HomeMy Public PortalAboutPRR 18-2636
Renee Basel
From:Martin E. O’Boyle <meo@commerce-group.com>
Sent:Sunday, March 18, 2018 10:55 AM
To:Rita Taylor
Cc:Michelle Melicia; Brenda Russell
Subject:This is a request for records pursuant to Chapter 119 of the Florida statutes
Dear Madam Custodian of Records:
Please provide all records which mentions the name "O’Boyle”, for the period beginning January 1, 2017,
through the date of this request.
Note: this email was prepared using Dragon dictation software. As a result, there may be errors in the content.
If that is the case, I urge you to call or write for clarification. Additionally, I offer my sincerest apologies. My
intent here is to avoid any miscommunications. Thank you
Martin E. O'Boyle,
Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561 213 3486
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
1
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 21, 2018
Martin E. O’Boyle [e-mail to: meo@commerce-group.com]
Re: GS #2636 (O’Boyle Records)
Please provide all records which mentions the name "O’Boyle”, for the period beginning January
1, 2017, through the date of this request.
Dear Martin E. O’Boyle [e-mail to: meo@commerce-group.com]:
The Town of Gulf Stream has received your public records request dated March 18, 2018. The
original public records request can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/117937/Page1.aspx
Your request seeks “all records which mentions the name "O’Boyle”, for the period beginning
January 1, 2017 through the date of this request”. The Town would like to request clarification
on the records you seek before determining whether to provide you with an estimate for the
extensive use of information technology resources or extensive clerical or supervisory assistance
as described in Fla. Stat. § 119.07(4)(d).
We do not understand your request to seek any particular records as you have failed to
sufficiently identify the records that you seek with sufficient particularity to enable the Town to
provide a good faith response. The Town requests you clarify the records you are seeking and
we will endeavor to respond appropriately.
If the Town does not receive clarification 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:Martin E. O’Boyle <meo@commerce-group.com>
Sent:Tuesday, April 10, 2018 2:13 PM
To:Renee Basel
Cc:Michelle Melicia; Brenda Russell
Subject:FW: GS #2635 and #2636 - Gulf Stream - Records Request
Attachments:GS #2635 (Cacioppo or SERPENTINE)_prod.clarify.pdf; GS #2636 (O'Boyle
Records)_prod.clarify.pdf
Hi Renee – I just saw this today. Going forward, if you could try to remember to cc Brenda and Michelle (see email
addresses above), that would be helpful.
Cacioppo” and
As to 2635, all I want is for you to search the Town’s server for the applicable period for the word
(separately) for the word “SERPENTINE. Also, please provide same from Police Dept records. This should
take but moments.
O’Boyle. Also,
As to 2636, all I want is for you to search the Town’s server for the applicable period for the word
please provide same from Police Dept records. This should take but moments.
Kindly let me know if you need any further clarifications. Renee, without being critical, the two attached letters were
“somewhat lame”!
Note: this email was prepared using Dragon dictation software. As a result, there may be errors in the
content. If that is the case, I urge you to call or write for clarification. Additionally, I offer my sincerest
apologies. My intent here is to avoid any miscommunications. Thank you
Martin E. O'Boyle,
Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561 213 3486
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
From: Renee Basel <RBasel@gulf-stream.org>
Sent: Wednesday, March 21, 2018 8:55 AM
To: Martin E. O’Boyle <meo@commerce-group.com>
Subject: GS #2635 and #2636
Good morning, Mr. O’Boyle:
See attached correspondence.
Sincerely,
1
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
Renee Basel
From:Martin E. O’Boyle <meo@commerce-group.com>
Sent:Tuesday, May 22, 2018 7:01 AM
To:Renee Basel; Rita Taylor
Cc:Michelle Melicia; Brenda Russell
Subject:FW: GS #2635 and #2636 - Gulf Stream - Records Request
Attachments:GS #2635 (Cacioppo or SERPENTINE)_prod.clarify.pdf; GS #2636 (O'Boyle
Records)_prod.clarify.pdf
Dear Ms. Custodian of Records & Dear Ms. Basel:
I make reference to the captioned records requests; the attachments; and the below emails.
Ample time has passed for the requests to be fulfilled. If no responsive records exist, kindly advise. If they do, kindly
provide.
With the above as a backdrop, please allow this correspondence to serve as formal notice (pursuant to Ch. 119.12(1)(b)
Notice) that if we do not receive a response to the two captioned Records Requests within five (5) business days I will
institute a formal legal action against you.
Note: This email was prepared using dictation software. As a result, there may be errors in the
content and thus the content may not be relied upon. If you wish clarification, please call or write
requesting the same. Thank you.
Martin E. O'Boyle,
Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561-383-1221
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
From: Martin E. O’Boyle
Sent: Tuesday, April 10, 2018 2:13 PM
To: 'rbasel@gulf-stream.org' <rbasel@gulf-stream.org>
Cc: 'Michelle Melicia (mmelicia@commerce-group.com)' <mmelicia@commerce-group.com>; Brenda Russell
<brussell@commerce-group.com>
Subject: FW: GS #2635 and #2636 - Gulf Stream - Records Request
Hi Renee – I just saw this today. Going forward, if you could try to remember to cc Brenda and Michelle (see email
addresses above), that would be helpful.
Cacioppo” and
As to 2635, all I want is for you to search the Town’s server for the applicable period for the word
(separately) for the word “SERPENTINE. Also, please provide same from Police Dept records. This should
take but moments.
1
O’Boyle. Also,
As to 2636, all I want is for you to search the Town’s server for the applicable period for the word
please provide same from Police Dept records. This should take but moments.
Kindly let me know if you need any further clarifications. Renee, without being critical, the two attached letters were
“somewhat lame”!
Note: this email was prepared using Dragon dictation software. As a result, there may be errors in the
content. If that is the case, I urge you to call or write for clarification. Additionally, I offer my sincerest
apologies. My intent here is to avoid any miscommunications. Thank you
Martin E. O'Boyle,
Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561 213 3486
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
From: Renee Basel <RBasel@gulf-stream.org>
Sent: Wednesday, March 21, 2018 8:55 AM
To: Martin E. O’Boyle <meo@commerce-group.com>
Subject: GS #2635 and #2636
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
May 25, 2018
Martin E. O’Boyle [e-mail to: meo@commerce-group.com]
Re: GS #2636 (O’Boyle Records)
Please provide all records which mentions the name "O’Boyle”, for the period beginning January
1, 2017, through the date of this request.
Dear Martin E. O’Boyle [e-mail to: meo@commerce-group.com]:
The Town of Gulf Stream has received your public records request dated March 18, 2018, to which
we responded on March 21, 2018 with a request for clarification.
A copy of your public records request and the Town’s response can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/117937/Page1.aspx
The Town notes that we requested that you clarify the records you were seeking in a letter dated
March 21, 2018, to which you responded on April 10, 2018, without any clear indication of the
records you were seeking.
Your most recent correspondence dated May 22, 2018, provided the Town with notice of your
public records request pursuant to Fla. Stat. § 119.12(1)(b), and further informed the Town of
your intent to “institute a formal legal action” if you do not receive a response before five
business days have elapsed, which would be May 30, 2018.
As a courtes y, the Town directs you to Fla. Stat. § 119.12(3), which may result in the Town being
awarded fees against you for such a lawsuit even if you prevail, and requests that we work together
to avoid litigation. It is the Town’s intent to provide you with the records you seek in a reasonable
amount of time, after payment of any lawful fees, if applicable.
Based on your April 10, 2018 letter and your threat of litigati on in your May 22, 2018 letter, the
Town in good faith assumes the records you seek are searchable electronic records located on the
Town’s servers. This is based on the language of your April 10, 2018 letter, which stated as
follows:
As to 2636, all I want is for you to search the Town’s sever for the applicable period
for the word O’Boyle. Also, please provide same from Police Dept records.
Based on this interpretation, the Town estimates that to fully respond to your request will require
approximately one hour of extensive use of information technology resources at $75.00 per hour,
and four hours of staff attorney time at $68.74 per hour, the labor cost of the personnel providing
the service, per Fla. Stat. § 119.07(4)(d).
(One hour @ $75.00 = 75.00) + (Four hours @ $68.74 = $274.96) = Deposit Due: $349.96 in
cash or check.
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.
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:Martin E. O’Boyle <meo@commerce-group.com>
Sent:Saturday, May 26, 2018 7:08 AM
To:Renee Basel; Rita Taylor
Cc:Michelle Melicia
Subject:FW: GS #2636 (O'Boyle Records)
Attachments:GS #2636 (O'Boyle Records)_prod.est.pdf
Dear with a:
I have addressed this email to both you and Ms. Taylor as the “Custodian of “Records” as you have clearly identified her
as such in your letter of May 25, 2018, a copy of which is attached for convenience.
So that it is clear, the recent 5 day notification was sent in an effort to obtain the records requested 3 months ago. You
must admit, that 3 months is a rather lengthy period of time to wait for such a simple request. I assume, had I not sent
the 5 day notice, that the records would never have been forthcoming.
Going forward, in order to avoid my sending an unpleasant five-day notice; Annand to avoid your receiving an
unpleasant five-day notice, the solution, seems to me to be easy: "respond to the records request timely". Simple! :-)
You make it a point of stating (quite unnecessarily) that my most recent email included a “threat of litigation”. That was
not the intent. The intent was merely a desperate effort to obtain records which should have taken a few hours or a few
days, not 3 months. The solution for avoiding such unpleasant events is set forth in the above paragraph.
I will make arrangements to send you the deposit as required by the statute. In that connection, I would ask that you
kindly review the statute and the common-law so that you may determine the proper amount of the deposit, which,
according to what I know, is improperly set forth in the attached communication. I await your prompt response
requesting a revised deposit.
In reviewing your estimated time to fulfill the request, along with the estimated cost to fulfill the request, it seems to me
that the amount of time necessary and the requested costs are "over-the-top". Having said that, I will go along with your
program, however, I intend to "cut the cards" as applies to the ultimate billing. In other words, let's make sure that the
ultimate billing is consistent with the statute and common law; and, to avoid any further "needless communications"
please provide me with "chapter and verse" as to how the costs were assessed, e.g.: backup, including timesheets, etc.
In connection with the estimate of the time, when revising your request for the deposit, which, I assume you will do so
that it is consistent with the law, please provide me with advice as to the estimate and "how you got there".
Upon your receipt of the deposit, we reiterate the 5 day notification. In the same light, if we do not receive the advice
requested regarding the revised deposit by the close of business on May 31, 2018, please accept this communication as
a reiteration of the 5 day notification. To be clear, we intend to institute suit at the expiration of either of the reiterated
5 day notices, if the records are not produced at that time. You had plenty of time to fulfill the request. The delays are
unconscionable.
Reneé, please do not take this email as a personal affront towards you, as I look at you fondly. However "enough is
enough".
PS: it would help us both if you could do the following for me:
1
1. Explain why this request has not been fulfilled to date; and wide has been ignored for so long.
2. Explain the last sentence of your letter wherein you state: “If we do not hear back from you within 30 days of this
letter, we will consider this request closed." I see that frequently; and. I don't know what that means. For clarity, please
tell me. Does it mean that the request will be denied? If the answer is yes, please provide your legal basis therefor. If
the answer is no, please tell me what it does mean. My intention, of course, is to cooperate with the town. Evidence of
that can be seen by waiting 3 months for this ever so simple request to be fulfilled.
Thank you. I hope you had a wonderful and relaxing Memorial Day weekend! :-)
Note: This email was prepared using dictation software. As a result, there may be errors in the
content and thus the content may not be relied upon. If you wish clarification, please call or write
requesting the same. Thank you.
Martin E. O'Boyle,
Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561-383-1221
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
From: Renee Basel <RBasel@gulf-stream.org>
Sent: Friday, May 25, 2018 4:14 PM
To: Martin E. O’Boyle <meo@commerce-group.com>
Subject: GS #2636 (O'Boyle Records)
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
3
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 1, 2018
Martin E. O’Boyle [e-mail to: meo@commerce-group.com]
Re: GS #2636 (O’Boyle Records)
March 18, 2018 e-mail:
Please provide all records which mentions the name "O’Boyle”, for the period beginning January
1, 2017, through the date of this request.
April 10, 2018 e-mail:
As to 2636, all I want is for you to search the Town’s server for the applicable period for the
word O’Boyle. Also, please provide same from Police Dept records. This should take but
moments.
May 26, 2018 follow-up clarification e-mail:
I will make arrangements to send you the deposit as required by the statute. In that connection, I
would ask that you kindly review the statute and the common-law so that you may determine the
proper amount of the deposit, which, according to what I know, is improperly set forth in the
attached communication.
Please provide me with “chapter and verse” as to how the costs were assessed, e.g. backup,
including timesheets, etc.”
Dear Martin E. O’Boyle [e-mail to: meo@commerce-group.com]:
Thank you for your follow up e-mail. The Town sent you a request for a deposit to cover one
hour of extensive use of information technology resources and four hours of staff attorney time.
A copy of your public records request can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/117937/Page1.aspx
The estimate provided is a lawful estimate under Florida Law. First, the Town will utilize the
extensive use of information technology resources to identify responsive records. “Information
technology resources” is defined as data processing hardware and software and services,
communications, supplies, personnel, facility resources, maintenance and training. Section
119.011(9), F.S.
The fact that the request involves the use of information technology resources is not sufficient to
incur the imposition of the special service charge; rather, extensive use of such resources is
required. AGOs 13-03 and 99-41.
Florida courts have approved a local government’s formula for calculating its special service
charge based on a determination that it would take more than 15 minutes to locate, review for
confidential information, copy, and refile the requested material. See Florida Institutional Legal
Services, Inc. v. Florida Department of Corrections, 579 So. 2d 267 (Fla. 1st DCA 1991), review
denied, 592 So. 2d 680 (Fla. 1991) (court upheld hearing officer’s order rejecting inmates’
challenge to Department of Correction’s rule defining “extensive” for purposes of special service
charge to mean it would take more than 15 minutes to locate, review, copy, and refile requested
material) AGO 2013-03.
An agency is not ordinarily authorized to charge for the cost to review records for statutorily
exempt material. AGO 84-81. However, the special service charge may be imposed for this work
if the volume of records and the number of potential exemptions make review and redaction of
the records a time-consuming task. See Florida Institutional Legal Services v. Florida
Department of Corrections, 579 So. 2d at 269. And see Herskovitz v. Leon County, No. 98-22
(Fla. 2d Cir. Ct. June 9, 1998), noting that “it would not be unreasonable in these types of cases
[involving many documents and several different exemptions] to charge a reasonable special fee
for the supervisory personnel necessary to properly review the materials for possible application
of exemptions.” In State v. Gudinas, No. CR 94-7132 (Fla 9th Cir. Ct. June 1, 1999), the circuit
judge approved a rate based on an agency attorney’s salary when the attorney was required to
review exempt material in a voluminous criminal case file. The court noted that “only an
attorney or paralegal” could responsibly perform this type of review because of the “complexity
of the records reviewed, the various public record exemptions and possible prohibitions, and the
necessary discretionary decisions to be made with respect to potential exemptions . . . .”
The records you seek cover a 15 month period, and because they are only identified as
searchable electronic records that contain the word “O’Boyle,” they will include records relating
to: you, the Plaintiff in many lawsuits against the Town; the O’Boyle Law Firm, a law firm that
has filed numerous lawsuits against the Town; and your son Jonathan O’Boyle, a lawyer who has
participated in numerous lawsuits against the Town. Although the majority of these cases date
back to 2014, many remain pending at this time. As such, records responsive to your request are
voluminous, requiring the use of information technology resources; and relate to ongoing
litigation, necessitating a review for exemptions. Therefore, providing you with all public
records responsive to your request will require extensive use of information technology resources
or extensive clerical or supervisory assistance by personnel of the agency involved, or both,
pursuant to 119.07(4)(d).
Additionally, there are no timesheets or worksheets responsive to your request for how the
estimate was determined. The cost estimate was only an estimate, provided in accordance with
Florida Law as described above.
As previously communicated to you, the Town estimates that to fully respond to your request
will require approximately one hour of extensive use of information technology resources at
$75.00 per hour, and four hours of staff attorney time at $68.74 per hour, the labor cost of the
personnel providing the service, per Fla. Stat. § 119.07(4)(d).
(One hour @ $75.00 = 75.00) + (Four hours @ $68.74 = $274.96) = Deposit Due: $349.96 in
cash or check.
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.
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:Martin E. O’Boyle <meo@commerce-group.com>
Sent:Monday, June 18, 2018 1:11 PM
To:Renee Basel
Cc:Michelle Melicia
Subject:FW: GS #2636 (O'Boyle Records)
Attachments:GS #2636 (O'Boyle Records)_prod.est2.pdf
Hi Renee - I hope this email find you well. I hope you enjoy the weekend.
In connection with the below (which I point out was sent to you 3 weeks ago), I do not see where I have yet received a
response. Certainly, the town has had ample time to respond. That aside, I await your response. If I did not receive an
adequate response by the close of business on Friday, June 22, 2018, I will send the applicable five-day notice. Renee,
please do not consider the 5 day notice as a threat, since it is an. It is a statutory requirement that people seeking public
records give to governments when they don't do what they are supposed to.
I'm sure you understand. I only wish the town would stop playing "hide the ball" and "delay, delay, delay" and be
forthright and prompt when it comes to records request.
Note: This email was prepared using dictation software. As a result, there may be errors in the
content and thus the content may not be relied upon. If you wish clarification, please call or write
requesting the same. Thank you.
Martin E. O'Boyle,
Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561-383-1221
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
From: Martin E. O’Boyle
Sent: Friday, June 1, 2018 2:25 PM
To: 'Renee Basel' <rbasel@gulf-stream.org>
Cc: 'Michelle Melicia (mmelicia@commerce-group.com)' <mmelicia@commerce-group.com>
Subject: FW: GS #2636 (O'Boyle Records)
Renee – your extensive knowledge and recitation of the Law, as in your communication to me of June 1, 2018 (a copy of
which is attached so that it is handy) is impressive! WOW
The above aside, the below two paragraphs caught my attention. Please see my annotations highlighted. Your prompt
response is appreciated., as this has one on much to lo
The estimate provided is a lawful estimate under Florida Law. \[Please provide recitation\] First, the Town
will utilize the extensive use of information technology resources to identify responsive records. \[I’m not
grasping. Please educate me – explain. Thank you! \] “Information technology resources” is defined as
1
data processing hardware and software and services, communications, supplies, personnel, facility
resources, maintenance and training. Section
119.011(9), F.S.
2
The fact that the request involves the use of information technology resources is not sufficient to incur the
imposition of the special service charge; rather, extensive use of such resources is required. \[How, by whom
and why; and on what basis was the estimate derived? I just don’t get it, but I’m sure that you will educate
me, for which I express my appreciation in advance\] AGOs 13-03 and 99-41.
Note: This email was prepared using dictation software. As a result, there may be errors in the
content and thus the content may not be relied upon. If you wish clarification, please call or write
requesting the same. Thank you.
Martin E. O'Boyle,
Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561-383-1221
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
From: Renee Basel <RBasel@gulf-stream.org>
Sent: Friday, June 1, 2018 2:01 PM
To: Martin E. O’Boyle <meo@commerce-group.com>
Subject: GS #2636 (O'Boyle Records)
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.
3
Renee Basel
From:Martin E. O’Boyle <meo@commerce-group.com>
Sent:Monday, July 9, 2018 9:44 AM
To:Rita Taylor; Renee Basel
Cc:Michelle Melicia
Subject:FW: GS #2636 (O'Boyle Records) - O'Boyle
Attachments:GS #2636 (O'Boyle Records)_prod.est.pdf
Dear Madam. custodian of records and Ms. Basel:
rd
In connection with this email, I point you to the email that I sent you below in May 2026. We are now in our 3 calendar
month and I have not had the courtesy of a response. I can only think that my below email was misplaced or it is being
purposely avoided. I would like to think the former. I assume we will find out after your receipt of this email, which I
would kindly ask you to acknowledge.
I think we can all agree that 3 calendar months is a bit "over-the-top" for the town to respond. Accordingly, a prompt
response would be appreciated.
If I do not received a prompt response (and Ms. basil-please do not consider this a threat), but I will use all available
legal remedies to enforce my position, as applicable. Quite frankly, I am sick and tired of the town continuously playing
"delayed" and "hide the above". I'm sure that you understand my frustration in this regard.
I thank you for your kind cooperation in advance. :-)
Note: This email was prepared using dictation software. As a result, there may be errors in the
content and thus the content may not be relied upon. If you wish clarification, please call or write
requesting the same. Thank you.
Martin E. O'Boyle,
Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561-383-1221
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
From: Martin E. O’Boyle
Sent: Saturday, May 26, 2018 7:08 AM
To: 'rbasel@gulf-stream.org' <rbasel@gulf-stream.org>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>
Cc: 'Michelle Melicia (mmelicia@commerce-group.com)' <mmelicia@commerce-group.com>
Subject: FW: GS #2636 (O'Boyle Records)
Dear with a:
I have addressed this email to both you and Ms. Taylor as the “Custodian of “Records” as you have clearly identified her
as such in your letter of May 25, 2018, a copy of which is attached for convenience.
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So that it is clear, the recent 5 day notification was sent in an effort to obtain the records requested 3 months ago. You
must admit, that 3 months is a rather lengthy period of time to wait for such a simple request. I assume, had I not sent
the 5 day notice, that the records would never have been forthcoming.
Going forward, in order to avoid my sending an unpleasant five-day notice; Annand to avoid your receiving an
unpleasant five-day notice, the solution, seems to me to be easy: "respond to the records request timely". Simple! :-)
You make it a point of stating (quite unnecessarily) that my most recent email included a “threat of litigation”. That was
not the intent. The intent was merely a desperate effort to obtain records which should have taken a few hours or a few
days, not 3 months. The solution for avoiding such unpleasant events is set forth in the above paragraph.
I will make arrangements to send you the deposit as required by the statute. In that connection, I would ask that you
kindly review the statute and the common-law so that you may determine the proper amount of the deposit, which,
according to what I know, is improperly set forth in the attached communication. I await your prompt response
requesting a revised deposit.
In reviewing your estimated time to fulfill the request, along with the estimated cost to fulfill the request, it seems to me
that the amount of time necessary and the requested costs are "over-the-top". Having said that, I will go along with your
program, however, I intend to "cut the cards" as applies to the ultimate billing. In other words, let's make sure that the
ultimate billing is consistent with the statute and common law; and, to avoid any further "needless communications"
please provide me with "chapter and verse" as to how the costs were assessed, e.g.: backup, including timesheets, etc.
In connection with the estimate of the time, when revising your request for the deposit, which, I assume you will do so
that it is consistent with the law, please provide me with advice as to the estimate and "how you got there".
Upon your receipt of the deposit, we reiterate the 5 day notification. In the same light, if we do not receive the advice
requested regarding the revised deposit by the close of business on May 31, 2018, please accept this communication as
a reiteration of the 5 day notification. To be clear, we intend to institute suit at the expiration of either of the reiterated
5 day notices, if the records are not produced at that time. You had plenty of time to fulfill the request. The delays are
unconscionable.
Reneé, please do not take this email as a personal affront towards you, as I look at you fondly. However "enough is
enough".
PS: it would help us both if you could do the following for me:
1. Explain why this request has not been fulfilled to date; and wide has been ignored for so long.
2. Explain the last sentence of your letter wherein you state: “If we do not hear back from you within 30 days of this
letter, we will consider this request closed." I see that frequently; and. I don't know what that means. For clarity, please
tell me. Does it mean that the request will be denied? If the answer is yes, please provide your legal basis therefor. If
the answer is no, please tell me what it does mean. My intention, of course, is to cooperate with the town. Evidence of
that can be seen by waiting 3 months for this ever so simple request to be fulfilled.
Thank you. I hope you had a wonderful and relaxing Memorial Day weekend! :-)
Note: This email was prepared using dictation software. As a result, there may be errors in the
content and thus the content may not be relied upon. If you wish clarification, please call or write
requesting the same. Thank you.
Martin E. O'Boyle,
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Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561-383-1221
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
From: Renee Basel <RBasel@gulf-stream.org>
Sent: Friday, May 25, 2018 4:14 PM
To: Martin E. O’Boyle <meo@commerce-group.com>
Subject: GS #2636 (O'Boyle Records)
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.
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