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
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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
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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