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HomeMy Public PortalAboutPRR 17-2497RECORDS REQUEST (the "Request") Date of Request 2/6/2017 Requestor's Request ID#: 1381 REQUESTER Custodian of Records Town of Gulf Stream REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-goup.com Fax: 954-360-0807 or Contact Records Custodian at recordsna commerce-orout).com: Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Please provide a cony of all communications (including without limitation letters E - Mails, notes, memorandums and the like) (the "Communications") for the period between March 20 2014 and March 31, 2014 where Scott Morgan ("Morgan") received or sent any such Communications; and where any one of the following received or sent any such Communications: Robert Sweetapple Esquire Joanne O'Connor Esquire and John C Randolph Esquire (the "Lawyers") To be clear, the Communications must be between Morgan and one or more of the Lawyers either of which were the sender or receiver. ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO ARTICLE L SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDASTATUTES 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 NOT AVAILABLE IN ELECTRONIC FORM IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CAE (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 THAT "1F A 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 TIIE 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 crony costs Imposed to the Requesmr 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". I/P/NP/FLRR 11.04.2016 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail February 7, 2017 Martin E. O'Boyle [mail to: recordsacommerce-eroun.coml Re: GS #2497 (PRR 1381) Please provide a copy of all communications (including, without limitation, letters, E - Mails, notes, memorandums and the like) (the "Communications') for the period between March 20, 2014 and March 31, 1014 where Scott Morgan ("Morgan') received or sent any such Communications; and where any one of the following received or sent any such Communications: Robert Sweetapple, Esquire, Joanne O'Connor, Esquire and John C. Randolph, Esquire (the "Lawyers'). To be clear, the Communications must be between Morgan and one or more of the Lawyers, either of which were the sender or receiver. Dear Martin E. O'Boyle [mail to: recordsna commerce-eroup.coml: The Town of Gulf Stream has received your public records request dated February 6, 2017. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/O/doc/I 05294/Pagel.aslx 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, v� " 1z"I d RtiW"'9ti tzt As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 28, 2017 Martin E. O'Boyle [mail to: recordsOcommerce-eroumcom Re: GS #2497 (PRR 1381) Please provide a copy of all communications (including, without limitation, letters, E - Mails, notes, memorandums and the like) (the "Communications') for the period between March 20, 2014 and March 31, 2014 where Scott Morgan ("Morgan') received or sent any such Communications; and where any one of the following received or sent any such Communications: Robert Sweetapple,Esquire, Joanne O'Connor, Esquire and John C. Randolph, Esquire (the "Lawyers'). To be clear, the Communications must be between Morgan and one or more of the Lawyers, either of which were the sender or receiver. Dear Martin E. O'Boyle [mail to: recordsna,commerce-nroun.comj: The Town of Gulf Stream has received your public records request dated February 6, 2017. The original public records request and partial response can be found at the following link: http://www2.gulf-stream.org/weblink/O/doc/105294/Pap,el.ast)x After spending 15 minutes on your request, the Town now estimates that to fully respond to your request will require approximately an additional 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, SiD 1 "Id ROW" DlN�r As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From: Matias, Sally <SMatias@jonesfoster.com> Sent: Tuesday, March 25, 2014 10:20 AM To: cbailey@sweetapplelaw.com; scottmorgan75@gmail.com Cc: JOConnor@jonesfoster.com; MMacfarlane@jonesfoster.com Subject: O'Boyle vs Gulf Stream - Deposition of Scott Morgan (13147.51) This is to confirm that we have scheduled the conference call for 2:00 p.m. this afternoon. Joanne O'Connor will place the call to: Scott Morgan 752-1936 Robert Sweetapple 392-1230 Thank you for your assistance. Sally JONESFOSTER JOHNS ION NS I LHHS. P.i Sally Matias Secretary to John C. Randolph and I1. Michael F;asley Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smadas(@ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. FLlgler Center Tower, 505 South I'lagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires 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 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. Renee Basel From: scottmorgan75@gmail.com Sent: Friday, March 28, 2014 5:24 PM To: rsweetapple@sweetapplelaw.com Cc: jrandolph@jonesfoster.com;joconnor@jonesfoster.com Subject: Special Counsel- Town of Gulf Stream Attachments: Morgan Sweetapple.JPG :0 The Town Commission voted unanimously today to engage you as special counsel to assist Jones Foster in the defense of the Public Records lawsuits. That firm's contact information is: Jones, Foster, Johnston & Stubbs, P.A. Flagler Center ,rower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com The Town Manager is William Thrasher ( 276-5116; bthrasher@eulf-stream.org ; 100 Sea Rd., Gulf Stream, FL 33483 ). You can send your engagement letter to him. As we discussed, you have kindly agreed to reduce your hourly rate to $350.00. I spoke with John "Skip" Randolph and Joanne O'Connor, the Town attorneys with Jones Foster, who will be sending you a copy of the files on each of the lawsuits. I have not read them myself, but my understanding is that they are all essentially the same --allegations of delay or failure to produce public records or of unreasonable production cost. In order to keep your fees down, I suggest you do not undertake an in-depth study of each case, but just familiarize yourself generally with them. I believe each case is pretty much the same anyway. In case you didn't know, there are two independent Plaintiffs bringing these actions. Marty O'Boyle is one and Christopher O'Hare is the other. Both men are (were?) represented by The O'Boyle Law Firm so they work together on most of these matters, although in several of the cases, I believe one or the other Plaintiff is already acting pro se. O'Boyle is the leader of the pair, however, so we want to focus our attention on him first. If you have time next week, and even before you receive the files from Jones Foster, I believe we should have a strategy session involving Jones Foster, you and myself. Skip and Joanne have done quite a bit of work on these cases so they are already working on a strategy involving sanctions and consolidation. You may or may not agree, or may have input on how we can fast-track the best case into court. Your first suggestion, as I recall, was to pick the weakest case and conduct an extensive deposition of O'Boyle, which would set the groundwork for possible sanctions in any other matter. Afterward, you would advance the case to trial. I suspect O'Boyle will try to use discovery efforts to delay the case but we'll just have to deal with that as it occurs. The goal is to obtain a dismissal or verdict in one of his cases, and thereby set up an abuse of process or malicious prosecution case. In addition, there may be opportunities for sanctions even prior to a verdict. I am attaching a letter waiving any conflict of interest I may have in connection with your representation of the Town. Best regards, Scott W. Morgan w-561-752-1936 c-561-573-6006 SCOTT W. MORGAN 1140 N. Ocean Blvd Gulf Stream, FL 33483 Ph (561) 243-1432 Cell (561) 573-6006 Email: smoreanAliumidirrst.com March 28, 2014 Robert Sweetapple, Esq. 1199 E Boca Raton Rd. Boca Raton, FL 33432 Re: O'Boyle v. Town of Gulf Stream 2014 CA 001572 Dear Bob: Please accept this letter as my acknowledgment of your representation of the Town of Gulf Stream in connection with lawsuits filed against it by Martin O'Boyle. These matters include the above -referenced action in which you have also represented me as a witness. I waive any conflict of interest concerns, and hereby agree to your representation of the Town in these actions and of the joint representation of us both in the matter docketed as 2014 CA 001572. Very truly yours, Renee Basel From: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Tuesday, March 25, 2014 3:02 PM To: scottmorgan75@gmail.com; cbailey@sweetapplelaw.com Cc: SMatias@jonesfoster.com Subject: OBoyle v. Gulf Stream Attachments: 11C9167-oboyle complaint case no 1572 (51).pdf; 20140325134015173.pdf; Public Records Request 10_15_13.eml Scott and Robert — Attached is the complaint and answer in this case. The public records request at issue was made by O'Boyle on January 241h for the following: Provide a copy of all comnrtsnications and Public Records (as defined in FS Chapter IIS by or received by Scott Morgan of theArchitecittral Review and Planning Board of the 7 Golf Stream for the period beginning January 1, 2012 through tire date of thls Request. Z above regetest shall include Text Messages and E Malls from private accounts. On February 4, 2014, we responded and provided the 12/13/13 correspondence re the design manual and the 7/23/13 memo re Hidden Harbour (attached). Subsequently, about 2 weeks ago, we also provided O'Boyle with all of the ARPB backup that would have been made available to you from January 2012 to the present. Today we produced one additional email from you to Bill Thrasher re O'Boyle's October 2013 request for emails (also attached). Please let me know if you have any questions Thanks, Joanne J Oil' ES FOSTER i`1tW111&%TLM1rti Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 ioconnor(a.,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.*onesfoster.com U.S. Treasury Regulation Circular 230 requires 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 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 ieccived this in error. If so; any review, dissemination, ur cupying of this email is prohibited. Please immediately notify us by email and delete the original message. IN THE CIRCUIT COURT OF THE 15" JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'BOYLE, Plaintiff, 1'A THE TOWN OF GULF STREAM, Defendant. CASE NO.: The Plaintiff, Martin E. O'Boyle, ("Plaintiff'), by and through the undersigned counsel, hereby sues the Town of Gulf Stream, ("Defendant"), and as grounds therefore alleges the following: 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, (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 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, end 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. 1 of 9 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 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 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 tens 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 § 119.11(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% 3 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 chanter, the Commission an 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 anv person desiring to do so, at a reasonable time, under reasonable conditions, and for reasonable costs. (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 Government-In-The-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 C.ompmry, 372 So. 2d 420, 425 (Fla. 1979). See also State er 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.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. Inf. Op. to Cook, May 27, 2011. And see State v. Webb, 786 So. 2d 602 (Fla. Ist 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 Inw might have on interstate commerce clearly does not outweigh the goal of ensuring open government. 3 of 9 Fla. Stat a 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 § I 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 § 119.07(1)(a)rl, § I 19.07(3)(a)12, Fla. Stat; Art. I, § 24, Fla. Const.13 Factual Background 16. On January 24, 2014, Plaintiff, submitted a public records request via e-mail to the Defendant. 17. Specifically, Plaintiff sought to obtain: [A] copy of all communications and Public Records ... seat by or received by Scott Morgan of the Architectural Review and Planning Board of the Town of Grrlf Stream for the period beginning January 1, 2012 through the s See Footnote "S'. v 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 maldng photographs of the record while such record is in the possession, custody, and control of the custodian of public records. See Footnote"? rx See Footnote "10". See Footnote "I". 4of9 date of this Request. The above request shall include Text Messages and E -Mails front private accounts. (the "Request"). Said Request is attached hereto and specifically incorporated herein as Exhibit A. 18. On the same day after receipt of the Request, on January 24, 2014, Defendant's custodian of records sent a letter to Plaintiff via E -Mail, stating in relevant part: The Town of Gulf Stream has received your public records request dated January 24, 2014. If your request was received in writing, their the first page of that request is attached to this cover letter. If your request was verbal, then the description ofyour public records request is set forth in the space below. Our staff will review your request within the next three business days, and the 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. On February 3, 2014, Defendant — without giving an update after three days as promised by their form automatic delay letter — partially responded (the "Final Response")producing only four documents. Said Final Response is attached hereto and specifically incorporated herein as Exhibit C. General Allegations 20. The records being sought by Plaintiff are public records pursuant to Section 119.011(12)14, Florida Statutes. 2l. There is no statutory exemption that applies to the requested public records and the "Note § 119.011(12), Fla. Stet. "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. 5 of 9 Defendant has cited none. 22. Violations of Section 119.07, Florida Statutes constitute an irreparable public injuryr6. 23. 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. 24. Section 119.11 (1), Florida Statutes requires this matter be set for an immediate hearing.r6 25. All conditions precedent to this action have occurred or have been excused or waived. 26. 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. Count I — Unlawful Withholding of Records: Not All Records Produced 27. Plaintiff re -alleges and incorporates by reference paragraphs 1 through 26 as if fully alleged herein 28. Upon information and belief, Defendant did not produce all records responsive to the Request. 29. Defendant has made it clear that no further records will be provided in response to the Request is 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. j6 See Foumote I". 6of9 30. Defendant's failure to produce all records responsive to the Request constitutes a denial of access to public records in violation of the Public Records Act. 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;'s (c) Order the Defendant to allow the inspection, copying and photographing of the requested records (upon payment of the statutorily authorized fees); (d) Order the Defendant 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 "See Footnote "3". 'a See Footnote "I" "See Footnote "2".. '0 Notegovemment-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 expenses incurred in this action, as provided in Section 119.12, Florida Statutes; and (g) Grant such fitrther relief as the Court deems proper. Respectfully submitted, Dated: February 7.2014 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: oboylecourtdocs@oboylelawfirrn.com oboylelawfrm.com By: /s/ Giovani Mesa Giovani Mesa, Esq. Florida Bar 40086798 gmesa0loboylelawfirm.com 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 tL;, court. 8 of 9 VERIFICATION STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned authority, personally appeared, MARTIN E. O'BOYLE, who, being first duly identified and sworn, deposes and says that this VE RIFIWD COMPLAINT is based on records and information known to him, and is true and correct to the best of his knowledge, information, and belief. By: Name: MARTIN E. O'BOYLE, STATE OF FLORIDA ) )SS COUNTY OF BROWARD ) Sworn to, affirmed, and subscribed before me this'1e day of FEahu;%Q 2014, by MARTIN E. O'BOYLE, 1 JILL R MOHLER MY COMMISSION # EE081214 EXPIRES ApdI J2, 2015 � 398-0153 PlmbaNaliry9orvWmn NOTARY PUBLIC STATE OF FLORIDA Sign: Print: i It L tL A/1 at�[F/t (SEAL) Please indicate: Personally Known: ✓ OR Produced Identification: Type of Identification Produced: 9of9 17,50 WON 5617370188 Fax 03:15:38 p.m. 02-03-2014 218 The Town's acknowledgement of the above Public Records Reouest dated January 24.2014 Is reproduced in the space below. TOWN OF GULF STREAM PALMBEAcH COUNTY, FLORIDA Delivered via e-mail January24, 2014 Martin E. O'Boyle [records@commerce-gmup.com Ret Public Records Request #434 — Scott Morgan Communications Provide a copy of all communications and Public Records (as defined In FS Chap ter 119) sent by or received by Scott Morgan of the Archllectural Review and PlannlrgRoard of the Town of G("treanifor the period beginningdantmry 1, 2012 through the date ofthisRequest. The above request shall include Tert Messages and &Moils from private accomts. Dear Mr. O'Boyle [records@commerce-gmup.com, The Town of Gulf Stream has received yourpublic records request dated January 24, 2014. If your request was received in writing, then the fust 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 rrspoase or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records S617370188 Fax 03:15:51 p.m. 02-03-2014 31B Your original request dated January 24 2014 is reomduced in the mace below: 1-001-24-Ic;O±;pS61; e v RECO1JD5 RsQ HEST Ldn'Rq W t'7 u,icccRegetre IQ4t14 FlrqueanPt itequrs! MJ= 43A REQIlE=--CustodianofR=r&Tw dOffSbeam REQISSSOlu MarffnV QMJ{ MQUESFORVSIAM'ACTMMMATJDN: JSTdnll: =rdj&wM 2CeVnuy.%:a Fan 4S"60M.' Adim: IIEOwmtNaRFortCaderlhNgHraEddFJmeL,FL E341L JtBQiff3(; _ Prov7deamP9 oCe0obaaawleetio�sodlUEcRecotds (aa d:f=d Io Fd Cbvotu l397eeattnorraeelvedtri Rmn MaacnoTtbesLcb'dectusal Rnv' w audPlmn'aRHoani atlbeTowaufGulFS'hamfu[DeaOtiedbcciminF 7msmfy 7 70IItbmUFLOmdbwofth6ReauaL The ebevewquestzlwtl odwbT=t MesnPuandE74Ulis fmmedtllearravalt. A17DJrMNAL WFOAMATJONRMAMMNGXZQ@3h I71<.+AEQDfltiFl9bfADEPiJH90ARST0 POHfICARCDAPeACC, CHAYIDRI V OFTJIEFLWMAGUTUMAND JBALEDJJEQDRBTSP UNDER TBE COMMUNLAW"GDTTD IMDVV,MMC01db(ONLAW MMaOFACMSS;A171J ANYSMTOTORYRIGm TO]MG%v M'lD'riG,WSTROOT7MarAnoi4 ANY 6SATTRDRI'MM CR+ACiMS! VAEA"MCaRLfi} 7JMR£QUEST15.Sy.40 RLDs6 PORNANTTOTUSUMBIS OFnMREQSIESIMrRD'VMED W TTIiB,NMMA CON517Tf1MN. ST iSRSDDEs;TE1iTHATTMB RE(Y1abt REO rrNtrRymrtRmf an lNmylTn PREAL TRNOTAVA70AIJLRINETB MGN'TClfbMi ITISNEOOSVPLDTRATTR RP^wR�RIDOR3TRCamFiiTab OK TIX I'xPAPRR AgTf TtQA1 A ESS 7MPosaRLSTxeCttTmes+om.o R .TNOFmF�a eNoeNDm Daa en* FnsK ACCDIDLINCEtyrrHSnMvAT/9Lifl1lel l2l A77 TTIaCPR/ C�PfPF R f1VE"rPi1 TY)RFQL RyP-`^XVERY PLRASRFRDVMr TFMAMLO..MM=CGM VFAIMTDF mmT.TMSpMLTC JM=nSRRQUWrIHADVA_-4= RR01 bo ragttlnd tbvl thdRlguRtOrapPl Wd 6tavyxarts, aTRsted bytheASetety (xrdeBneda FlcrldsSMMIq Chgter11401 OWinTlhns Vlnadv= crAmy wislmpme tamaHagtfllerbi W Ac=M LLMrAIFAH 6ti113T0rnr EXHIBIT C 5617370186 Fax 03:15:28 p.m. 02-03-2014 1/8 TowN of GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-3i9a February 3, 2014 Martin E. O'Boyle [FAX 954-360-0807] Re: Public Records Request #434 — Scott Morgan Communications Provide a copy ofall commtaications and Public Records (as defined in FS Chapter 119) sent by or received by Scott Morgan of theArchitectural Review and Planning Board of the Town of GulfStreamfor thoperiod beginning January 1,1011 through the date of this Request. The above request shall htclude Text Messages and &Mails from private'acconnis. Dear Mr. O'Boyle, This latter is in response to the public records you have requested in your email dated January 24, 2014, that we acknowledged January 24, 2014. There are 5, Sh x 11, one-sided documents that are included with this fax cover page. Sincerely, Town Clerk Custodian of the Records 5617370188 Fax 03:16;07 p.m. 02-03-2014 410 k � r4 ®RECEIVED SCOTT W. MORGAN DEC 16 2013 1140 N. Ocean Blvd TownoF�ulfstream,FL Gulf Stream, FL 33483 Ph (561) 243-1432 December 13,2013 Town of Gulf Stream atter William Thrasher 100 Sea Rd. Gulf Stream, FL 33483 Re: Request for Input on Design Mamial Changes Dear Bill: In response to your request for input on the Design Manual, I lead over the Code and, frankly, believe it to be a well written and comprehensive document that has served the Town well for many years. It gives specific guidance to architects, contractors and residents on acceptable design. I would hope a decision is made to keep the existing Manual and modify it only as needed. In particular, I believe that changing the Design Manual to eliminate the specific, itemized Requirements/Prohibitions and instead adding broad, discretion based rules would be a mistake; such rules do not give sufficient guidance and they also open up the Town to allegations of abuse of discretion. That much being said, I suggest consideration be given to modifying the following sections: Article VII- Division 2, Soanisb Mediterranean Revival Style Sec. 70-218 Roofs -(d Prohibited Add the word "metal' Delete the phrase "on the streetside " that follows solar panels Article VII, Division 3 Gulf Stream Bermuda Style Sec. 70-238 Roofs -(a) Required After the phrase: slate -like tile, Add "or other dark color tile." 5617370188 Fax 03:16:23 p.m. 02-03-2014 518 -(d) Prohibited Add the ward "me7al" Add "solar panels" Very truly yours, ?On rg 5617370100 Fax 03:15:27 p.m. 02-03-2014 510 FACSEV= TRANSM[Ti'AL SHEET SCOTT W. MORGAN 1140 N. Ocean Blvd GULFSTRE",, FL 33483 PH(S61)-752-1936 FAX (807)-760.2777 Date: 7-73-13 To: Town of Gulf Stream Fax: 561-737-0188 From: Scott W, Morgan Be: Application for Level 3 approval of Lot 5- HIdden Harbour Estates Number of pnges: 3 Memo: Please find attached my letter in opposition to this application. Would you please make copies ofthe letter for distribution to the members oftheARPB7 5617370108 Fax 03:16:38p.m. 02-03-2014 7/8 SCOTT W. MORGAN 1140N. Ocean Blvd GulfStmang PL 33483 Ph (SQ) 243-1431 July 23, 2013 To: Town of Gulf Stream Architectural Review and Planning Hoard Re: Hidden Harbour Esiales Lot S 1114 A Ocean Blvd Dear Board Members: Please note my objection to this application for Level 3 Arcbitectural/Site Plan Review of 8,726 sf Colonial West Indies single family dwelling. Sec. 66-144 (b)(10)69 The proposed architectural design ofthis home violates the prohibition against excessive similarity both in regard to neighboring homes and in comparison of its East and West breezeway structures. The latter composition gives an appearance more of the wings of an aircraft than of an Ocean West District home. Because the lot is long and narrow, the applicant has attempted to create useable space by symmetrically loading the farthest East and West sides of the property. The result is a forced balance that gives the appearance of outstretched arms on a measuring scale. The long breezeways, nearly 27' each, only heighten the sense of awkward balance between the two ancillary buildings. 2 Sea 70-4 (e)(4) and Sec. 70-24 (b)(3) This long, narrow and drawn out house design also conflicts with the Code's probibition against excessive similarity to neighboring homes, which by definition then conflicts with the Code's prohibition against applications that "do not maintain the desired character or quality ofthe zoning district within which they are located .-."(Art. I, Sec. 70-4 (c)(4)). The Ocean West District is characterized by "lots that the set back great distances from the road ... the homes and landscape features lend a formal, elegant and estate -like feel to the lots in the district" (Art. II. Sec. 70-29 (b)(3)). The homes ofthis District have a unique, separate character that helps define the Town of Gulf Stream. Tho similarity of lots inside Hidden Harbour Estates—all of which are rectangular, long East to West, and narrow, and which lay next to each other like two roles of domino tiles --has from its conception risked the potential oftuming into a gated- 5617370188 fax 03; Mrs P.M. 02-03-2014 8/8 community sub-divislon, typical o£large home neighborhoods in Boca Raton and West Delray Beach. The previous three Hidden Barbour Estates homes approved by the ARPB were all confer lots and so were evaluated on their own, rather than in juxtaposition to homes on adjacent lots. The current application for Lot 5 is a middle lot, and is sandwiched between two approved homes, each of which employs the now ubiquitous long, narrow, rectangular desigm In order to preserve the integrity of the ocean West District character, and to prevent an over -crowding ofsimilar homes inside Hidden Barbour FAatcs, I ask that the Level 3 ArchitecturaUSite Plan Review ofLot 5 be denied, and request tbatthe applicant re -submit a house design consistent with the Gulf Stream Code. Very truly yours, cttW Marga Renee Basel From: scottmorgan75@gmail.com Sent: Friday, October 18, 2013 8:37 AM To: Bill Thrasher Subject: Public Records Request 10/15/13 Hello Bill, You sent me a copy of an e-mail from Mr. J. O'Boyle, which purports, rather informally, to be a Public Records request. The highlighted Request (5) of the e-mail makes no sense, as it requests "Email's sent from Scott Morgan's (sic) for the Month of September 2013". 1 assume that is the request you wish me to answer but since Mr. O'Boyle's request is vague, I am unable in good faith to respond to it. Should you have any further questions, do not hesitate to contact me. Scott W. Morgan w-561-752-1936 c-561-573-6006