HomeMy Public PortalAboutPRR 19-2723
Renee Basel
From:Martin E. O’Boyle <meo@commerce-group.com>
Sent:Friday, May 17, 2019 2:59 PM
To:Rita Taylor; Renee Basel
Subject:Gulf Stream - Records Request - Brannon - Undergrounding Project
Attachments:Check #24563 5.17.2019.pdf
Dear Madam Custodian of Records & Ms. Renee Basel – please see the below records request.
Please promptly advise if you need any clarifications; otherwise, I would appreciate it if the records could be produced
promptly.
In connection with this request, I have sent the $250 Facilitation Fee pursuant to Paragraph #5 of the Settlement
Agreement. Please see a copy of the check that was mailed today.
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 its counsel and the following law
firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.;
Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. and Brannon and Gillespie and Danny Brannon (including,
without limitation, the attorneys, employees and partners of each such law firm or entity.).
As to any records which you choose not to produce any record(s), kindly provide a Log including an explanation (pursuant
to Chapter 119) as to your basis for withholding any such records. Also, to the extent that there are any redactions in any
of the records, we ask that you provide the basis consistent with the request in the prior sentence.
RECORDS REQUEST IS BELOW:
To the Town of Gulf Stream, please provide:
1. All records (as defined in Chapter 119 F.S.) regarding or relating to or emanating from (“Regarding”) the
underground electric project (the “Project”) applicable to the area south of the Gulf Stream Country Club (the
“Area”), including, without limitation, all files, maps, surveys, easements, instruments permits, approvals,
authorizations, directives, agreements, narratives, plans, invoices, records of payments, contracts, work orders,
change orders communications (including, without limitation, text messages, emails, directives, memos, notes
and other writings (electronic or otherwise) “Communications”)) with any party regarding or which relates to
or which emanates from the Project and its scope, including, without limitation, all communications with FPL,
and attorneys, other utility companies (such as phone, gas, water and cable companies) and any contractors, to
the extent that such parties were involved with or contacted in connection with the Project.
2. All Communication sent to or received by persons or entities who own (or owned) real property in Hidden
Harbor Estates (including the properties East of the Hidden Harbour Estates and West of A1A and including
the properties immediately south of Hidden Harbour Drive) (the “HH Owners”), or persons purporting to be
the attorneys, agents or representative(s) of the HH Owners, from January 1, 2013 to the date when the
responsive documents to this request have been fully produced.
I would like to come to your office to personally inspect the responsive records, after which I will advise as to which records
I would like to receive electronically or otherwise.
1
Thank 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
2
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
May 20, 2019
Martin E. O’Boyle [e-mail to: meo@commerce-group.com]
Re: GS #2723 (Brannon – Undergrounding Project)
To the Town of Gulf Stream, please provide:
1. All records (as defined in Chapter 119 F.S.) regarding or relating to or emanating from
(“Regarding”) the underground electric project (the “Project”) applicable to the area south of
the Gulf Stream Country Club (the “Area”), including, without limitation, all files, maps, surveys,
easements, instruments permits, approvals, authorizations, directives, agreements, narratives,
plans, invoices, records of payments, contracts, work orders, change orders communications
(including, without limitation, text messages, emails, directives, memos, notes and other writings
(electronic or otherwise) “Communications”)) with any party regarding or which relates to or
which emanates from the Project and its scope, including, without limitation, all communications
with FPL, and attorneys, other utility companies (such as phone, gas, water and cable companies)
and any contractors, to the extent that such parties were involved with or contacted in connection
with the Project.
2. All Communication sent to or received by persons or entities who own (or owned) real property
in Hidden Harbor Estates (including the properties East of the Hidden Harbour Estates and West
of A1A and including the properties immediately south of Hidden Harbour Drive) (the “HH
Owners”), or persons purporting to be the attorneys, agents or representative(s) of the HH
Owners, from January 1, 2013 to the date when the responsive documents to this request have
been fully produced.
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 its counsel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer,
PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; Johnson Anselmo Murdoch
Burke Piper & Hochman, P.A. and Brannon and Gillespie and Danny Brannon (including,
without limitation, the attorneys, employees and partners of each such law firm or entity.).
As to any records which you choose not to produce any record(s), kindly provide a Log including
an explanation (pursuant to Chapter 119) as to your basis for withholding any such records. Also,
to the extent that there are any redactions in any of the records, we ask that you provide the basis
consistent with the request in the prior sentence.
Dear Martin E. O’Boyle [e-mail to: meo@commerce-group.com]:
Thank you for your Facilitation Fee of $250.00 by check #24563 for the public record request
described above, received by the Town on May 20, 2019. The original request and
correspondence can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/158660/Page1.aspx
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
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
May 31, 2019
Martin E. O’Boyle [e-mail to: meo@commerce-group.com]
Re: GS #2723 (Brannon – Undergrounding Project)
To the Town of Gulf Stream, please provide:
1. All records (as defined in Chapter 119 F.S.) regarding or relating to or emanating from
(“Regarding”) the underground electric project (the “Project”) applicable to the area south of
the Gulf Stream Country Club (the “Area”), including, without limitation, all files, maps, surveys,
easements, instruments permits, approvals, authorizations, directives, agreements, narratives,
plans, invoices, records of payments, contracts, work orders, change orders communications
(including, without limitation, text messages, emails, directives, memos, notes and other writings
(electronic or otherwise) “Communications”)) with any party regarding or which relates to or
which emanates from the Project and its scope, including, without limitation, all communications
with FPL, and attorneys, other utility companies (such as phone, gas, water and cable companies)
and any contractors, to the extent that such parties were involved with or contacted in connection
with the Project.
2. All Communication sent to or received by persons or entities who own (or owned) real property
in Hidden Harbor Estates (including the properties East of the Hidden Harbour Estates and West
of A1A and including the properties immediately south of Hidden Harbour Drive) (the “HH
Owners”), or persons purporting to be the attorneys, agents or representative(s) of the HH
Owners, from January 1, 2013 to the date when the responsive documents to this request have
been fully produced.
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 its counsel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer,
PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; Johnson Anselmo Murdoch
Burke Piper & Hochman, P.A. and Brannon and Gillespie and Danny Brannon (including,
without limitation, the attorneys, employees and partners of each such law firm or entity.).
As to any records which you choose not to produce any record(s), kindly provide a Log including
an explanation (pursuant to Chapter 119) as to your basis for withholding any such records. Also,
to the extent that there are any redactions in any of the records, we ask that you provide the basis
consistent with the request in the prior sentence.
Dear Martin E. O’Boyle [e-mail to: meo@commerce-group.com]:
The original request and correspondence can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/158660/Page1.aspx
Please be advised that due to the scope of records sought, which you stated includes all files, maps,
surveys, easements, instruments, permits, approvals, authorizations, directives, agreements,
narratives, plans, invoices, records of payments, contracts, work orders, change orders, and
communications; and the subject matter of the records, a multimillion dollar undergrounding
project that spans more than five years and covers nearly half of the Town of Gulf Stream,
responding to your request will exceed your $250 deposit, to the extent that you have identified
records with sufficient particularity to allow the Town to provide a good faith response. However,
at this time, the Town does not believe it can fulfill your request with every possible responsive
record, other than to respond in good faith, due to the volume of records potentially responsive to
your request. The Town endeavors to provide you with the records you seek without unnecessarily
charging you for extensive use of information technology resources (charged at $85 per hour) or
extensive clerical or supervisory assistance (currently charged at $42.90 per hour). If you are able
to meaningfully narrow your request to specify the records you seek, it would assist the Town in
providing a more cost effective, timely and thorough response.
The Town notes that many of the records you potentially seek are already available online for your
inspection and copying. If you start by going to www.gulf-stream.org and click on “Find a Town
record,” you can find files by searching by key word. For example, a search for the term
“undergrounding” results in more than 500 separate files displayed on 26 results pages. This
ranges from numerous other public records requests on this topic, updates to the undergrounding
project, an ordinance, and bid solicitation documents; and this is just on the first results page. You
can use other key words to narrow the search topic and familiarize yourself with the Town’s
undergrounding project.
With respect to records you seek that are in the physical custody of the Town, the Town has thus
far identified a number of hard copy files of records located at Town Hall potentially responsive
to your request. These records include records of bid documents, contracts, easements, the straw
poll, drawings, easements, bond validation, assessments, and payments. These records can be
provided to you electronically, in an effort to maximize efficiency and minimize costs. However,
you asked to personally inspect these records, so please note that for inspection of records, the
Town charges for extensive clerical or supervisory assistance incurred at the rate of $42.90 per
hour when applicable, and that many of these records are already posted online if you follow the
above directions. If your request instead seeks copies of these records, please let us know and the
Town will provide access to these records electronically, giving you more time to review them.
With respect to records you seek that are not in the physical custody of the Town, the Town has
identified a number of contractors or entities, whom the Town is trying to coordinate with in an
effort to provide records in response to your request including FPL, AT&T, Comcast, FPU,
Hypower, and Brannon and Gillespie.
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, June 1, 2019 4:35 PM
To:Renee Basel
Cc:Michelle Melicia
Subject:FW: GS #2723 (Brannon - Undergrounding Project)
Attachments:GS #2723 (Brannon - Undergrounding Project)_clarify.pdf
Hi Renee – thank you for your letter (attached). Unfortunately, I don’t know what you are trying to say. So let me try to
clear a few things up using my words. In this connection, I will focus on the 4 paragraphs (by # - top to bottom) on page
2 of the letter.
1.You use the term “good faith”. I found that word curious. No matter, I expect the Town will comply with
Chapter 119, as required by law. That said, if further clarifications are needed, kindly advise and I will respond
promptly.
2.Why don’t you tell me what records you are still seeking; and the sources from which you are seeking them, as it
may be that once I have that information, I could work with you to narrow the request.
3.I would like to come in and view the records unless you would find it easier (and provided that there would be
no additional cost incurred on this end) to send them to me electronically. If you prefer that mechanism, I’m
good with it, subject to the logistics. Just let me know. As far as the items “on line”. My retrieving on line
records from you is just not feasible, since access is limited at best.
4.When you say the records will “far exceed” the $250, I’m not sure what that means or the basis for such a
statement. Perhaps you can share.
5.Most importantly, since seeing through the noise in your letter is difficult, I ask you when I could expect a full
production; and, to alert me regarding the partial production (its content, the source of the content, etc.) and
when and how I could receive.
Thank you. Incidentally, do you use drop boxes?
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 31, 2019 4:03 PM
To: Martin E. O’Boyle <meo@commerce-group.com>
Subject: GS #2723 (Brannon - Undergrounding Project)
1
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
July 9, 2019
Martin E. O’Boyle [e-mail to: meo@commerce-group.com]
Re: GS #2723 (Brannon – Undergrounding Project)
To the Town of Gulf Stream, please provide:
1. All records (as defined in Chapter 119 F.S.) regarding or relating to or emanating from
(“Regarding”) the underground electric project (the “Project”) applicable to the area south of
the Gulf Stream Country Club (the “Area”), including, without limitation, all files, maps, surveys,
easements, instruments permits, approvals, authorizations, directives, agreements, narratives,
plans, invoices, records of payments, contracts, work orders, change orders communications
(including, without limitation, text messages, emails, directives, memos, notes and other writings
(electronic or otherwise) “Communications”)) with any party regarding or which relates to or
which emanates from the Project and its scope, including, without limitation, all communications
with FPL, and attorneys, other utility companies (such as phone, gas, water and cable companies)
and any contractors, to the extent that such parties were involved with or contacted in connection
with the Project.
2. All Communication sent to or received by persons or entities who own (or owned) real property
in Hidden Harbor Estates (including the properties East of the Hidden Harbour Estates and West
of A1A and including the properties immediately south of Hidden Harbour Drive) (the “HH
Owners”), or persons purporting to be the attorneys, agents or representative(s) of the HH
Owners, from January 1, 2013 to the date when the responsive documents to this request have
been fully produced.
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 its counsel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer,
PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; Johnson Anselmo Murdoch
Burke Piper & Hochman, P.A. and Brannon and Gillespie and Danny Brannon (including,
without limitation, the attorneys, employees and partners of each such law firm or entity.).
As to any records which you choose not to produce any record(s), kindly provide a Log including
an explanation (pursuant to Chapter 119) as to your basis for withholding any such records. Also,
to the extent that there are any redactions in any of the records, we ask that you provide the basis
consistent with the request in the prior sentence.
Dear Martin E. O’Boyle [e-mail to: meo@commerce-group.com]:
The original request and correspondence can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/158660/Page1.aspx
Due to the scope of their work, the Town has contacted Hypower Inc., the Town’s contractor
responsible for all the materials, equipment, and labor associated with Phase I of the Town’s
Undergrounding Project; and Brannon and Gillespie, the Town’s consulting engineers responsible
for project management and engineering support services for Phase I of the Town’s
Undergrounding Project, for their entire files relative to Phase I of the Town’s Undergrounding
Project. The Town believes this will put it in the best position to be able to fulfill your extremely
broad request for “all files, maps, surveys, easements, instruments, permits, approvals,
authorizations, directives, agreements, narratives, plans, invoices, records of payments, contracts,
work orders, change orders, and communications” regarding a multimillion dollar undergrounding
project that spans more than five years and covers nearly half the Town of Gulf Stream. At this
time, the Town does not believe it can fulfill your request with every possible responsive record
other than to respond in good faith, due to the volume of records potentially responsive to your
request. Your public records request has not identified the records with sufficient specificity to
permit the Town to identify the records sought. The Town previously stated that if you would
narrow your request, it would assist the Town in providing a more cost effective, timely, and
thorough response, but at this time you continue to seek all records concerning to a multiyear,
multimillion dollar project.
At this time, Brannon and Gillespie have provided the Town with their entire file regarding Phase
1 of the Undergrounding Project, which hard copy files are available for inspection at Town Hall
during normal business hours, Monday through Friday 9 a.m. thru 4 p.m. This is in addition to the
Town’s hard copy files, which includes records of bid documents, contracts, easements, the straw
poll, drawings, easements, bond validation, assessments, and payments. The Town is in the
process of reviewing Brannon and Gillespie’s electronic files and will update you with an
appropriate response.
Hypower is in the process of providing the Town with its records, and have advised that they are
available in electronic format only. Upon the Town’s receipt of the records, the Town will update
you with an appropriate response.
The law firm of Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. have responded that
they are defending a lawsuit brought by you, which may include records you are seeking.
However, they have advised the Town that their entire claims file is confidential and exempt
pursuant to Florida Statutes § 768.28 (16) (b).
Please review the thousands of pages of records readily accessible for your review on the Town’s
website using the search feature as suggested in our earlier letter, and come by Town Hall to inspect
the records the Town has ready for your inspection. This way, the Town can work with you in
identifying what additional records, if any, your public records request seeks.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
September 4, 2019
Martin E. O’Boyle [e-mail to: meo@commerce-group.com]
Re: GS #2723 (Brannon – Undergrounding Project)
To the Town of Gulf Stream, please provide:
1. All records (as defined in Chapter 119 F.S.) regarding or relating to or emanating from
(“Regarding”) the underground electric project (the “Project”) applicable to the area south of
the Gulf Stream Country Club (the “Area”), including, without limitation, all files, maps, surveys,
easements, instruments permits, approvals, authorizations, directives, agreements, narratives,
plans, invoices, records of payments, contracts, work orders, change orders communications
(including, without limitation, text messages, emails, directives, memos, notes and other writings
(electronic or otherwise) “Communications”)) with any party regarding or which relates to or
which emanates from the Project and its scope, including, without limitation, all communications
with FPL, and attorneys, other utility companies (such as phone, gas, water and cable companies)
and any contractors, to the extent that such parties were involved with or contacted in connection
with the Project.
2. All Communication sent to or received by persons or entities who own (or owned) real property
in Hidden Harbor Estates (including the properties East of the Hidden Harbour Estates and West
of A1A and including the properties immediately south of Hidden Harbour Drive) (the “HH
Owners”), or persons purporting to be the attorneys, agents or representative(s) of the HH
Owners, from January 1, 2013 to the date when the responsive documents to this request have
been fully produced.
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 its counsel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer,
PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; Johnson Anselmo Murdoch
Burke Piper & Hochman, P.A. and Brannon and Gillespie and Danny Brannon (including,
without limitation, the attorneys, employees and partners of each such law firm or entity.).
As to any records which you choose not to produce any record(s), kindly provide a Log including
an explanation (pursuant to Chapter 119) as to your basis for withholding any such records. Also,
to the extent that there are any redactions in any of the records, we ask that you provide the basis
consistent with the request in the prior sentence.
Dear Martin E. O’Boyle [e-mail to: meo@commerce-group.com]:
The original request and correspondence can be found by going to the Town’s website at
www.gulf-stream.org, click on Find a Town Record, click the Public Records Requests folder,
click the 2019 folder, click the Public Records Requests 2019 folder and then click the PRR 19-
2723 folder.
The Town has reviewed, and redacted if necessary, a portion of Brannon and Gillespie’s electronic
files and they can be found in the PRR 19-2723 folder. This initial production of records is covered
by your $250 deposit, which was 5.83 hours of administrative support at $42.90 per hour
($250.11).
We received Hypower’s electronic records on August 27, 2019. To fully respond to your request
will now require approximately an additional four hours of administrative support at $42.90 per
hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d).
(Four hours @ $42.90 = $179.00) Deposit Due: $179.00 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 <meo@commerce-group.com>
Sent:Wednesday, September 4, 2019 6:51 PM
To:Renee Basel
Cc:Michelle Melicia
Subject:FW: GS #2723 (Brannon - Undergrounding Project)
Attachments:GS #2723 (Brannon - Undergrounding Project)_prod.est.pdf
When a-thank you for your email below and the attached letter dated September 4, 2019.
Would you be kind enough to explain to me how the 5.83 hours of administrative support was spent. Also, please
explain to me why there will be another 4 hours necessary, since you have already received the records.
Upon your prompt receipt of the inquiries in the preceding paragraph, I will make a decision as to whether to pay the
money or file suit.
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: Wednesday, September 4, 2019 4:16 PM
To: Marty O'Boyle <meo@commerce-group.com>
Subject: GS #2723 (Brannon - Undergrounding Project)
Good afternoon, Mr. O’Boyle:
See attached correspondence.
Kind regards,
Reneé Rowan Basel
Assistant Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream FL 33483
561.276.5116
1
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.
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 5, 2019
Martin E. O’Boyle [e-mail to: meo@commerce-group.com]
Re: GS #2723 (Brannon – Undergrounding Project)
To the Town of Gulf Stream, please provide:
1. All records (as defined in Chapter 119 F.S.) regarding or relating to or emanating from
(“Regarding”) the underground electric project (the “Project”) applicable to the area south of
the Gulf Stream Country Club (the “Area”), including, without limitation, all files, maps, surveys,
easements, instruments permits, approvals, authorizations, directives, agreements, narratives,
plans, invoices, records of payments, contracts, work orders, change orders communications
(including, without limitation, text messages, emails, directives, memos, notes and other writings
(electronic or otherwise) “Communications”)) with any party regarding or which relates to or
which emanates from the Project and its scope, including, without limitation, all communications
with FPL, and attorneys, other utility companies (such as phone, gas, water and cable companies)
and any contractors, to the extent that such parties were involved with or contacted in connection
with the Project.
2. All Communication sent to or received by persons or entities who own (or owned) real property
in Hidden Harbor Estates (including the properties East of the Hidden Harbour Estates and West
of A1A and including the properties immediately south of Hidden Harbour Drive) (the “HH
Owners”), or persons purporting to be the attorneys, agents or representative(s) of the HH
Owners, from January 1, 2013 to the date when the responsive documents to this request have
been fully produced.
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 its counsel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer,
PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; Johnson Anselmo Murdoch
Burke Piper & Hochman, P.A. and Brannon and Gillespie and Danny Brannon (including,
without limitation, the attorneys, employees and partners of each such law firm or entity.).
As to any records which you choose not to produce any record(s), kindly provide a Log including
an explanation (pursuant to Chapter 119) as to your basis for withholding any such records. Also,
to the extent that there are any redactions in any of the records, we ask that you provide the basis
consistent with the request in the prior sentence.
Dear Martin E. O’Boyle [e-mail to: meo@commerce-group.com]:
The original request and correspondence can be found by going to the Town’s website at
www.gulf-stream.org, click on Find a Town Record, click the Public Records Requests folder,
click the 2019 folder, click the Public Records Requests 2019 folder and then click the PRR 19-
2723 folder.
The Town received your most recent correspondence dated September 4, 2019. In providing you
with records to inspect, the Town spent 5.83 hours of clerical or supervisory assistance pursuant
to FS 119.07(4), which the Town referred to as “administrative support.” This time consisted of
reviewing a portion of the voluminous files provided by Brannon and Gillespie for exempt and
confidential information. The Town’s duty to protect confidential and exempt information
precedes its duty to provide access to records. Florida Agency for Health Care Admin. v.
Zuckerman Spaeder, LLP, 221 So. 3d 1260, 1264 (Fla. 1st DCA 2017). In an abundance of
caution, the Town did not claim any of the more than 3,000 reviewed files as containing
confidential or exempt information.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records