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Home My Public Portal AboutPRR 17-2582RECORDS REQUEST (the “Request”) Date of Request: _______________ Requestor’s Request ID#: __________________ 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 Anselmo 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@commerce-group.com; Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Please provide all records which: a) include Lisa Morgan in any video’s, pictures and audio’s; b) any records requests (made by Lisa Morgan; c) all responses (and related communications) sent by, provided to, received by, stored by, or created by Lisa Morgan (or the Town) which include the name or which refer to Lisa Morgan (by name or Mayor Morgan’s wife) including, without limitation, all communications, memo’s notes, entries or other documents which refer to Lisa Morgan (by name or Mayor Morgan’s wife), for the period beginning 1/1/10 through today. 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 I, 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 §119.01(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 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(1)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT “IF 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 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 costs 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”. IN CONNECTION WITH ANY RECORDS WITHHELD, NOT PRODUCED OR REDACTED, PLEASE PROVIDE US WITH A “PRIVILEGE LOG” AND/OR THE BASIS (PURSUANT TO CHAPTER 119 OF THE FLORIDA STATUTES) FOR ANY SUCH RECORDS WITHHELD, NOT PRODUCED OR REDACTED. I/P/NP/FLRR 03.30.2017 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail August 18, 2017 Martin E. O’Boyle [e-mail to: records@commerce-group.com] Re: GS #2582 (PRR 1894) Please provide all records which: a) include Lisa Morgan in any video’s, pictures and audio’s; b) any records requests (made by Lisa Morgan; c) all responses (and related communications) sent by, provided to, received by, stored by, or created by Lisa Morgan (or the Town) which include the name or which refer to Lisa Morgan (by name or Mayor Morgan's wife) including, without limitation, all communications, memo’s notes, entries or other documents which refer to Lisa Morgan (by name or Mayor Morgan’s wife), for the period beginning 1/1/10 through today. Dear Martin E. O’Boyle [e-mail to: records@commerce-group.com]: The Town of Gulf Stream has received your public records request dated August 16, 2017. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/112686/Page1.aspx Please be advised that the Town of Gulf Stream is currently working on a 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, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From:Brenda Russell <brussell@commerce-group.com> Sent:Friday, August 18, 2017 3:59 PM To:Renee Basel Subject:FW: GS #2582 (PRR 1894) TOGS E-Mail regarding RR#1894 "...Please be advised that the Town of Gulf Stream is currently working on a number of incoming public records requests..." CORRECTION Attachments:GS #2582 (PRR 1894)_intake.pdf As to the request below, subparagraph (a) should say “and/or”. Please note your records accordingly. Brenda A. Russell Executive Assistant Office of Martin E. O’Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brussell@commerce-group.com From: Records Sent: Friday, August 18, 2017 3:42 PM To: Marty O'Boyle; Brenda Russell; David Licker Subject: FW: GS #2582 (PRR 1894) TOGS E-Mail regarding RR#1894 "...Please be advised that the Town of Gulf Stream is currently working on a number of incoming public records requests..." RECORDS REQUEST #1894 (8/16/17) 1 From: Renee Basel \[mailto:RBasel@gulf-stream.org\] Sent: Friday, August 18, 2017 1:54 PM To: Records Subject: GS #2582 (PRR 1894) Good afternoon, Mr. O’Boyle: See attached correspondence. Sincerely, Reneé Rowan Basel Executive Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax www.gulf-stream.org Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 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. 2 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail August 31, 2017 Martin E. O’Boyle [e-mail to: records@commerce-group.com] Re: GS #2582 (PRR 1894) Please provide all records which: a) include Lisa Morgan in any video’s, pictures and audio’s; b) any records requests (made by Lisa Morgan; c) all responses (and related communications) sent by, provided to, received by, stored by, or created by Lisa Morgan (or the Town) which include the name or which refer to Lisa Morgan (by name or Mayor Morgan's wife) including, without limitation, all communications, memo’s notes, entries or other documents which refer to Lisa Morgan (by name or Mayor Morgan’s wife), for the period beginning 1/1/10 through today. Dear Martin E. O’Boyle [e-mail to: records@commerce-group.com]: The Town of Gulf Stream has received your public records request dated August 16, 2017. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/112686/Page1.aspx The Town is providing you with a partial production, which you can review at the following link: http://www2.gulf-stream.org/weblink/0/doc/20279/Page1.aspx In light of the breadth of your request, which the Town understands to seek all documents in possession of the Town which refer to Lisa Morgan by name and/or as Mayor Morgan’s wife during a nearly eight year period, and additionally would require the Town to review dozens of hours of publicly available video records, which can be found at https://www.youtube.com/channel/UCyJTjen2HMOSbss-CYOpzdQ, fulfilling your request will require extensive use of information technology resources and extensive clerical support. The Town estimates that to fully respond to your request will require approximately 121 hours of administrative support at $38.54 per hour and one hour of IT support at $95.00 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. (121 hours @ $38.54) + (One hour @ $95.00) – (.25 @ $38.54) = Deposit Due: $4,748.70 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, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Friday, September 1, 2017 1:08 PM To:Renee Basel Cc:Brenda Russell Subject:FW: GS #2582 (PRR 1894) TOGS response to RR#1894 - 1 page printed from link - $4,748.70 Deposit Due Attachments:GS #2582 (PRR 1894)_partialprod.est.pdf Renee – thank you for the attached. Please accept the below insertions (as highlighted) as a clarification. Renee – based upon the above, I would appreciate that you revisit the estimate in the attached considering that the time (except for the time of the IT guy) seems to emanate from having to watch he videos on line, which, as I calculate it, are the bases of the time that you estimate (which will free you up to do other things ). Seemingly, the IT guy (based  upon the clarifications “highlighted” below) should be able to easily provide the information within the 1 hour time period. When sending the revised estimate (if there will be any), please provide an explanation of how you reached the amount (if any) provided for in the estimate. In this connection, I would ask that you provide your bases for charges when asserting them in all matters going forward. This approach should limit the time necessary to understand the bases for any asserted charges; and it will (likely) eliminate (in several – if not all cases) the need for further inquiry, thus saving us both precious time. Thank you!  Please provide all records which: a) include Lisa Morgan in any video’s, pictures and audio’s (but only to the extent not available on line); b) any records requests (made by Lisa Morgan; c) all responses (and related communications) sent by, provided to, received by, stored by, or created by Lisa Morgan (or the Town) which include the name or which refer to Lisa Morgan (by name or Mayor Morgan's wife or as “Lisa” or as “Mrs. Morgan” or as “Mrs. Scott Morgan”) including, without limitation, all communications, memo’s notes, entries or other documents which refer to Lisa Morgan (by name or Mayor Morgan’s wife), for the period beginning 1/1/10 through today. UNFORTUNATELY, I RECEIVE TOO MANY EMAILS ON A DAILY BASIS. THE RESULT IS THAT I DO NOT HAVE A CHANCE TO REVIEW THEM ALL; AND MANY I DO NOT SEE AT ALL. I ENCOURAGE YOU TO CONTINUE TO SEND ME EMAILS; AND, IF YOU DON’T HEAR FROM ME WITHIN 48 HOURS, I URGE YOU TO CALL ME. I ALSO ASK YOU TO CC MS. BRENDA RUSSELL (BRUSSELL@COMMERCE-GROUP.COM) OR TO CALL HER (954 570 3513). THANK YOU FOR YOUR COOPERATION. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive 1 Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com From: Renee Basel \[mailto:RBasel@gulf-stream.org\] Sent: Thursday, August 31, 2017 11:58 AM To: Records Subject: GS #2582 (PRR 1894) Good morning, Mr. O’Boyle: See attached correspondence. Sincerely, Reneé Rowan Basel Executive Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax www.gulf-stream.org Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 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. 2 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 21, 2017 Martin E. O’Boyle [e-mail to: records@commerce-group.com] Re: GS #2582 (PRR 1894) Please provide all records which: a) include Lisa Morgan in any video’s, pictures and audio’s (but only to the extent not available on line); b) any records requests (made by Lisa Morgan; c) all responses (and related communications) sent by, provided to, received by, stored by, or created by Lisa Morgan (or the Town) which include the name or which refer to Lisa Morgan (by name or Mayor Morgan's wife or as “Lisa” or as “Mrs. Morgan” or as “Mrs. Scott Morgan”) including, without limitation, all communications, memo’s notes, entries or other documents which refer to Lisa Morgan (by name or Mayor Morgan’s wife), for the period beginning 1/1/10 through today. Dear Martin E. O’Boyle [e-mail to: records@commerce-group.com]: The Town of Gulf Stream has received your public records request dated August 16, 2017. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/112686/Page1.aspx The Town previously provided you with a partial production, which you can review at the following link: http://www2.gulf-stream.org/weblink/0/doc/20279/Page1.aspx Thank you for your clarification e-mail sent to the Town on September 1, 2017. The portion of your request which has been modified is indicated above in bold. Due to the additional search terms you have requested and subtracting the time estimated earlier for those you have clarified as not being available on-line, the Town now estimates that to fully respond to your request will require approximately 38 hours of administrative support at $38.54 per hour and one hour of IT support at $95.00 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. (38 hours @ $38.54) + (One hour @ $95.00) – (.25 @ $38.54) = Deposit Due: $1,549.88 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, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records