; correct? A. Yes. Q. And when did he pay that? A. He tendered checks here just last week. Q. Okay. So I'm assuming that there were late fees on that; correct? A. No. I don't go through that. Q. Oh, because your agreement indicates that you would charge, I think it's one percent interest for invoices over 60 days old. A. Yes. Q. Is that correct? A. I'll take your word for it, but I'm sure it's in there somewhere. Q. You don't have to take my word for it. Look at your document. This is your engagement letter, isn't it? A. Yes, it does. Q. Okay. And you would agree with me that I believe the last date on the invoices was April 29th; is that correct? A. Let me see. Q. Actually, your last date was April 11th; Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 59 correct? A. I have to see the actual invoice to be able to tell you that. Q. Okay. A. But the composite here shows the composite to the O'Boyle law firm and myself was April 29th. Q. Well, that was for Mr. O'Boyle; correct? We're only talking about you right now. A. That's what I just said. The composite from myself and Mr. O'Boyle was April 29th. Q. Correct, but I'm talking about you. Your last entry on the invoice was April 11th; correct? A. I'll repeat. I need to see my invoice in order to give you an answer. Q. Well, why can't that composite suffice? A. You know, I have to take time for me to search and I won't be sure unless I see my actual invoice. Q. It's by date, isn't it? Isn't that composite by date? A. Yes, it is. Q. So when is the last -- just go to the last page and look for your last entry. A. Okay. I'm telling you what I would prefer. If you want me to look through this and find the answer, I will. Yeah, 4/11. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a Q. Okay. So 60 days from 4/11 would be approximately June 10th; correct? A. Yes. Q. And so the interest would have started accruing as of June 10th; correct? A. Yes. Q. And according to your fee agreement, you would be charging him that because it's over 60 days old; correct? A. Yes. Q. But, in fact, you didn't do that in this case? A. No, I didn't. Q. You cut him a break? A. Yes. Q. How many invoices did you send him, your client, Mr. O'Hare? A. There were two. There's a third one being put together, but we haven't finished it up. Q. Okay. So let's look at Exhibit 1. Do you have a copy of it there for yourself? A. No, I don't. Q. Okay. I can give you a copy. MS. GELIN: Judge, this is the same one that's in evidence. Actually, you know what -- THE WITNESS: No, my Exhibit 1 is not the same Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 as your Exhibit 1. MS. GELIN: Judge, can I approach? THE COURT: Exhibit 1 was the one that you objected to. MS. GELIN: Oh, I'm sorry. This is the one that's not editorialized. BY MS. GELIN: Q. Okay. So on December 12, 2015, you have an entry here that it took you 30 minutes to review your client -- and you refer to him as Chris. Chris is Mr. O'Hare; correct? A. Yes. Q. And it took you 30 minutes to review PRR regarding 2520. Do you remember that document? A. Can you please point out to me which page and which one it is? Q. I'm looking at Entry No. 1, December 12, 2015, review Chris' PRR regarding 2520 AAS Delray Beach PRR. A. Yes. Q. Do you remember that document? A. Yes. That was actually the public records request. Q. That's the e-mail; correct? That was the e-mail that was sent to the City of Delray Beach? A. I think it was more than that. I think it was Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 not only the e-mail that he sent to you, but actually the response back. Q. Let me show it to you. MS. GELIN: Judge, can I approach? THE COURT: Yes. BY MS. GELIN: Q. What I'm showing you was Exhibit A, I believe, of your complaint. Do you remember that document? A. I don't remember it, per se, but, yes -- I don't remember it in this format. Q. What's the date of that e-mail? A. It is December 12, 2015. Q. And you would agree with me that that's the same date that's listed on the date that you reviewed PRR 2520 AAS Delray Beach PRR? A. Yes. Q. And would you agree with me -- how many pages is that document? A. Two pages. Q. Okay. And you're telling the Court that that took you 30 minutes to review; correct? -- based on your invoice? A. Yeah, I do more than just read thee two pages. I actually look to what makes up the two pages and why he might be asking what he's asking. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 63 Q. Okay. And then on January 7, 2016, review response Delray Beach PRR. And you're telling the Court that that took you 30 minutes to review that document as well; correct? A. Yes. It's here, that's what time it took. MS. GELIN: Judge, can I approach? THE COURT: Yes. BY MS. GELIN: Q. I'm going to show you this Exhibit C of your complaint. Could you tell me the date of that document? A. January 7th. Q. And you would agree with me that's the same date that's listed on your invoice; correct? A. Yes. Q. And you would agree with me that that's a two-page document? A. Yes. Q. And the second page is a picture; right? A. Yes. Q. And you're telling the Court that that took you 30 minutes? A. Yes. Q. Okay. A. It's more than just this. There were other things that went into it. I just included this as the Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 only exhibit in the complaint. Q. Well, you would agree with me that that entry, that task entry, doesn't say that there was more to that. It just says review. A. It doesn't say there wasn't either. Q. So let's go to February 3rd of 2016. Can you look at that task for me, please? A. There was actually several tasks, two tasks on February 3rd. Q. Correct. There was one from Mr. O'Boyle and there's one from you; correct? A. Yes. Q. And Mr. O'Boyle references various calls to you and you had a discussion with him. So I'm assuming there was a 30 -minute phone conversation in there? A. Yes. Q. Okay. So the total -- A. Phone conversation or conversations. Q. What is the total for those two dates [verbatim] for February 3rd between you and Mr. O'Boyle? A. If you can back up. I wasn't finished with my answer. You just over -spoke me. I said that's either a conversation or conversations that comprised a half hour. Q. Well, you would agree with me that it says Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 65 discussion, singular. It doesn't say discussions, plural. A. Yes. I agree that's what it says. Yes. Q. What is the total for those two tasks between you and Mr. O'Boyle that you charged your client, Mr. O'Hare? A. I charged him for a half an hour. Q. For $150? A. Yes. Q. And Mr. O'Boyle charged $260; correct? A. He had various calls and e-mails about settlement strategy with Lou. So that could be with me or it could be with Mr. O'Hare. Q. Well, we're speculating now, aren't we? A. Agreed, you are. Q. No, you are. So when you presented -- A. Excuse me, if I could just clarify. When you ask me a question, I'm trying to be explicit to your question. Q. I understand. A. If I feel you're being speculative, I think I have to tell you so. Q. Then you should probably tell the Judge. So when you presented this invoice to your Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a client, he didn't have an objection to $410 for basically a conversation and some e-mails? He never voiced an objection to you? A. I'm confused with the form of the question. You're saying it's for a conversation and e-mails. Q. Did your client ever voice any objection to those entries? A. Let me explain in answering the question. MS. GELIN: Judge, can he just answer the question and then explain? THE COURT: Well, number one, yes or no, did he object, and then you can provide the explanation. THE WITNESS: No, he didn't because when I have a conversation, a lot of times I call somebody up, start the conversation; they get a call from somebody else, say they'll call me back; they call me back and finish up the conversation. I don't list it as two separate conversations. A lot of times it may take us to go two hours in order to discuss a whole half-hour conversation regarding one issue. BY MS. GELIN: Q. And then on February 17th, you also had another conversation with Mr. O'Boyle; correct? Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 67 A. February 17th? Yes. Q. And that conversation you charged your client, between the two of you, $250 for a 30 -minute conversation; correct? A. Yes, probably the same one. Q. Thank you. Then the next day you had another conversation with Mr. O'Boyle; correct? A. Yes. Q. That one was about an hour and you charged your client a total of $520 for that conversation; is that correct? A. I only charged 300. Q. Between you and Mr. O'Boyle, you charged him $520; correct? A. Yes. Q. And so between two days' worth of conversations, it's almost $800? A. Yes. Q. And that's reasonable? A. Yes. Mr. O'Hare thought it was very reasonable. Q. Okay. So let's talk about the filing of the complaint in this case. I think we already discussed before, you indicate that you don't normally file complaints in these matters? Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a A. Don't normally. In these matters, a lot of these 20 -something cases, most of them are filed by somebody else. Q. But you've had opportunities to review other people's complaints; correct? A. Yes. Q. Okay. And so this is the only complaint you've ever filed in a public records request case? Is that what you're telling this Court? A. No, that's not what I'm telling the Court. Q. Okay. So you've filed them before; correct? A. Yes. Q. And like most lawyers, I'm sure you have a bank of documents in your computer; correct? A. Yes. Q. So you're not really reinventing the wheel, so to speak, every time you file a complaint; correct? A. I would say incorrect. You're oversimplifying. There are differences between cases. You just can't go file -- get a template and change the parties, submit it with changed dates and say this constitutes filing a records complaint. You know and I know that it takes a lot more for an attorney to review the specific facts, formulate the causes, the factual background, and the causes and to submit the complaint. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 N Q. Okay, to the tune of how many hours did it take you to prepare a public records complaint in this case? Let's see, on January 12th, two hours; correct? A. It's two hours on January 12th. Q. Three and a half hours the next day, January 13th? A. Yes. Q. Three hours the day after that, January 14th? A. Yes. Q. And then you forwarded it to Mr. Mesa and he reviewed it for 1.6 hours; is that correct? A. Yes. Q. And then it took you 30 minutes to file it; correct? A. Yes. Q. So basically, what you're telling the Court is that you think it's reasonable that it took you 8.5 hours to prepare a public records complaint; that's correct? A. Yes. Q. Okay. Something that you've done before? A. And now if I could explain why. Because this is a very complicated public records request. We wanted to make sure we had everything in order because there were different claims being made by the City, different Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 70 claims being made by my client and we were -- Q. And that was in those e-mails; correct? A. It's all in e-mails and it all went into preparing the complaint. Q. Okay. And so this document was e -serviced; correct? A. Yes. Q. And you're telling the Court it took you 30 minutes to e -service it? A. For me, yes, because there was -- in fact, I think even in there, it was either this or subsequent to this, there was a discussion with -- actually with Camille in the JA's office regarding -- Q. About filing the document? A. About filing. We were having some complications with filing a document and we had to go and correct that and -- Q. Well, where is that? Because that would have occurred around January 15th; correct? That's when you filed it? A. I didn't put that as a separate billing. It had to do with filing the complaint, so that's the only submitted document. Q. How would the Judge's JA facilitate you in filing a complaint? Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 71 A. There was a question that I had regarding -- this was a county case, it was not like the circuit cases, circuit court case civil, circuit civil. It had been filed in the county civil, and I had a question about it. Q. But when you e -file it, you don't know who the judge is immediately; correct? A. No, that was -- it was with the Court. I say Camille because I thought it was Camille, since I dealt with Camille in the county, but it was calling the clerk to ask about the circuit civil versus county civil and about filing the complaint. Q. Okay. And so you were speaking about this case with Mr. Mesa; correct? You told the Court he was facilitating you? A. To answer your questions. They have a lot more experience than I do regarding public records cases. Q. And do you know how long Mr. Mesa's been a lawyer? A. Not per se, but I think -- Q. Less than you; right? A. Yes. Q. And Jonathan O'Boyle, as well; correct? A. Oh, yes. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 72 Q. Much less than you. A. Yes. But I consider them extremely more experienced in public records cases than I am. Q. So on March 14th, let's jump to that, you're telling the Court that it was reasonable to charge $150 to deliver a final order to the Judge's drop box? A. Yes. Q. That that was reasonable? Now, you indicated that you don't have support staff. A. Yes. Q. So you don't rely on messengers or couriers? A. No. I was actually in town, did it myself to make sure it got in on time. There was a time problem that we were concerned about. Q. So what exactly took you 30 minutes? What took so long to put something in the drop box? A. Driving from Mr. O'Hare's office to file it and drop it off, and then go back to Mr. O'Hare's office. Q. So that was travel time? A. Yes. Q. Now, on April 3, 2016, there is an entry indicating discussion with Chris. And again, Chris, for record purposes, that's Mr. O'Hare, your client; Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 73 correct? A. Correct. Q. Discussion with Chris regarding motion for rehearing on possible responses. And that was billed at $600 for two hours? A. Yes. Q. Now, you agreed with me that in your engagement letter, there were two hours of meeting time that were not expensed; correct? A. Yes. Let me just make sure. It excludes up to two hours per month. Q. Okay. And you would agree with me that April 3rd is pretty much the beginning of the month; correct? A. Yes. Q. Okay. So would you agree that that might have been an error? A. No. What I consider consultation time with the client is when I'm trying to get facts together on a particular issue, and I have to basically interrogate the client to figure out what those facts are, is that consultation time is actually evidence -gathering time for putting together the complaint. Q. Wasn't that after the hearing in this case? A. No, I can't tell if it was after or before. I Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 74 know that -- Q. Well, in your notes, you have in here that the hearing was back in March of 2016; correct? A. That was the actual final hearing regarding the -- Q. Right. A. -- that wasn't the rehearing, I don't think. Q. So March 3, 2016, was the final hearing; correct? A. I think March 3rd, correct me if I'm wrong, but March 3rd was the actual final hearing regarding the underlying public records request. Q. Right. This case. A. But you just mentioned rehearing. Q. I didn't mention rehearing, you did. A. I thought I actually heard you just now say "rehearing". Q. So you took two hours to discuss a motion for rehearing with your client? A. Yes. Q. Is Mr. O'Hare a trained attorney? A. No. Q. So you would agree with me that at that point, the Court had already issued an order; correct? A. Let me see exactly when that order was issued. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 75 Q. Well, on March 11th, you have an entry for preparation of final order with Rustin, who's Ms. Rustin, the City of Delray Beach, Assistant Attorney, comments. And then on March 14th, there's delivery time. So clearly, that final order was already sent to Judge Panse; correct? A. Again, you're talking about -- Q. The final order from the hearing. A. If you can let me please answer, it might clarify quite a lot pretty quickly. There was a final order regarding the underlying hearing, the immediate hearing that was the first hearing on the case. Then there was a motion for rehearing, and then we had to sit down and work out the responses we can do for the motion for rehearing, because there's been pretty serious accusations in the motion for rehearing. Then there was a final order on the motion for rehearing, which I don't think we had anything to do with. The only thing that I discussed with Ms. Rustin was actually wording on the final order on the first expedited hearing. Does that clarify it? Because you're talking about rehearing and then you're referring back to -- Q. I'm talking about a hearing, hearing, final hearing on this matter. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 76 A. Well, you had me on an item that's talking about the rehearing. Q. The rehearing was never scheduled for a hearing before the Court; correct? A. No. Q. The Judge ruled on it in chambers? A. No. There was actually a hearing on it. Maybe I'm -- my thought process is -- I thought there was actually a hearing on it. There might not have been. MS. GELIN: Judge, can I just ask that Mr. O'Hare put his phone on vibrate? It's very frustrating. THE COURT: Is that Mr. O'Hare's phone that's ringing? MR. O'HARE: Oh, this is Mr. Roeder's phone. I don't know how to control it. THE WITNESS: Give it here. THE COURT: Bring it up to him so he can turn it off. THE WITNESS: Sorry. Thank you. I appreciate it. MS. GELIN: Thank you. BY MS. GELIN: Q. So let's talk about the motion for rehearing. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You would agree with me that the rehearing occurred after the three-hour final hearing before the Court; correct? A. Yes. Q. And let's look at all the entries for your motion, and just so we're correct chronologically, Ms. Rustin filed a motion for rehearing; correct? A. Correct. Q. And so at that point, you responded to the motion for rehearing; correct? A. We did, yes. Q. Okay. And so would you agree with me that starting from April 3rd, there's various entries regarding your preparation of a motion for rehearing, and it started first with your discussion with your client for two hours; correct? A. A discussion with him, yes. Q. Then you had one hour to review red line of motion for rehearing on April 4th? A. Correct. Q. Then a preparation red line of motion for rehearing with research notes for two hours? A. Yes. Q. Then a preparation response to motion for rehearing for two hours? Express Court Reporting, Inc. 561-533-6055 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 A. Yes. Q. That was on April 5th? A. Yes. Q. Same day, another two hours. Preparation red line on motion for rehearing, two hours? A. Yes. Q. So on April 5th, you worked on this for four billable hours; correct? A. Yes. Q. For a total of $1,200? Yes? A. Yes. Q. Then I guess you e-mailed it to Mr. O'Boyle, because he reviewed it; correct? A. Yes. Q. Then there was a one-hour conference call with Mr. O'Boyle regarding it; correct? A. Yes. Q. Then on April 8th, there's another preparation response to motion for rehearing for two hours at the rate of $600; correct? A. Yes. Q. April 9th, the next day, another hour, $300, preparation of response to motion for rehearing; correct? A. Correct. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 79 Q. April 10th, two hours at the rate of $300 an hour, preparation response to motion for rehearing; correct? A. Correct. Q. April 11th, the day after that, half an hour, preparation to file response to motion for rehearing; correct? A. Yes. Q. So basically to prepare a motion for rehearing, you're letting this Court know that it took you in excess of over 12 hours to prepare a motion for rehearing? A. I'll take your math. It wasn't a motion for rehearing we were preparing, it was a response to a motion for rehearing. Q. That's fine. You call it a motion for rehearing preparation. I understand what it is. You're telling the Court it took you 12 hours to do that? A. Yes. There were some pretty serious accusations in that motion for rehearing. We were very concerned about it. Q. So we had a three-hour hearing before Judge Panse, and it took you four times as long to prepare a motion in response to the City's motion? A. Yes. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a Q. And that's reasonable? A. Very much so. Q. And then -- and I guess that was your last entry on this; correct? A. Yes. Given the spreadsheet, yes. Q. Okay. Now, you've told the Court that the PACER billings, you're not seeking those; correct? A. Yeah, that was a mistake. Q. Okay. Now, it says on the bottom of your costs, and there's no date, for packages to courthouse, $21.28. What is that? A. I'll have to go back and check my to-do list to actually see what that was. Q. Well, we came here for the hearing today. You weren't prepared to tell the Court what that was? A. No. Q. And there's no date on that? A. I have to see my billing records. There should be a date on it. This is your compilation. This isn't my billing records, so if I could see the billing records I could probably tell you. Q. Well, you would agree that I got these numbers from your invoice that you submitted to the Court; correct? A. I would not agree with that. I said I'll need Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I to see my billing records. This is your compilation, this is your summary. Q. Did you not file a joint stipulation stating that this was accurate and just noting what the objections were? A. Just a few moments ago you objected to putting that into evidence because you didn't have a chance to review it. Now you're saying that I didn't have a chance to review -- or I should have had a chance to review it. If I could just see my billing records, I can tell you. THE COURT: Do you have it with you, your billing records? THE WITNESS: They actually were given to you, Your Honor. They're part of Exhibit 2. THE COURT: All right. Here's Exhibit 2. THE WITNESS: Your Honor, there is no date, the $21.28. BY MS. GELIN: Q. And you're not prepared to tell the Court what that's for; correct? A. I'm not prepared, no. That was a mistake. It should have a date on it. THE WITNESS: Here, Your Honor. THE COURT: Thank you. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a THE WITNESS: Thank you very much. MS. GELIN: Judge, if I can just have one moment? THE COURT: Okay. BY MS. GELIN: Q. Now, you testified that Mr. O'Boyle and Mr. Mesa are experienced in this type of litigation for public records; correct? A. Yes. Q. And how much do they charge? A. They charge, I think -- in fact, I need to see the billing records, but I think it's 275 or 250 an hour. Q. And who charges that? A. I need to see the billing records, I said. Q. Well, look at the records in front of you. A. Based on what's in front of me, which was produced by you -- THE COURT: Here's Exhibit 3. THE WITNESS: Fantastic. Thank you, Your Honor. O'Boyle is at $200 an hour. That was an agreed-upon rate back in his engagement letter, $200 an hour. And Mr. Mesa is 275 an hour. BY MS. GELIN: Q. And by your own words, they're much more Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a experienced in this type of litigation than you are? A. Very much. Q. And that's why you utilized them; correct? A. Yes. MS. GELIN: Nothing further, Judge. THE COURT: All right. Thank you. All right. You can step down now, Mr. Roeder. Watch your step going back. Bring whatever you brought with you back to your desk or your table. All right. Mr. Roeder, any other witnesses that you want to testify? MR. ROEDER: No, Your Honor. THE COURT: Okay. Anything further from you from an evidentiary standpoint before I switch gears and we go to defendants for their testimony or evidence, if any? MR. ROEDER: Except for an earlier discussion about reserving the right to bring -- reserving the opportunity to bring an expert witness in. THE COURT: All right. Thank you. All right, Ms. Gelin. MS. GELIN: Yes, Judge. Can I just have one moment? THE COURT: Sure. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. GELIN: Thank you. Judge, I'm ready. THE COURT: Okay. Who's your first witness? MS. GELIN: Judge, I'm going to call to the stand Janice Rustin. A. City of Delray Beach. THE COURT: Ms. Rustin, how long have come on up. Stand there for a moment and take the oath. THEREUPON, JANICE RUSTIN, Being by the Court first duly sworn, in answer to questions propounded, was examined and testified as follows: THE WITNESS: Yes. THE COURT: Okay. THE BAILIFF: Watch your step getting in and adjust the mic to speak into it. Thank you. THE COURT: Pull that chair up. Okay, Ms. Gelin, you can proceed. MS. GELIN: Thank you, Judge. DIRECT EXAMINATION BY MS. GELIN: Q. Good morning, Ms. Rustin. How are you? A. I'm fine. Thank you. Q. Ms. Rustin, where are you employed? A. City of Delray Beach. Q. And how long have you been employed there? Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a A. Since June 2012. Q. When did you graduate from law school? A. December 2011. Q. And was this your first job, so to speak, after law school? A. Yes, it was. Q. Okay. And what type of work do you do at the City Attorney's Office currently? A. We handle some of the litigation, the transactional work, review contracts, draft ordinances, and respond to questions from other departments. Q. Okay. So litigation is one of your roles at the City Attorney's Office? A. It is. Q. And back when this case commenced, which was, I believe, 2015; correct? A. January 2015 [verbatim] -- either December 2015 or January 2016. Q. The complaint was filed in January; correct? A. Yes. Q. And at that time, what was your actual title at the City Attorney's Office? A. Assistant City Attorney. Q. And what were your job duties at that point? A. Litigation, transactional work, overseeing the Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E staff attorney who was on our staff, a young junior attorney. Q. Initially, who was assigned to this case? A. The staff attorney, Stephanie Spritz. Q. And do you know when Ms. Spritz graduated from law school? A. She graduated in 2014, 2015. I'm not sure. Q. So is it fair to say she was a pretty young attorney? A. Yes. Q. And initially, like you said, she was assigned this case? A. Yes. We assigned this case to her because it was a fairly simple case, so it was a good case for her to gain some experience on. Q. At some point, did you take over the case? A. I did. Q. And why is that? A. Ms. Spritz needed more oversight, and there were things that I just had to take over the case to make sure that it proceeded successfully. Q. Has the City ever handled public records request cases, the enforcement of public records requests? A. Yes. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a Q. How many during your tenure has the City handled? A. Three. Q. And were those all handled by you? A. Yes. Q. And so this is the third one? A. Yes. Q. Okay. I am going to show you what's been marked for identification as Defendant's Exhibit 1. (Discussion between counsel.) MS. GELIN: Judge, can I approach? THE COURT: Yes. BY MS. GELIN: Q. Do you recognize this document? A. Yes. Q. And how do you recognize it? A. I prepared this document. Q. When did you prepare it? A. I prepared it around the time of litigation, around the time of the conclusion of the litigation. Q. Okay. Is this something -- is this the type of document that you normally retain -- A. Yes. Q. -- when you handle litigation cases? A. Yes. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a Q. And is it kept in the regular course of your business -- A. Yes. Q. -- at the City Attorney's Office? A. Yes. Q. And is that a fair and accurate depiction of the number of hours that you expended on this case? A. Yes. Q. Is it a fair depiction of the number of hours that Ms. Spritz spent on this case? A. Yes. Q. And who is Susan Kimanas, K -I -M -A -N -A -S? A. She's my legal assistant. Q. And is it a fair representation of the number of hours that she worked on this case? A. Yes. MS. GELIN: Judge, at this time, I would move into evidence what's been marked as Defense Exhibit 1. THE COURT: Any objection? MR. ROEDER: No, Your Honor. THE COURT: All right. Defendant's No. 1 is in evidence. BY MS. GELIN: Q. Now, on that document, Ms. Rustin, does it Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a delineate your hourly rate at the City Attorney's Office? A. Yes, it does. Q. And how is that number compiled? A. Human resources does a review of my salary, including the pension, Social Security disability, life insurance, health insurance, and all the insurance that we have, and they make it an hourly rate. Q. Okay. And what is your hourly rate according to that document? A. $52.41 an hour. Q. And is Ms. Spritz's hourly rate computed in the same manner? A. Yes. Q. And what is her hourly rate? A. $37.41. Q. How about Ms. Kimanas, is her hourly rate computed in that document? A. No. Q. Okay. Would you consider yourself an expert in the field of public records law enforcement? A. No. Q. Would you expect someone who is proficient in the subject matter to expend more or less hours than you did? Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a A. Less. Q. And how many hours did you expend on this matter? A. 28.5 hours. Q. Does that include Ms. Spritz's hours, as well? A. Yes, it does. Q. And that's total from the time that you received the complaint up until the conclusion with the Court's denial of the motion for rehearing; is that correct? A. Yes. That's correct. Q. And based on the hourly rate and the hours expended, what was the City's, so to speak, cost for this litigation? A. For the attorney's fees, it was $1,298.29 and The staff support fees were $48.22. Q. Okay. MS. GELIN: Judge, I don't have any further questions, but I would like to move into evidence three documents marked as Defendant's Exhibits 2, 3 and 4. They are certified documents under seal by the clerk of the court, they are kept in the regular course of business. THE COURT: Show those to Mr. Roeder and see if he has -- Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 91 MR. ROEDER: These are the same ones you gave to me? MS. GELIN: Yes. THE COURT: Any objection to those going into evidence? MS. GELIN: And, Judge, just for the record -- THE COURT: I'm sorry, we were talking over one another. MR. ROEDER: No, Your Honor. THE COURT: Okay. Thank you. MS. GELIN: Just for the record, Judge, Exhibit 2 is the resume of Ms. Rustin. Exhibit 3 is the resume of Ms. Spritz. And Exhibit 4 is the hourly rate as computed by human resources of the City of Delray Beach. THE COURT: All right. So just for the record, Defendant's 1, 2, 3 and 4 are all in evidence. Ms. Rustin, let me just mark that. Thank you. MS. GELIN: Judge, I don't have any further questions. THE COURT: All right. Any cross examination, Mr. Roeder? MR. ROEDER: Just a couple of questions, Your Honor. Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 92 CROSS EXAMINATION BY MR. ROEDER: Q. Good morning, Ms. Rustin. A. Good morning. Q. You testified as to the amount of time -- can I see that, please? MS. GELIN: The Court has it. It's in evidence. MR. ROEDER: Do you have a copy? MS. GELIN: The Court has it. MR. ROEDER: Your Honor, could I see the exhibit she just presented? MS. GELIN: Actually, here, you can have this one. THE COURT: One moment, I'm marking them into evidence. (Discussion between counsel.) MS. RUSTIN: I have a copy of the time. THE COURT: Do you need any of these? MR. ROEDER: The total package, Your Honor. If I could approach? The total package. The one she gave me was just a couple of pages. I just want to see. Oh, it's with the affidavits. Okay. BY MR. ROEDER: Q. You said you had experience with three cases Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of public records -- A. Yes. Q. -- for the City cases? And the results of those 93 A. Two are still in pretrial litigation. Q. So when did those cases basically start? A. 2013. They were my first cases. Q. Do you know how many hours you've spent on those cases? A. I don't have -- I don't recall. Q. Okay. Do you know how many hours you've spent in this case so far? I think you've submitted through the rehearing, but do you know how many you've submitted all the way up to today's date? A. No. I don't have that information with me. Q. You don't keep that as part -- you just mentioned that you put all that information together when you're handling cases. You don't have that available? A. I brought with me my hourly records until the conclusion of the litigation. Q. Well, I heard the question that you were asked about all staff. That's all legal staff. Did you get all the staff that, also in the building department, people who testified in the case, what the bill -- Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 A. I didn't get my clients' hours, what my clients spent defending themselves in this case, no. Q. The Town or the City are the people you bring -- you represent the City and the people that you have representing the City also regarding certain aspects of the case, you don't count their time? A. It's my client. No, I don't count my client's time. Q. Okay. And did you -- you're basically submitting this information to basically try to justify the amount of time you spent in the case as compared to the amount of time that myself and the O'Boyle law firm spent in prosecuting this case; is that correct? A. I don't understand the question. Q. Well, you're talking about your time, you submit your statements, and you're talking about hourly rate. You don't dispute the hourly rate that we've submitted; correct? The earlier discussion that we had this morning, you're not disputing the hourly rate? A. I'll leave that to my co -counsel. Q. Okay. So long as you're submitting this, it's basically evidence as to the amount of time that you spent on the case; correct? A. Yes. Q. And you're justifying the amount of time you Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 95 spent on the case as being, I think, 28 hours? A. Yes. Q. And you're saying because you spent 28 hours on the case, that basically the amount of hours that we spent on the case, being to the tune of like 80 to 90 hours, that that's too much? A. I'll leave that conclusion to my co -counsel to make in closing. Q. Well, I'm asking you as a witness, do you feel you're an expert and you come up here as an expert, and you said not in public records, but in experience with the City and with this case? A. I'm a fact witness testifying to the amount of time that I spent personally on this case. Q. So I might ask, then, when it came to actually objecting to our certain fees, it was your co -counsel that objected to the fees, not you? A. I'm here testifying as a fact witness as to the amount of time that I spent on this case. Q. Okay. And you do not know the amount of hours you spent up till today? And you said you've got two cases which are still pending. What happened in the third case? A. This is the third case. Q. Okay. So what happened in the third case? Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a A. We lost in the third case. Q. Okay. MR. ROEDER: Thank you, Your Honor. THE COURT: All right. Thank you. Please step down. Any other witnesses? MR. GILLEN: Nothing further. THE COURT: Okay. All right. So we'll hear some argument, then, from both sides. Keep in mind I have reviewed all your submittals concerning the attorney's fees and the costs that could be awarded. From both sides I've heard the arguments, so just keep that in mind when you make your arguments now. All right, Mr. Roeder. MR. ROEDER: Yes, Your Honor. MS. GELIN: Judge, I'm sorry. Not to interrupt. So are we bifurcating the hearing to allow Mr. Roeder to bring in an expert? THE COURT: Yeah, we are. But since it's all fresh in your minds now, I'll allow you to make some arguments concerning what's been received by me today, and then we will have the continuation of this hearing for any experts who are going to testify. MS. GELIN: Can I just note an objection, Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 97 Judge? At this point, I believe that the case law indicates that in order for -- for example, if this case were appealed to a higher court, the appellate court would look at whether the evidence submitted thus far is competent and substantial for the Court to rely on and would decide at that point if there was competent, substantial evidence; and if there was no expert witness, they would remand the case to the lower court to allow them to present an expert witness. However, if there wasn't any competent, substantial evidence for the Court to rely on, then that would be the end of it and the Court would say, you know, the fees are denied or whatever the Court would say. So my position is, is the Court making a finding right now that the evidence submitted by Mr. Roeder is competent and substantial and the Court is going to rely on it? Because if not, then I would object to bifurcating this hearing to allow him to retain an expert. Further, Judge, I would also ask the Court to make a finding that he's done presenting his case. He chose not to have witnesses, not to have Mr. Mesa and Mr. O'Boyle testify, and so I don't think he gets a second bite of the apple so Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a that when we come before Your Honor, now they're going to be present, as well. I believe if the Court is inclined to bifurcate the hearing and allow an expert to come testify, that it should be limited to that matter only. I don't think it's fair that we should be telling Mr. Roeder the deficiencies in his case, and giving him time to fix those deficiencies, and then bring more witnesses when we reconvene. THE COURT: All right. Not necessarily in the order that you presented that, but here's how I rule on that: As I did indicate to Mr. Roeder and to the parties here today, this was intended to be the final hearing. The parties were to be prepared to present all the evidence. I'm not going to permit any further expansion of the testimony by the plaintiff or the introduction of evidence concerning any billings. So basically, the billing started, that was introduced today, from December 12, 2015, and the last entry was April 29, 2016, for fees, and then the costs ran from February 22, 2016, to April 10, 2016. So I'm not going to permit any supplemental or additional testimony at the next hearing concerning any fees or costs that were incurred Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E after those dates that I just read off. Okay? However, I do find that there's enough evidence here today for us to go forward with an expert. And I am, as indicated, bifurcating the proceeding so that when we do have a date and time set by the Court by an order that I'll sign, the sole purpose of the subsequent hearing will be for introduction of expert testimony concerning the billing that was introduced into evidence today. That covers the time frames that I just spoke about. Okay? Does that address all your objections? MR. GILLEN: Thank you. THE COURT: Okay. All right. So I'll allow you to make a brief closing today if you want on the costs and fees that were testified to today. And then next time around, when we have the hearing with the experts, assuming that y'all don't agree or stipulate, I'll give you an opportunity to close at the end and that will be strictly with respect to the expert testimony. Okay? MR. ROEDER: Yes, sir. THE COURT: Mr. Roeder. MR. ROEDER: As to today, Your Honor -- is it okay if I speak here? Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 100 THE COURT: Yeah, that's fine. MR. ROEDER: It'll be very brief. I think you have our arguments are going to be as to the legal arguments, which you already have, and we've already argued part of the pleadings so far, so there's no use to go over those. But as far as the fees, as to time, as to hourly; it's not objected to the hourly; it's objected to the time and I'm willing to bring in an expert to testify as to the suitability or the reasonableness of that time based on the fees that have been submitted. Other than that, we have nothing further to add. THE COURT: Okay. Thank you. Ms. Gelin. MS. GELIN: Thank you, Judge. Judge, you know, we submitted for the Court pretty detailed motions -- or objections, I should say, to this plaintiff's fees. And just so that everyone is clear, Judge, the City is not saying that they're not entitled to fees. Absolutely. The Court made a finding, the statute requires an award of fees, but it has to be reasonable. And I think that the testimony elicited here today, Judge, shows how unreasonable those fees are, and I ask the Court to exercise Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 101 your discretion in denying some of those fees. For somebody to stand here, a veteran lawyer in these types of lawsuits, this is not his first lawsuit. In fact, it was Ms. Rustin's third. So the reason why we put Ms. Rustin on the stand is to show the Court if it takes a four-year lawyer this amount of time, it should certainly take a 22 -year lawyer plus the experienced co -counsel much less time to accomplish these tasks. And what the evidence shows, Judge, is that there's just a lot of time expended to do things that are pretty much the normal course for these types of lawsuits. These are pretty basic lawsuits, Judge. There's a complaint. It's basically strict liability. Either the City complied or they didn't. And we had a hearing, and that's it. So to keep mounting all these costs, and it's just interesting to me that a motion for rehearing could take so much time, much longer than the actual hearing before the Court, it just flies in the face of reason. And to think that somebody would say that that is a reasonable rate or a charge or expense, it doesn't make any sense, Judge. I've submitted to the Court the Florida Patients Compensation Fund versus Rowe. That Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 102 outlines for the Court the different standards that you need to utilize in determining the reasonableness of the fees. Some of those are the time and labor required, whether this is a novel task for the attorney. As he indicated, you know, I would go so far as to say that this is their bread and butter. The O'Boyle law firm and Mr. Roeder, they have stacks of cases that they file in Palm Beach County Court, Palm Beach Circuit Court, Federal Court, the entire State of Florida. They're a mill running out these complaints, Judge. So for them to stand here and tell the Court that it took nine hours to file a complaint, all this preparation to file a motion for rehearing, it's just not reasonable. And if the City took so much less time and is so less experienced, I would urge the Court to utilize the City's time and Mr. Roeder's hourly rate. And that's really what our position has been all along. We don't object to their $300 an hour. We agree that he's an experienced litigator -- attorney, he says he's not a litigator, he's been an attorney for almost 30 years. There's no objection to the rate. The only time that we object to the rate is when a task could have been Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 103 delegated to support staff. And I don't think that his argument that he doesn't have support staff, that he's a one-man machine, really comports with the intent of the Florida law. And what Florida law says is, if you can delegate tasks to support staff, you can't charge the attorney rate. He has to charge something much lower. And to say, you know, $300 an hour to deliver documents to the courthouse, it's just not reasonable. Half an hour at $300 an hour to e -file a document, that's just not reasonable, Judge. And what the City just has been asking all along is that they submit a reasonable request for the time expended in this matter. That's it. I just want to draw your attention, Judge, because I know Mr. Roeder made a very big deal of it in one of his pleadings, calling what the City did as, and he termed it as "obnoxious" because we cited a Tenth Circuit case from federal court where the judges basically said that, and Mr. O'Hare was listed as one of the defendants, that they're engaging in a concerted effort to capitalize on the relatively unfettered access to public records. And I think -- I'm sorry that he took such offense to that, Judge, but what that Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 104 goes to, and it's one of the factors under Rowe that the Court has to consider, is the experience, reputation, and ability of the lawyer performing the services. And for the Federal Court of Appeal to say such a harsh thing about what their actions are, it flies in the face of reason that these expenses are reasonable. And that's why I included that, Judge. It wasn't to slander him or insult him. It's because you have to consider the reputation of the attorneys before you. And I think that when you look at these expenses that they're putting before the Court and asserting that are reasonable, I think that the Court can look past that and see what's going on. And I would ask the Court to exercise your discretion and determine that those rates and those expenses are not reasonable and to assess something that is reasonable, Judge. And what I propose to the Court is that you look at the hours expended by the City, by inexperienced, fledgling lawyers at that, and at the rate of Mr. Roeder. Thank you. MR. ROEDER: Your Honor, if I might. THE COURT: Last word, Mr. Roeder. MR. ROEDER: I'm sorry to have to, but I Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 105 thought we weren't going to talk about some of these other motions and other responses that were at issue, but that's exactly where the City seems to have gone. May I remind the Court, she referenced the federal action which was dismissed, went on appeal, was dismissed, and my client and the O'Boyle law firm were named, but they were not the primary defendants in that one. I was never named. And so for her now to cast dispersion because of that lawsuit, she's casting dispersion on some -- I am some scheme, I think she just mentioned here, that's what we call obnoxious; that's what we call preposterous. And she's talking about the Court saying if these charges were true. Never did they prove it; never was there one ounce of evidence that my client was involved in it; not one ounce of evidence that the O'Boyle law firm was involved in it, or that I was involved in it; I'm not even mentioned. And for her to say this in front of the Court today is just a deliberate effort to try and persuade the Court to facts that don't exist. THE COURT: Okay. Thank you. All right. I will work on getting an order out scheduling the follow-up hearing with the expert witness. At this Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 106 point, do you know whether the City's going to have an expert, or are you going to rely upon your cross examination, so I can determine the length of the hearing? MS. GELIN: Probably just cross examination, Judge. THE COURT: Okay. All right. And we'll allocate probably an hour for the hearing, that should be sufficient. Do you agree? MS. GELIN: Yes. THE COURT: Okay. All right. We'll get that order in the mail. That concludes the hearing for today. Thank you. MR. ROEDER: Thank you, Your Honor. (Proceedings concluded at 11:22 a.m.) Express Court Reporting, Inc. 561-533-6055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 107 CERTIFICATE OF REPORTER THE STATE OF FLORIDA COUNTY OF PALM BEACH I, April Goldberg, Florida Professional Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings; and that pages 4 through 106 contain a full, true and correct transcription of my stenographic notes. The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or direction of the certifying reporter. Dated this 12th day of October, 2016. A APRIL GOL ERG, F Florida rofessional Reporter Express Court Reporting, Inc. 561-533-6055 Renee Basel From: Trey Nazzaro Sent: Wednesday, November 23, 2016 8:38 AM To: Robert Sweetapple; OConnor, Joanne M.; 'scottmorgan75@gmail.com' Cc: Cynthia Miller Subject: Notes from Hearing on Reasonableness of Fees (O'Hare v. Delray Beach) Hearing on Reasonableness of Fees 11/22/16 before Judge Panse O'Hare v. Delray Beach, Case No. 2016 -CC -000556 (Public Records Act) I attended the above hearing and wanted to advise you of what occurred because it will be relevant to any potential fee hearings. Elaine James was counsel for O'Hare, and was brought on to the case post judgment for the purpose of seeking fees. The expert witness on fees was former Florida Bar President Eugene Pettis. Background At a prior fee hearing, O'Hare's attorney Lou Roeder failed to obtain an expert to testify as to the reasonableness of fees, so Judge Panse allowed the hearing to be bifurcated to allow for expert testimony, which was the purpose of this hearing. In the original hearing, Judge Panse noted that O'Hare was seeking $19,000 in fees, and Delray argued that $5,000 was reasonable. Fees for Fees Although Judge Panse previously stated that fees were awardable between two fixed periods of time resulting in the above figures, James requested fees for her fee work and fees for the expert witness, so Judge Panse entertained argument about including fees for fees. This included James' rate of $450/hr and Pettis' expert witness rate of $525/hr. I don't recall James' estimation of her time spent. Pettis estimated his time totaled 10.8 hours (10.8 hrs x $525/hr = $5,670). When questioned about her hours generally, James explained that O'Hare had her on retainer for $5,000/month for all the work she does for him but she keeps track of the time separately for each case. James relied on snippets from the Lee case and noted the deterrence aspect of § 119.12 (attorney's fees). She stated that, with respect to the definition of O'Hare enforcing his rights' under the Public Records Act to include attorney's fees, that `they make us litigate fees, so they are interfering with O'Hare's ability to recover.' On this issue, James further stated that `We would not have been here but for Delray. They chose to litigate this issue.' James' argument here, and what she has stated in at least one Gulf Stream case, is that when a Defendant defends or otherwise takes affirmative action causing Plaintiff to expend money in a public records case, that money is recoverable for the "costs of enforcement" under § 119.12. She uses that phrase as a buzzword when referring to any of the work performed. Expert Testimony Pettis was a strong witness, and (as expected) kept his composure during a strong cross examination by Delray. Pettis has defended public records cases and was qualified as an expert. His clients include Palm Beach, Broward, and Miami -Dade County School Boards, and various municipalities and governmental entities. Some notes about his testimony: Roeder (20+ years exp.) expended many more hours than Delray, who employed fairly green attorneys (1 year exp. and 4 years exp.) When questioned about the efficiency of experienced lawyers, specifically why it would take a 20+ year veteran of the bar more time than a first year lawyer, Pettis stated that veteran lawyers take more time because they know more and this results in spotting more issues. When questioned further about why Roeder's time spent was much greater, Pettis stated that a lot of action was started by Delray, and that `justified the response we are looking at' (referring to the bills). Pettis told Delray that `You pulled the trigger' with respect to the large number of hours expended because apparently the City alleged that O'Hare made misrepresentations to the court, and according to Pettis that kind of accusation would prompt zealous advocacy in the amount of more billed time. Pettis testified that Roeder's 30 minutes billed for review of a public records acknowledgement email from Delray consisting of two sentences was reasonable. Pettis testified that Roeder's performance of clerical and secretarial duties billed at his full hourly rate ($300/hr) was reasonable because Roeder is a solo practitioner without support staff. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Renee Basel From: Robert Sweetapple <rsweetapple@sweetapplelaw.com> Sent: Friday, November 25, 2016 1:11 PM To: Trey Nazzaro; OConnor, Joanne M.; scottmorgan75@gmail.com Cc: Cynthia Miller Subject: Re: Notes from Hearing on Reasonableness of Fees (O'Hare v. Delray Beach) Thanks. This will help us anticipate her arguments in our cases ROBERT A. SWEETAPPLE, ESQ. Board Certified Civil Trial Board Certified Business Litigation Sweetapple, Broeker & Varkas, P.L. 20 SE 3,d Street Boca Raton, FL 33432 (561) 392-1230 (t) (561) 394-6102 (f) rsweetapple@sweetapplelaw.com STATEMENT OF CONFIDENTIALITY The information in this e-mail is confidential and may be legally privileged. If you are not the named addressee, or if this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribute, disseminate, maintain, save or otherwise use this email. Please contact the sender at the above number immediately. Delivery of this message to any person other than the intended recipient(s) is not intended in any way to waive privilege or confidentiality. From: Edward Nazzaro <tnazzaroPgulf-stream.ore> Date: Wednesday, November 23, 2016 at 8:37 AM To: Bob Sweetapple <rsweetapple@sweetapplelaw.com>, Joanne O'Connor <JOConnor(Mionesfoster.com>, Scott Morgan <scottmorgan75@gmail.com> Cc: Cynthia Miller <cmiller@sweetaoplelaw.com> Subject: Notes from Hearing on Reasonableness of Fees (O'Hare v. Delray Beach) Hearing on Reasonableness of Fees 11/22/16 before Judge Panse O'Hare v. Delray Beach, Case No. 2016 -CC -000556 (Public Records Act) I attended the above hearing and wanted to advise you of what occurred because it will be relevant to any potential fee hearings. Elaine James was counsel for O'Hare, and was brought on to the case post judgment for the purpose of seeking fees. The expert witness on fees was former Florida Bar President Eugene Pettis. Background At a prior fee hearing, O'Hare's attorney Lou Roeder failed to obtain an expert to testify as to the reasonableness of fees, so Judge Panse allowed the hearing to be bifurcated to allow for expert testimony, which was the purpose of this hearing. In the original hearing, Judge Panse noted that O'Hare was seeking $19,000 in fees, and Delray argued that $5,000 was reasonable. Fees for Fees Although Judge Panse previously stated that fees were awardable between two fixed periods of time resulting in the above figures, James requested fees for her fee work and fees for the expert witness, so Judge Panse entertained argument about including fees for fees. This included James' rate of $450/hr and Pettis' expert witness rate of $525/hr. I don't recall James' estimation of her time spent. Pettis estimated his time totaled 10.8 hours (10.8 hrs x $525/hr = $5,670). When questioned about her hours generally, James explained that O'Hare had her on retainer for $5,000/month for all the work she does for him but she keeps track of the time separately for each case. James relied on snippets from the Lee case and noted the deterrence aspect of § 119.12 (attorney's fees). She stated that, with respect to the definition of O'Hare enforcing his rights' under the Public Records Act to include attorney's fees, that `they make us litigate fees, so they are interfering with O'Hare's ability to recover.' On this issue, James further stated that `We would not have been here but for Delray. They chose to litigate this issue.' James' argument here, and what she has stated in at least one Gulf Stream case, is that when a Defendant defends or otherwise takes affirmative action causing Plaintiff to expend money in a public records case, that money is recoverable for the "costs of enforcement" under § 119.12. She uses that phrase as a buzzword when referring to any of the work performed. Expert Testimony Pettis was a strong witness, and (as expected) kept his composure during a strong cross examination by Delray. Pettis has defended public records cases and was qualified as an expert. His clients include Palm Beach, Broward, and Miami -Dade County School Boards, and various municipalities and governmental entities. Some notes about his testimony: Roeder (20+ years exp.) expended many more hours than Delray, who employed fairly green attorneys (1 year exp. and 4 years exp.) When questioned about the efficiency of experienced lawyers, specifically why it would take a 20+ year veteran of the bar more time than a first year lawyer, Pettis stated that veteran lawyers take more time because they know more and this results in spotting more issues. When questioned further about why Roeder's time spent was much greater, Pettis stated that a lot of action was started by Delray, and that `justified the response we are looking at' (referring to the bills). Pettis told Delray that `You pulled the trigger' with respect to the large number of hours expended because apparently the City alleged that O'Hare made misrepresentations to the court, and according to Pettis that kind of accusation would prompt zealous advocacy in the amount of more billed time. Pettis testified that Roeder's 30 minutes billed for review of a public records acknowledgement email from Delray consisting of two sentences was reasonable. Pettis testified that Roeder's performance of clerical and secretarial duties billed at his full hourly rate ($300/hr) was reasonable because Roeder is a solo practitioner without support staff. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.