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HomeMy Public PortalAboutPRR 19-2730 Renee Basel From:Marty O'Boyle <meo@commerce-group.com> Sent:Thursday, June 20, 2019 6:55 AM To:Greg Dunham; Rita Taylor Cc:Renee Basel; Michelle Melicia Subject:Accounting - Chapter 119 Records Requests - Martin O'Boyle Dear Custodian of Records (Ms. Taylor) and the Town manager (Greg Dunham): I write this email to request an accounting of the substantial sums of money that I have paid to the Town in connection with the various requests made by me pursuant to Chapter 119 of the Florida Statutes. In that connection, I have asked Renee Basel innumerable times to provide me with an accounting for the $$$ paid to the Town. I would ask you kindly confirm or the veracity of the preceding sentence with Ms. Basel. To be clear, each request for an accounting was greeted with a refusal to respond. I am now at the point where I insist on receiving the accounting, as requested. In that connection, if you feel you need any clarification as to what I am asking for, please contact me. I am making this one last request. If the Town does not provide the requested accounting; or provide me with a response that you will (within a reasonable period of time) provide the accounting by the close of business tomorrow, I will (with great reluctance) proceed to file suit and ask the Court to order the Town to do so. In closing, I urge the Town to not make me pursue such an unnecessary path, when either of the two of you could easily provide me with that which is requested without fuss. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com 1 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 21, 2019 Martin E. O’Boyle [meo@commerce-group.com] Re: GS #2730 (Substantial sums of money) I write this email to request an accounting of the substantial sums of money that I have paid to the Town in connection with the various requests made by me pursuant to Chapter 119 of the Florida Statutes. In that connection, I have asked Renee Basel innumerable times to provide me with an accounting for the $$$ paid to the Town. I would ask you kindly confirm or the veracity of the preceding sentence with Ms. Basel. To be clear, each request for an accounting was greeted with a refusal to respond. I am now at the point where I insist on receiving the accounting, as requested. In that connection, if you feel you need any clarification as to what I am asking for, please contact me. I am making this one last request. If the Town does not provide the requested accounting; or provide me with a response that you will (within a reasonable period of time) provide the accounting by the close of business tomorrow, I will (with great reluctance) proceed to file suit and ask the Court to order the Town to do so. Dear Martin E. O’Boyle [meo@commerce-group.com]: The Town of Gulf Stream has received your public records request dated June 20, 2019. You should be able to view your original request at the following link: http://www2.gulf-stream.org/weblink/0/doc/158945/Page1.aspx Your request asks for an “accounting of the substantial sums of money that I have paid to the Town in connection with the various requests made by me pursuant to Chapter 119 of the Florida Statutes.” As you are aware, the Town tracks and publishes public records requests and responses online at http://www2.gulf-stream.org/weblink/Browse.aspx?cr=1. There, you can find the Town’s public records requests and associated logs for 2013, 2014, 2015, 2016, 2017, 2018, and 2019. You and your associated individuals and entities have made hundreds of public records requests during this time period, but it is unusual for you to follow up with payment of the estimated charges. It was not until you agreed to become contractually obligated to do so under the terms of the 2018 Settlement Agreement that you began regularly paying for records responsive to your numerous public records requests. Your request further notes that “each request for an accounting was greeted with a refusal to respond.” This is not true, and the Town recommends you review its letters to you in response to each public records request. In each response to a public records request, the Town either provides records or a breakdown of the estimated costs to be incurred when responding to a public records request. When you submit the agreed upon $250 facilitation fee and records are provided to you, the Town always responds with an “accounting” of the costs incurred, which would include a breakdown of the hourly rate of the contractor or Town personnel providing the service, and the amount of time expended by each contractor or Town personnel. If you are inquiring about an “accounting” for a specific public records request, please review our correspondence to you, which was provided both via email and posted online. There, you will see a breakdown of the costs, which the Town deems responsive to your request. The records responsive to your request are therefore available online and in the correspondence sent to you. Due to your agreement in the Settlement Agreement, if you seek any additional records, please clarify your request and provide the $250 facilitation fee. As stated in the Settlement Agreement, failure to do so will “conclusively render such public records request withdrawn.” We 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:Saturday, June 22, 2019 8:08 AM To:Renee Basel; Rita Taylor; Greg Dunham Cc:Michelle Melicia Subject:FW: GS #2730 - Accounting - Various Records Requests - martin O'Boyle Attachments:GS #2730 (Substantial sums of money)_prod.pdf; Accounting - Chapter 119 Records Requests - Martin O'Boyle Dear ladies and gentlemen: I write you in regard to my email (below); and Ms. Basel's letter attached. Firstly, the request made in my below email, of Thursday, June 20, 2019 6:55 AM, was not a request for records made pursuant to Chapter 119. Based upon Ms. Basel’s letter (attached) the Town's position is otherwise. Please provide the Town's legal position, citing its basis that a request for an accounting of monies in connection with a specific Chapter 119 request requires a new Chapter 119 request. Upon receipt, we will provide you with a prompt response. In the meantime, my position is that I have not been provided with a detailed accounting, explaining her the Town's basis for the imposition of its unexplained or costs. Consequently, unless I hear from the Town by the close of business on Tuesday, June 25, 2019 with either: (a) a legal position as to why our request would constitute the need to file under Chapter 119 (which our counsel agrees with); or (b) an invitation to promptly meet with the Town to obtain a proper accounting; or (c) unless an alternate agreement is reached, we will immediately institute suit and ask the Court to provide that which we are looking for. As always, I urge you to work with us and avoid litigation. 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 21, 2019 4:21 PM To: Marty O'Boyle <meo@commerce-group.com> Subject: GS #2730 Good afternoon, Mr. O’Boyle: 1 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. From: Marty O'Boyle Sent:'s To: 'gdunham@gulf-stream.org' <gdunham@gulf-stream.org>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org> Cc: 'Renee Basel' <rbasel@gulf-stream.org>; 'Michelle Melicia (mmelicia@commerce-group.com)' <mmelicia@commerce-group.com> Subject: Accounting - Chapter 119 Records Requests - Martin O'Boyle Dear Custodian of Records (Ms. Taylor) and the Town manager (Greg Dunham): I write this email to request an accounting of the substantial sums of money that I have paid to the Town in connection with the various requests made by me pursuant to Chapter 119 of the Florida Statutes. In that connection, I have asked Renee Basel innumerable times to provide me with an accounting for the $$$ paid to the Town. I would ask you kindly confirm or the veracity of the preceding sentence with Ms. Basel. To be clear, each request for an accounting was greeted with a refusal to respond. I am now at the point where I insist on receiving the accounting, as requested. In that connection, if you feel you need any clarification as to what I am asking for, please contact me. I am making this one last request. If the Town does not provide the requested accounting; or provide me with a response that you will (within a reasonable period of time) provide the accounting by the close of business tomorrow, I will (with great reluctance) proceed to file suit and ask the Court to order the Town to do so. In closing, I urge the Town to not make me pursue such an unnecessary path, when either of the two of you could easily provide me with that which is requested without fuss. 2 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 3 Renee Basel From:Rita Taylor Sent:Tuesday, June 25, 2019 4:00 PM To:Marty O'Boyle; Renee Basel; Greg Dunham Cc:Michelle Melicia Subject:RE: GS #2730 - Accounting - Various Records Requests - martin O'Boyle Mr. O’Boyle: Please clarify what you seek that constitutes “an accounting” and the Town will supplement the information previously provided to you, if necessary. Rita Taylor Town Clerk From: Marty O'Boyle \[mailto:meo@commerce-group.com\] Sent: Saturday, June 22, 2019 8:08 AM To: Renee Basel <RBasel@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>; Greg Dunham <GDunham@gulf- stream.org> Cc: Michelle Melicia <mmelicia@commerce-group.com> Subject: FW: GS #2730 - Accounting - Various Records Requests - martin O'Boyle Dear ladies and gentlemen: I write you in regard to my email (below); and Ms. Basel's letter attached. Firstly, the request made in my below email, of Thursday, June 20, 2019 6:55 AM, was not a request for records made pursuant to Chapter 119. Based upon Ms. Basel’s letter (attached) the Town's position is otherwise. Please provide the Town's legal position, citing its basis that a request for an accounting of monies in connection with a specific Chapter 119 request requires a new Chapter 119 request. Upon receipt, we will provide you with a prompt response. In the meantime, my position is that I have not been provided with a detailed accounting, explaining her the Town's basis for the imposition of its unexplained or costs. Consequently, unless I hear from the Town by the close of business on Tuesday, June 25, 2019 with either: (a) a legal position as to why our request would constitute the need to file under Chapter 119 (which our counsel agrees with); or (b) an invitation to promptly meet with the Town to obtain a proper accounting; or (c) unless an alternate agreement is reached, we will immediately institute suit and ask the Court to provide that which we are looking for. As always, I urge you to work with us and avoid litigation. 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 1 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 21, 2019 4:21 PM To: Marty O'Boyle <meo@commerce-group.com> Subject: GS #2730 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. From: Marty O'Boyle Sent:'s To: 'gdunham@gulf-stream.org' <gdunham@gulf-stream.org>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org> Cc: 'Renee Basel' <rbasel@gulf-stream.org>; 'Michelle Melicia (mmelicia@commerce-group.com)' <mmelicia@commerce-group.com> Subject: Accounting - Chapter 119 Records Requests - Martin O'Boyle Dear Custodian of Records (Ms. Taylor) and the Town manager (Greg Dunham): I write this email to request an accounting of the substantial sums of money that I have paid to the Town in connection with the various requests made by me pursuant to Chapter 119 of the Florida Statutes. In that connection, I have asked Renee Basel innumerable times to provide me with an accounting for the $$$ paid to the Town. I would ask you kindly confirm or the veracity of the preceding sentence with Ms. Basel. To be clear, each request for an accounting was greeted with a refusal to respond. 2 I am now at the point where I insist on receiving the accounting, as requested. In that connection, if you feel you need any clarification as to what I am asking for, please contact me. I am making this one last request. If the Town does not provide the requested accounting; or provide me with a response that you will (within a reasonable period of time) provide the accounting by the close of business tomorrow, I will (with great reluctance) proceed to file suit and ask the Court to order the Town to do so. In closing, I urge the Town to not make me pursue such an unnecessary path, when either of the two of you could easily provide me with that which is requested without fuss. 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 3 Renee Basel From:Marty O'Boyle <meo@commerce-group.com> Sent:Tuesday, June 25, 2019 4:13 PM To:Rita Taylor; Renee Basel; Greg Dunham Cc:Michelle Melicia Subject:RE: GS #2730 - Accounting - Various Records Requests - martin O'Boyle Rita – thank you or your note. When calculating the billings, the town calculated the time down to seconds. I do not understand the basis or such a finite advance time calculation. Plainly stated, I need to understand the basis for the calculation of time; and where and how the time was spent and by whom. Rita, I am convinced that I have been overbilled; and I know that I have been “stone walled” in connection with my multiple requests for an accounting over the last months . Further to the above, it is good to hear from you, as I’m thinking that you appreciate and desire to avoid litigation. Assuming I’m correct, you ne to know that I share that appreciation and desire. On the other hand, unless I get a clear understanding of the charges, I will be left with no choice but to litigate. Let’s work together and avoid that. Please call me if you need further clarification 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: Rita Taylor <RTaylor@gulf-stream.org> Sent: Tuesday, June 25, 2019 4:00 PM To: Marty O'Boyle <meo@commerce-group.com>; Renee Basel <RBasel@gulf-stream.org>; Greg Dunham <GDunham@gulf-stream.org> Cc: Michelle Melicia <mmelicia@commerce-group.com> Subject: RE: GS #2730 - Accounting - Various Records Requests - martin O'Boyle Mr. O’Boyle: Please clarify what you seek that constitutes “an accounting” and the Town will supplement the information previously provided to you, if necessary. 1 Rita Taylor Town Clerk From: Marty O'Boyle \[mailto:meo@commerce-group.com\] Sent: Saturday, June 22, 2019 8:08 AM To: Renee Basel <RBasel@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>; Greg Dunham <GDunham@gulf- stream.org> Cc: Michelle Melicia <mmelicia@commerce-group.com> Subject: FW: GS #2730 - Accounting - Various Records Requests - martin O'Boyle Dear ladies and gentlemen: I write you in regard to my email (below); and Ms. Basel's letter attached. Firstly, the request made in my below email, of Thursday, June 20, 2019 6:55 AM, was not a request for records made pursuant to Chapter 119. Based upon Ms. Basel’s letter (attached) the Town's position is otherwise. Please provide the Town's legal position, citing its basis that a request for an accounting of monies in connection with a specific Chapter 119 request requires a new Chapter 119 request. Upon receipt, we will provide you with a prompt response. In the meantime, my position is that I have not been provided with a detailed accounting, explaining her the Town's basis for the imposition of its unexplained or costs. Consequently, unless I hear from the Town by the close of business on Tuesday, June 25, 2019 with either: (a) a legal position as to why our request would constitute the need to file under Chapter 119 (which our counsel agrees with); or (b) an invitation to promptly meet with the Town to obtain a proper accounting; or (c) unless an alternate agreement is reached, we will immediately institute suit and ask the Court to provide that which we are looking for. As always, I urge you to work with us and avoid litigation. 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 21, 2019 4:21 PM To: Marty O'Boyle <meo@commerce-group.com> Subject: GS #2730 Good afternoon, Mr. O’Boyle: See attached correspondence. 2 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. From: Marty O'Boyle Sent:'s To: 'gdunham@gulf-stream.org' <gdunham@gulf-stream.org>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org> Cc: 'Renee Basel' <rbasel@gulf-stream.org>; 'Michelle Melicia (mmelicia@commerce-group.com)' <mmelicia@commerce-group.com> Subject: Accounting - Chapter 119 Records Requests - Martin O'Boyle Dear Custodian of Records (Ms. Taylor) and the Town manager (Greg Dunham): I write this email to request an accounting of the substantial sums of money that I have paid to the Town in connection with the various requests made by me pursuant to Chapter 119 of the Florida Statutes. In that connection, I have asked Renee Basel innumerable times to provide me with an accounting for the $$$ paid to the Town. I would ask you kindly confirm or the veracity of the preceding sentence with Ms. Basel. To be clear, each request for an accounting was greeted with a refusal to respond. I am now at the point where I insist on receiving the accounting, as requested. In that connection, if you feel you need any clarification as to what I am asking for, please contact me. I am making this one last request. If the Town does not provide the requested accounting; or provide me with a response that you will (within a reasonable period of time) provide the accounting by the close of business tomorrow, I will (with great reluctance) proceed to file suit and ask the Court to order the Town to do so. In closing, I urge the Town to not make me pursue such an unnecessary path, when either of the two of you could easily provide me with that which is requested without fuss. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. 3 Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com 4 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 28, 2019 Martin E. O’Boyle [meo@commerce-group.com] Re: GS #2730 (Substantial sums of money) I write this email to request an accounting of the substantial sums of money that I have paid to the Town in connection with the various requests made by me pursuant to Chapter 119 of the Florida Statutes. In that connection, I have asked Renee Basel innumerable times to provide me with an accounting for the $$$ paid to the Town. I would ask you kindly confirm or the veracity of the preceding sentence with Ms. Basel. To be clear, each request for an accounting was greeted with a refusal to respond. I am now at the point where I insist on receiving the accounting, as requested. In that connection, if you feel you need any clarification as to what I am asking for, please contact me. I am making this one last request. If the Town does not provide the requested accounting; or provide me with a response that you will (within a reasonable period of time) provide the accounting by the close of business tomorrow, I will (with great reluctance) proceed to file suit and ask the Court to order the Town to do so. June 22, 2019 Follow-up: Firstly, the request made in my below email, of Thursday, June 20, 2019 6:55 AM, was not a request for records made pursuant to Chapter 119. Based upon Ms. Basel’s letter (attached) the Town's position is otherwise. Please provide the Town's legal position, citing its basis that a request for an accounting of monies in connection with a specific Chapter 119 request requires a new Chapter 119 request. Upon receipt, we will provide you with a prompt response. In the meantime, my position is that I have not been provided with a detailed accounting, explaining her the Town's basis for the imposition of its unexplained or costs. Consequently, unless I hear from the Town by the close of business on Tuesday, June 25, 2019 with either: (a) a legal position as to why our request would constitute the need to file under Chapter 119 (which our counsel agrees with); or (b) an invitation to promptly meet with the Town to obtain a proper accounting; or (c) unless an alternate agreement is reached, we will immediately institute suit and ask the Court to provide that which we are looking for. As always, I urge you to work with us and avoid litigation. June 25, 2019 Follow-up: When calculating the billings, the town calculated the time down to seconds. I do not understand the basis or such a finite advance time calculation. Plainly stated, I need to understand the basis for the calculation of time; and where and how the time was spent and by whom. Rita, I am convinced that I have been overbilled; and I know that I have been “stone walled” in connection with my multiple requests for an accounting over the last months . Further to the above, it is good to hear from you, as I’m thinking that you appreciate and desire to avoid litigation. Assuming I’m correct, you ne to know that I share that appreciation and desire. On the other hand, unless I get a clear understanding of the charges, I will be left with no choice but to litigate. Dear Martin E. O’Boyle [meo@commerce-group.com]: The Town of Gulf Stream has received your public records request dated June 20, 2019. You should be able to view your original request and the follow-up requests received on June 22, 2019 and June 25, 2019 at the following link: http://www2.gulf-stream.org/weblink/0/doc/158945/Page1.aspx You state that “I need to understand the basis for the calculation of time; and where and how the time was spent and by whom.” You have been provided this information in response to each and every public records request you have made, when applicable. You further state that you are being advised by an attorney relative to this issue, who should be able to explain to you the breakdown of costs articulated by the Town in each letter. If you are still confused, or if there are specific requests that still confuse you, please let us know. The basis for the costs are pursuant to Florida Statue § 119.07 (4)(d), which are the costs incurred for extensive use of information technology resources and/or extensive clerical or supervisory assistance, billed at the labor cost of the personnel providing the service. These costs are incurred in providing you with the produced records. You also state the “finite advance time calculation” confuses you. When making your recent public records requests, you have paid the Town a $250 facilitation fee. Once your request is sufficiently clarified to allow the Town to identify responsive records and respond, the Town performs work to fill your request and draws from this amount in accordance with the language of the 2018 Settlement Agreement. Pursuant to the 2018 Settlement Agreement, the Town first receives your facilitation fee, then: [I]n the event that the costs associated with responding to the applicable public records request are less than the corresponding Facilitation Fee, the Facilitation Fee (after reduction of the costs associated with responding to the request) will be refunded to Martin E. O’Boyle within ten (10) days of the Town’s determination of the costs Following this policy agreed upon by you and the Town, after the exact cost is determined, it is communicated to you and a refund is issued, if applicable. For example, in a May 13, 2019 request made by you numbered GS #2720, the Town explained that: The Town charges every requestor whose request is large enough to require extensive use of information technology resources or extensive clerical or supervisory assistance. If a requestor does not pay for their records, they do not get them. This is true for Town residents (GS #2626), non-residents (GS #2634) and news reporters (GS #2638) alike. Located at the above link is documentation for three payments for public records requests, including two copies of checks, and one daily cash report because that request was paid by cash. The costs of production were less than the $250.00 deposit, so the Town will provide you with a refund of $228.55. In request GS #2720, a half hour of clerical or supervisory assistance was charged at the staff rate of $42.90, for a total of $21.45, which was the labor cost of the personnel providing the service pursuant to § 119.07. The Town appreciates the ability to work with you in explaining how your requests are fulfilled. If there are specific records requests that confuse you, please let the Town know and we will attempt to fulfill your need for additional information on those specific requests as well. We 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:Friday, June 28, 2019 4:41 PM To:Renee Basel Cc:Michelle Melicia; Rita Taylor Subject:FW: GS #2730 - Accounting Attachments:GS #2730 (Substantial sums of money)_prod2.pdf Renee – thanks for your letter (attached). It was not helpful. So, let’s take baby steps: 1.What triggers the costs to begin? 2.Isn’t there a window of 30 minutes before costs begin to accrue? I don’t see that reflected in your billings. 3.How do you estimate the “down to the second costs’? What are the steps used? Once I have those answers, I will know better where to go. Right now, absent clear and convincing evidence (which I hope the Town wishes to provide), I will need to move to the next step. Please do not make me do that. Please cooperate. I’m entitled to know whether the Town is overcharging me, for spite, as a retaliatory scheme to prohibit me from obtaining records in violation of my 1t Amendment rights or whether they are just being over zealous. Once I understand to the satisfaction of a reasonable person; and understand going forward, all will be good. Your prompt response would be appreciated. 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 28, 2019 4:23 PM To: Marty O'Boyle <meo@commerce-group.com> Subject: GS #2730 Good afternoon, 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:Marty O'Boyle <meo@commerce-group.com> Sent:Tuesday, July 2, 2019 7:21 AM To:Rita Taylor Cc:Michelle Melicia; Renee Basel; Greg Dunham; Suze Courtney; Jon O'Boyle Subject:RE: GS #2730 - Accounting - Various Records Requests - martin O'Boyle Rita – will I be hearing from you. I really want to get this resolved without having to file a lawsuit. A little cooperation will go along way. If you have any further questions as to precisely what I am looking for, let’s sit down. I am not understanding this recalcitrance. If you (as the responsible party) prefer to litigate (which I will never understand why) and have me gain the requested information through discovery, let me know. Again, that is not my preference, but absent cooperation, you will leave me no choice. Rita, the Town’s continuing pattern to punish me for exercising my constitutional right; and to punish the Taxpayers by requiring them to fund unnecessary litigation, is beyond me. I need to understand the Town’s position. Please advise 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: Marty O'Boyle Sent: Tuesday, June 25, 2019 4:13 PM To: Rita Taylor <RTaylor@gulf-stream.org>; Renee Basel <RBasel@gulf-stream.org>; Greg Dunham <GDunham@gulf- stream.org> Cc: Michelle Melicia <mmelicia@commerce-group.com> Subject: RE: GS #2730 - Accounting - Various Records Requests - martin O'Boyle Rita – thank you or your note. When calculating the billings, the town calculated the time down to seconds. 1 I do not understand the basis or such a finite advance time calculation. Plainly stated, I need to understand the basis for the calculation of time; and where and how the time was spent and by whom. Rita, I am convinced that I have been overbilled; and I know that I have been “stone walled” in connection with my multiple requests for an accounting over the last months . Further to the above, it is good to hear from you, as I’m thinking that you appreciate and desire to avoid litigation. Assuming I’m correct, you ne to know that I share that appreciation and desire. On the other hand, unless I get a clear understanding of the charges, I will be left with no choice but to litigate. Let’s work together and avoid that. Please call me if you need further clarification 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: Rita Taylor <RTaylor@gulf-stream.org> Sent: Tuesday, June 25, 2019 4:00 PM To: Marty O'Boyle <meo@commerce-group.com>; Renee Basel <RBasel@gulf-stream.org>; Greg Dunham <GDunham@gulf-stream.org> Cc: Michelle Melicia <mmelicia@commerce-group.com> Subject: RE: GS #2730 - Accounting - Various Records Requests - martin O'Boyle Mr. O’Boyle: Please clarify what you seek that constitutes “an accounting” and the Town will supplement the information previously provided to you, if necessary. Rita Taylor Town Clerk From: Marty O'Boyle \[mailto:meo@commerce-group.com\] Sent: Saturday, June 22, 2019 8:08 AM To: Renee Basel <RBasel@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>; Greg Dunham <GDunham@gulf- stream.org> Cc: Michelle Melicia <mmelicia@commerce-group.com> Subject: FW: GS #2730 - Accounting - Various Records Requests - martin O'Boyle Dear ladies and gentlemen: I write you in regard to my email (below); and Ms. Basel's letter attached. 2 Firstly, the request made in my below email, of Thursday, June 20, 2019 6:55 AM, was not a request for records made pursuant to Chapter 119. Based upon Ms. Basel’s letter (attached) the Town's position is otherwise. Please provide the Town's legal position, citing its basis that a request for an accounting of monies in connection with a specific Chapter 119 request requires a new Chapter 119 request. Upon receipt, we will provide you with a prompt response. In the meantime, my position is that I have not been provided with a detailed accounting, explaining her the Town's basis for the imposition of its unexplained or costs. Consequently, unless I hear from the Town by the close of business on Tuesday, June 25, 2019 with either: (a) a legal position as to why our request would constitute the need to file under Chapter 119 (which our counsel agrees with); or (b) an invitation to promptly meet with the Town to obtain a proper accounting; or (c) unless an alternate agreement is reached, we will immediately institute suit and ask the Court to provide that which we are looking for. As always, I urge you to work with us and avoid litigation. 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 21, 2019 4:21 PM To: Marty O'Boyle <meo@commerce-group.com> Subject: GS #2730 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 3 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. From: Marty O'Boyle Sent:'s To: 'gdunham@gulf-stream.org' <gdunham@gulf-stream.org>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org> Cc: 'Renee Basel' <rbasel@gulf-stream.org>; 'Michelle Melicia (mmelicia@commerce-group.com)' <mmelicia@commerce-group.com> Subject: Accounting - Chapter 119 Records Requests - Martin O'Boyle Dear Custodian of Records (Ms. Taylor) and the Town manager (Greg Dunham): I write this email to request an accounting of the substantial sums of money that I have paid to the Town in connection with the various requests made by me pursuant to Chapter 119 of the Florida Statutes. In that connection, I have asked Renee Basel innumerable times to provide me with an accounting for the $$$ paid to the Town. I would ask you kindly confirm or the veracity of the preceding sentence with Ms. Basel. To be clear, each request for an accounting was greeted with a refusal to respond. I am now at the point where I insist on receiving the accounting, as requested. In that connection, if you feel you need any clarification as to what I am asking for, please contact me. I am making this one last request. If the Town does not provide the requested accounting; or provide me with a response that you will (within a reasonable period of time) provide the accounting by the close of business tomorrow, I will (with great reluctance) proceed to file suit and ask the Court to order the Town to do so. In closing, I urge the Town to not make me pursue such an unnecessary path, when either of the two of you could easily provide me with that which is requested without fuss. 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 4 Renee Basel From:Marty O'Boyle <meo@commerce-group.com> Sent:Tuesday, July 9, 2019 7:51 AM To:Renee Basel; Greg Dunham; Rita Taylor Cc:Michelle Melicia Subject:FW: GS #2730 - Accounting Attachments:GS #2730 (Substantial sums of money)_prod2.pdf Dear Ms. Basel, Madam Custodian (Ms. Taylor) and Policy Maker (Town manager – Greg Dunham) My request for information regarding billings explanations (for what I believe are over billings) from the Town, continues to go unanswered. I dread the thought that such a simple request requires institution of litigation, but that seems to be the Town’s Policy to cause litigation whenever they can. If what I say is not the Policy, I’m sure the Town Manager will explain. rd Tomorrow starts the 3 week since I made this ever so simple request. Please see below and attached communications. What, if anything, does the Town not understand? In lieu of a prompt response, I intend to institute litigation, which seems to be the desire (and Policy) of the Town. Please convince me that I am wrong. I now await your prompt and sensible response. 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: Marty O'Boyle Sent: Friday, June 28, 2019 4:41 PM To: 'rbasel@gulf-stream.org' <rbasel@gulf-stream.org> Cc: Michelle Melicia <mmelicia@commerce-group.com>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org> Subject: FW: GS #2730 - Accounting Renee – thanks for your letter (attached). It was not helpful. So, let’s take baby steps: 1 1.What triggers the costs to begin? 2.Isn’t there a window of 30 minutes before costs begin to accrue? I don’t see that reflected in your billings. 3.How do you estimate the “down to the second costs’? What are the steps used? Once I have those answers, I will know better where to go. Right now, absent clear and convincing evidence (which I hope the Town wishes to provide), I will need to move to the next step. Please do not make me do that. Please cooperate. I’m entitled to know whether the Town is overcharging me, for spite, as a retaliatory scheme to prohibit me from obtaining records in violation of my 1t Amendment rights or whether they are just being over zealous. Once I understand to the satisfaction of a reasonable person; and understand going forward, all will be good. Your prompt response would be appreciated. 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 28, 2019 4:23 PM To: Marty O'Boyle <meo@commerce-group.com> Subject: GS #2730 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 2 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 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 10, 2019 Martin E. O’Boyle [meo@commerce-group.com] Re: GS #2730 (Substantial sums of money) I write this email to request an accounting of the substantial sums of money that I have paid to the Town in connection with the various requests made by me pursuant to Chapter 119 of the Florida Statutes. In that connection, I have asked Renee Basel innumerable times to provide me with an accounting for the $$$ paid to the Town. I would ask you kindly confirm or the veracity of the preceding sentence with Ms. Basel. To be clear, each request for an accounting was greeted with a refusal to respond. I am now at the point where I insist on receiving the accounting, as requested. In that connection, if you feel you need any clarification as to what I am asking for, please contact me. I am making this one last request. If the Town does not provide the requested accounting; or provide me with a response that you will (within a reasonable period of time) provide the accounting by the close of business tomorrow, I will (with great reluctance) proceed to file suit and ask the Court to order the Town to do so. June 22, 2019 Follow-up: Firstly, the request made in my below email, of Thursday, June 20, 2019 6:55 AM, was not a request for records made pursuant to Chapter 119. Based upon Ms. Basel’s letter (attached) the Town's position is otherwise. Please provide the Town's legal position, citing its basis that a request for an accounting of monies in connection with a specific Chapter 119 request requires a new Chapter 119 request. Upon receipt, we will provide you with a prompt response. In the meantime, my position is that I have not been provided with a detailed accounting, explaining her the Town's basis for the imposition of its unexplained or costs. Consequently, unless I hear from the Town by the close of business on Tuesday, June 25, 2019 with either: (a) a legal position as to why our request would constitute the need to file under Chapter 119 (which our counsel agrees with); or (b) an invitation to promptly meet with the Town to obtain a proper accounting; or (c) unless an alternate agreement is reached, we will immediately institute suit and ask the Court to provide that which we are looking for. As always, I urge you to work with us and avoid litigation. June 25, 2019 Follow-up: When calculating the billings, the town calculated the time down to seconds. I do not understand the basis or such a finite advance time calculation. Plainly stated, I need to understand the basis for the calculation of time; and where and how the time was spent and by whom. Rita, I am convinced that I have been overbilled; and I know that I have been “stone walled” in connection with my multiple requests for an accounting over the last months . Further to the above, it is good to hear from you, as I’m thinking that you appreciate and desire to avoid litigation. Assuming I’m correct, you ne to know that I share that appreciation and desire. On the other hand, unless I get a clear understanding of the charges, I will be left with no choice but to litigate. June 28, 2019 Follow-up: So, let’s take baby steps: 1. What triggers the costs to begin? 2. Isn’t there a window of 30 minutes before costs begin to accrue? I don’t see that reflected in your billings. 3. How do you estimate the “down to the second costs’? What are the steps used? Once I have those answers, I will know better where to go. Right now, absent clear and convincing evidence (which I hope the Town wishes to provide), I will need to move to the next step. Please do not make me do that. Please cooperate. I’m entitled to know whether the Town is overcharging me, for spite, as a retaliatory scheme to prohibit me from obtaining records in violation of my 1t Amendment rights or whether they are just being over zealous. Once I understand to the satisfaction of a reasonable person; and understand going forward, all will be good. Your prompt response would be appreciated. Dear Martin E. O’Boyle [meo@commerce-group.com]: The Town of Gulf Stream has received your public records request dated June 20, 2019. You should be able to view your original request and the follow-up requests received on June 22, 2019 and June 25, 2019 and June 28, 2019 at the following link: http://www2.gulf-stream.org/weblink/0/doc/158945/Page1.aspx In your June 28, 2019 e-mail, you state: So, let’s take baby steps: 1. What triggers the costs to begin? 2. Isn’t there a window of 30 minutes before costs begin to accrue? I don’t see that reflected in your billings. 3. How do you estimate the “down to the second costs’? What are the steps used? With respect to numbers 1 and 3, the Town, in its June 28, 2019 letter explained to you the basis for costs, and that once your requests were sufficiently clarified, the Town performs work to fulfill your request and draws from the facilitation fee in accordance with the language of the 2018 Settlement Agreement. With respect to number 2 and the ‘window of 30 minutes,’ the Town understands this to refer to the policy of the Town to not charge a requestor for the first 15 minutes of responding to a request. The Town no longer reflects this in its estimate letters, but does provide 15 minutes free to all requestors before costs begin to accrue. The Town appreciates the ability to work with you in explaining how your requests are fulfilled. If there are specific records requests that confuse you, please let the Town know and we will attempt to fulfill your need for additional information on those specific requests as well. We 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, July 10, 2019 8:01 PM To:Renee Basel; Rita Taylor; Greg Dunham Cc:Michelle Melicia Subject:FW: GS #2730 (Substantial sums of money) Attachments:GS #2730 (Substantial sums of money)_prod3.pdf Dear Ms. Basel, Mdm. Custodian of records (Rita Taylor) and Town Manager (Greg Dunham): I make reference to the attached letter from Ms. basil dated July 10, 2090. In that connection, I continue to struggle why this simple request for an understanding of how the Town billed is becoming so difficult Once again, let’s take Baby Steps: With specificity, please answer the following questions, which may go a long way in assisting us to get through this process: 1. Is the clock running" when you receive the request? 2. Is the clock running when you review the request? 3. Is the clock running when you review the request with others? 4. Is the clock running when you discuss the request with others? 5.. Is the clock running for the period of time it takes to prepare these letters 6. and receive and review the emails and other writings from me? 7. Is the clock running for the time needed to formulate, prepare, edit, sign off and release these letters? 8. Is the clock running for the time needed to review, discuss and formulate a response to communications from me? 9. Please see number 3 as set forth on the last page of the attached letter? 10. Are there charges billed for anything other than time spent seeking records? In addition, and to confirm the veracity of the time that Rene has said was spent (and how (with specificity) it was spent, please provide me with copies of all timesheets which would demonstrate the time that the town's billing for. This is a n easy request and I am entitled to know if my the insistence that I pay the requested money was properly billed. Please understand that. Please, no more “finessing, deflection, etc). Just make me feel good knowing that Gulf Stream is not overbilling me. Lastly, please confirm that it is not the Town's position that this inquiry requesting an accounting for the monies paid by me to fulfill Records Request is not a Records Request under Chapter 119.. Please provide a prompt response 1 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, July 10, 2019 4:29 PM To: Marty O'Boyle <meo@commerce-group.com> Subject: GS #2730 (Substantial sums of money) 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 15, 2019 Martin E. O’Boyle [meo@commerce-group.com] Re: GS #2730 (Substantial sums of money) I write this email to request an accounting of the substantial sums of money that I have paid to the Town in connection with the various requests made by me pursuant to Chapter 119 of the Florida Statutes. In that connection, I have asked Renee Basel innumerable times to provide me with an accounting for the $$$ paid to the Town. I would ask you kindly confirm or the veracity of the preceding sentence with Ms. Basel. To be clear, each request for an accounting was greeted with a refusal to respond. I am now at the point where I insist on receiving the accounting, as requested. In that connection, if you feel you need any clarification as to what I am asking for, please contact me. I am making this one last request. If the Town does not provide the requested accounting; or provide me with a response that you will (within a reasonable period of time) provide the accounting by the close of business tomorrow, I will (with great reluctance) proceed to file suit and ask the Court to order the Town to do so. June 22, 2019 Follow-up: Firstly, the request made in my below email, of Thursday, June 20, 2019 6:55 AM, was not a request for records made pursuant to Chapter 119. Based upon Ms. Basel’s letter (attached) the Town's position is otherwise. Please provide the Town's legal position, citing its basis that a request for an accounting of monies in connection with a specific Chapter 119 request requires a new Chapter 119 request. Upon receipt, we will provide you with a prompt response. In the meantime, my position is that I have not been provided with a detailed accounting, explaining her the Town's basis for the imposition of its unexplained or costs. Consequently, unless I hear from the Town by the close of business on Tuesday, June 25, 2019 with either: (a) a legal position as to why our request would constitute the need to file under Chapter 119 (which our counsel agrees with); or (b) an invitation to promptly meet with the Town to obtain a proper accounting; or (c) unless an alternate agreement is reached, we will immediately institute suit and ask the Court to provide that which we are looking for. As always, I urge you to work with us and avoid litigation. June 25, 2019 Follow-up: When calculating the billings, the town calculated the time down to seconds. I do not understand the basis or such a finite advance time calculation. Plainly stated, I need to understand the basis for the calculation of time; and where and how the time was spent and by whom. Rita, I am convinced that I have been overbilled; and I know that I have been “stone walled” in connection with my multiple requests for an accounting over the last months . Further to the above, it is good to hear from you, as I’m thinking that you appreciate and desire to avoid litigation. Assuming I’m correct, you ne to know that I share that appreciation and desire. On the other hand, unless I get a clear understanding of the charges, I will be left with no choice but to litigate. June 28, 2019 Follow-up: So, let’s take baby steps: 1. What triggers the costs to begin? 2. Isn’t there a window of 30 minutes before costs begin to accrue? I don’t see that reflected in your billings. 3. How do you estimate the “down to the second costs’? What are the steps used? Once I have those answers, I will know better where to go. Right now, absent clear and convincing evidence (which I hope the Town wishes to provide), I will need to move to the next step. Please do not make me do that. Please cooperate. I’m entitled to know whether the Town is overcharging me, for spite, as a retaliatory scheme to prohibit me from obtaining records in violation of my 1t Amendment rights or whether they are just being over zealous. Once I understand to the satisfaction of a reasonable person; and understand going forward, all will be good. Your prompt response would be appreciated. July 2, 2019 Follow-up: Rita – will I be hearing from you. I really want to get this resolved without having to file a lawsuit. A little cooperation will go along way. If you have any further questions as to precisely what I am looking for, let’s sit down. I am not understanding this recalcitrance. If you (as the responsible party) prefer to litigate (which I will never understand why) and have me gain the requested information through discovery, let me know. Again, that is not my preference, but absent cooperation, you will leave me no choice. Rita, the Town’s continuing pattern to punish me for exercising my constitutional right; and to punish the Taxpayers by requiring them to fund unnecessary litigation, is beyond me. I need to understand the Town’s position. Please advise July 10, 2019 Follow-up: I make reference to the attached letter from Ms. basil dated July 10, 2090. In that connection, I continue to struggle why this simple request for an understanding of how the Town billed is becoming so difficult Once again, let’s take Baby Steps: With specificity, please answer the following questions, which may go a long way in assisting us to get through this process: 1. Is the clock running" when you receive the request? 2. Is the clock running when you review the request? 3. Is the clock running when you review the request with others? 4. Is the clock running when you discuss the request with others? 5.. Is the clock running for the period of time it takes to prepare these letters 6. and receive and review the emails and other writings from me? 7. Is the clock running for the time needed to formulate, prepare, edit, sign off and release these letters? 8. Is the clock running for the time needed to review, discuss and formulate a response to communications from me? 9. Please see number 3 as set forth on the last page of the attached letter? 10. Are there charges billed for anything other than time spent seeking records? In addition, and to confirm the veracity of the time that Rene has said was spent (and how (with specificity) it was spent, please provide me with copies of all timesheets which would demonstrate the time that the town's billing for. This is a n easy request and I am entitled to know if my the insistence that I pay the requested money was properly billed. Please understand that. Please, no more “finessing, deflection, etc). Just make me feel good knowing that Gulf Stream is not overbilling me. Lastly, please confirm that it is not the Town's position that this inquiry requesting an accounting for the monies paid by me to fulfill Records Request is not a Records Request under Chapter 119.. Please provide a prompt response Dear Martin E. O’Boyle [meo@commerce-group.com]: The Town of Gulf Stream has received your public records request dated June 20, 2019. You should be able to view your original request and the follow-up requests received on June 22, 2019, June 25, 2019, June 28, 2019, July 2, 2019 and July 10, 2019 at the following link: http://www2.gulf-stream.org/weblink/0/doc/158945/Page1.aspx The Town’s policy for responding to public records requests is based upon the text of Chapter 119 and judicial interpretations of the statutory language. With respect to service charges, the Town’s policy is predicated upon the language of section 119.07(4)(d) and such cases as Trout v. Bucher, 205 So. 3d 876 (Fla. 4th DCA 2016). The Town imposes a reasonable service charge on a case-by-case basis when the Town's response to a particular public records request requires the extensive use of information technology resources, extensive clerical assistance, or extensive supervisory assistance. The Town provides an estimate to the requesting party based upon the anticipated actual cost of duplication and the anticipated amount of its labor cost. Because each specific public records request is unique, the Town is not in a position to provide general statements about the service charges, if any, it would impose. Instead, the Town will provide an estimate after the Town has first had an opportunity to review and evaluate a specific public records request. Please be advised that staff time sheets track hours, but do not show how much time is worked on any particular request. 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:Monday, July 15, 2019 4:33 PM To:Renee Basel Cc:Michelle Melicia Subject:FW: GS #2730 (substantial sums of money) - accounting Attachments:GS #2730 (Substantial sums of money)_prod4.pdf Renee – you have my July 10, 2019 inquiry, which you have refused to answer. Please respond. With the 10 questions. Please advise whether you intend to address and respond to those 10 inquiries individually. Also, please let me know if you have timesheets as requested in the paragraph succeeding paragraph #10; and whether you intend to supply them. Lastly, you continuously refer to this inquiry to what I commonly refer to as an accounting, as a “Chapter 119 Records nd Request”. I do not see it as such. Please see my Une 22 email follow up. Please advise as requested. Renee, I do not intend to play “cat and mouse” any more. If I do not receive satisfactory answers before week’s end, I will seek Judicial Intervention. You decide whether forcing me to do so is a good use of taxpayer money. It sesm to me that communicating (a call would be good), will likely resolve the matter. Again, you decide. 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: Monday, July 15, 2019 4:03 PM To: Marty O'Boyle <meo@commerce-group.com> Subject: GS #2730 (substantial sums of money) Good afternoon, 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