HomeMy Public PortalAboutPRR 19-2752
Renee Basel
From:Marty O'Boyle <meo@commerce-group.com>
Sent:Wednesday, November 6, 2019 6:41 AM
To:Rita Taylor; Renee Basel
Cc:Michelle Melicia
Subject:Records Request -- "Emanate"
\[NOTICE: This message originated outside of the Town of Gulfstream -- DO NOT CLICK on links or open attachments
unless you are sure the content is safe.\]
Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which include
the word “emanate” or the word "emanates" or the word "emanating" (individually and collectively
"Emanate").
This request shall include all records, including, without limitation: (a) all E-Mails, phone records, messages,
texts, letters, memos and other communications sent by, received by, stored by or created by the “Town of
Gulf Stream”; and (b) any other writings sent by, received by, stored by or created by the “Town of Gulf
Stream”. To be clear, I am only looking for records which could be obtained by an electronic search of the
word "Emanate").
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.; Weiss Serota Helfman Cole & Bierman, P.Land Johnson
Anselmo Murdoch Burke Piper & Hochman, P.A. (including, without limitation, the attorneys, employees and
partners of each such law firm.)
As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly
provide a Privilege Log or 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.
Lastly, if the Town needs any clarifications regarding this request, I urge you to alert me promptly, as time is
of the essence.
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
November 7, 2019
Martin E. O’Boyle [e-mail to: meo@commerce-group.com]
Re: GS #2752 (Emanate)
Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes
which include the word “emanate” or the word "emanates" or the word "emanating" (individually
and collectively "Emanate").
This request shall include all records, including, without limitation: (a) all E-Mails, phone
records, messages, texts, letters, memos and other communications sent by, received by, stored
by or created by the “Town of Gulf Stream”; and (b) any other writings sent by, received by, stored
by or created by the “Town of Gulf Stream”. To be clear, I am only looking for records which
could be obtained by an electronic search of the word "Emanate").
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.; Weiss Serota Helfman Cole
& Bierman, P.L and Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. (including,
without limitation, the attorneys, employees and partners of each such law firm.)
Dear Martin E. O’Boyle [e-mail to: meo@commerce-group.com]:
Thank you for your Facilitation Fee of $250.00 by check #50746 on November 6, 2019 for the
public record request described above, hand-delivered to Reneé Basel on November 6, 2019
during her deposition in a public records case brought by you against the Town, Case No. 2019-
CA-006817. The Town will apply this to the production of records in accordance with the 2018
Settlement Agreement. The original request can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/168157/Page1.aspx
The Town will use its very best efforts to respond to you in a reasonable amount of time with the
appropriate response.
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, November 15, 2019 7:24 AM
To:Renee Basel
Cc:Michelle Melicia
Subject:FW: GS #2752 (Emanate)
Attachments:GS #2752 (Emanate)_intake.pdf
\[NOTICE: This message originated outside of the Town of Gulfstream -- DO NOT CLICK on links or open attachments
unless you are sure the content is safe.\]
Renee – I make reference to the records request as reflected on the attached.
Please allow this correspondence to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if
we do not receive a full and complete response to the captioned Records Request(s) within five (5)
business days we will institute a formal legal action against you and will be entitled to seek attorney fees
if we pursue an action.
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: Thursday, November 7, 2019 3:54 PM
To: Marty O'Boyle <meo@commerce-group.com>
Subject: GS #2752 (Emanate)
Good afternoon, Mr. O’Boyle:
See attached correspondence.
Kindest regards,
Reneé Rowan Basel
Assistant Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream FL 33483
561.276.5116
561.737.0188 – fax
www.gulf-stream.org
1
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
November 22, 2019
Martin E. O’Boyle [Mail to: meo@commerce-group.com]
Re: GS #2752 (Emanate)
Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes
which include the word “emanate” or the word "emanates" or the word "emanating"
(individually and collectively "Emanate").
This request shall include all records, including, without limitation: (a) all E-Mails, phone
records, messages, texts, letters, memos and other communications sent by, received by, stored
by or created by the “Town of Gulf Stream”; and (b) any other writings sent by, received by,
stored by or created by the “Town of Gulf Stream”. To be clear, I am only looking for records
which could be obtained by an electronic search of the word "Emanate").
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.; Weiss
Serota Helfman Cole & Bierman, P.L and Johnson Anselmo Murdoch Burke Piper & Hochman,
P.A. (including, without limitation, the attorneys, employees and partners of each such law
firm.)
Dear Martin E. O’Boyle [Mail to: meo@commerce-group.com]:
The Town of Gulf Stream received your public record request on November 6, 2019. Your request
can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/168157/Page1.aspx
You note that your request only seeks records which could be obtained by an electronic search
of the word “Emanate”. The Town has performed an IT search of its servers and due to the
large number of records obtained as a result of that search, our estimate to provide these records
will exceed your facilitation fee.
The Town now estimates that to fully respond to your request will require approximately six
hours of administrative support at $47.70 per hour and 50 minutes of Assistant Town Attorney
support at $77.99 per hour, the labor cost of the personnel providing the service, per Fla. Stat. §
119.07(4)(d). The Town notes that you have already paid $250 toward this request. If you
agree to pay an additional $100.94 to cover the balance of the cost to respond to this request, the
Town will immediately provide all records and wait for your payment for the balance of your
request. If you would instead prefer an initial production of records covering your $250 deposit,
let us know and the Town will immediately make the records available to you.
(Six hours @ $47.70 = 286.20) + (.83 hour @ $77.99 = $64.73) = $350.93 – $250 deposit =
$100.93. Deposit Due: $100.93 in cash or check.
Your request also indicates that you seek records from five separate law firms. Having a law
firm perform an electronic search for the word “emanate” will also exceed your facilitation fee.
After reviewing the estimate above, please let us know if you would like the Town to provide an
estimate for providing records from these outside contractors.
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, November 25, 2019 4:56 PM
To:Renee Basel
Cc:Michelle Melicia
Subject:FW: GS #2752 (Emanate)- Aditional funds for request - $100.93
Attachments:GS #2752 (Emanate)_est.pdf; doc01261520191125165640.pdf
\[NOTICE: This message originated outside of the Town of Gulfstream -- DO NOT CLICK on links or open attachments
unless you are sure the content is safe.\]
Reneé-thank you for your email below and the attachment
Once again, I’m struggling to understand the basis for your charges. In your deposition, you, as I recall,
stated that you keep time records as applies to records requests. YOu said the same as applies to the
town's counsel.
In connection with the costs which you seek, I would request that you provide us the basis for the costs.
In the meantime, so as not to have further delays in obtaining thee overdue records, I am having
delivered to you a check in the amount of $100.93, as requested. This check is being delivered to you with
the understanding that it is being paid under protest, reserving all rights. Incidentally, a copy of the
check is attached.
As you may recall, on November 15, 2019, I provided you with a 5 day notice, pursuant to the statute. As
is usually the case, the Town did not respond at all during that period.
We do not understand why there are continuing delays when records are requested from the Town. That
said, I am willing to waive the first 5 day notice. However, I ask you to kindly see below, where I am
instituting another 5 day notice. Barring exceptional circumstances (which will be considered upon
request), if we did not receive the records in total within the 5 day period, I intend to institute suit.
Renee, hopefully, the town will see the wisdom in providing the records timely and not trying to provoke
me to file a suit. Reneé, in this regard, all I want is my records. I do not wish to engage in a fight or a
lawsuit to get them. That choice is yours.
Thank you. I await prompt receipt of the requested records in total.
Please allow this correspondence to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if
we do not receive a full and complete response to the captioned Records Request(s) within five (5)
business days we will institute a formal legal action against you and will be entitled to seek attorney fees
if we pursue an action.
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: Friday, November 22, 2019 3:58 PM
To: Marty O'Boyle <meo@commerce-group.com>
Subject: GS #2752 (Emanate)
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
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
2
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
3
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
December 4, 2019
Martin E. O’Boyle [Mail to: meo@commerce-group.com]
Re: GS #2752 (Emanate)
Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes
which include the word “emanate” or the word "emanates" or the word "emanating"
(individually and collectively "Emanate").
This request shall include all records, including, without limitation: (a) all E-Mails, phone
records, messages, texts, letters, memos and other communications sent by, received by, stored
by or created by the “Town of Gulf Stream”; and (b) any other writings sent by, received by,
stored by or created by the “Town of Gulf Stream”. To be clear, I am only looking for records
which could be obtained by an electronic search of the word "Emanate").
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.; Weiss
Serota Helfman Cole & Bierman, P.L and Johnson Anselmo Murdoch Burke Piper & Hochman,
P.A. (including, without limitation, the attorneys, employees and partners of each such law
firm.)
Dear Martin E. O’Boyle [Mail to: meo@commerce-group.com]:
The Town of Gulf Stream received your public record request on November 6, 2019. . You should
be able to view your original request at the following link:
http://www2.gulf-stream.org/weblink/0/doc/168157/Page1.aspx
Thank you for your public records request. Hundreds of records have been provided at the above
link. Due to your extremely broad request for any record that contains the word “emanate” that
can be obtained by an electronic search, a broad range of records are being provided. However,
records that constitute Active Criminal Intelligence or Investigative Information have been
withheld pursuant to FS 119.071(2)(c)(1), and information furnished by a person to an agency
for the purpose of being provided with emergency notification by the agency has been withheld
pursuant to 119.071(5)(j).
Please confirm that your request no longer seeks records from the Town’s outside lawyers. Our
previous correspondence advised that there would be a cost exceeding your initial deposit due to
the nature of your request to these outside contractors. It was unclear in your last
correspondence whether you were interested in those records as well. If your request still seeks
those records, please specifically state so and the Town will provide you with an additional
estimate for the production of those records.
For your convenience, not included in the above production are records from the case of Martin
E. O’Boyle v. Town of Gulf Stream, Case No. 2019CA006817 pending in the 15th Judicial
Circuit, in which your lawyer is disputing the Town’s interpretation of the word “emanate,” due
to the frequency of its appearance in that case. For example, court filings, correspondence from
your attorney Jonathan O’Boyle, and other records associated with that case which contain the
word “emanate.” If you would like the Town to provide those records as part of this request,
please specifically state so and the Town will provide you with an additional estimate for the
production of those records.
Also, the Town has not provided records that are publicly available on the Town’s website by
searching the word “emanate,” which search you can perform by going to www.gulf-stream.org,
clicking on “find a Town Record” then typing “emanate” in the search box. If you would like the
Town to perform this search, please specifically state so and the Town will provide you with an
additional estimate for the production of those records.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records