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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