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Home My Public Portal AboutPRR 14-1364RECORDS REQUEST (the "Request ") Date of Request: 9/5/2014 Requestor's Request ID#: 804 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: Asset Enhancement, LLC REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce - group.com Fax: 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Provide a copy of all communications between Jeff Gray and/or Joel Chandler and the Town of Gulf Stream and /or Robert Sweetapple for the period beginning January 1, 2014 through the date of this Request. ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT, CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE COMMON LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY RIGHT TO KNOW (INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OF ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF THE REQUESTOR PROVIDED IN THE FLORIDA CONSTITUTION. IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED IN ELECTRONIC FORM. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.0701 (a) (2) ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requestor by the Agency. I:P/NPR/FRR 04.22.13 FORM TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 24, 2014 Asset Enhancement, Inc. [mail to: records @commerce - group.com] Re: GS #1363 (796), #1364 (804) Please provide all Public Records which Attorney Sweetapple referred to or utilized when making the statement that Martin E. O'Boyle has engaged in the use of threats in connection with the last line of numbered paragraph 26 (see attached) of the Defendant's Motion for Sanctions against Plaintiff, Martin E. O'Boyle, counsel of record, the O'Boyle Law Firm, P. C., Jonathan O'Boyle and William Ring, Esquire and further in connection with Jonathan O'Boyle's alleged law firm. The word "alleged" belongs to Mr. Sweetapple and is not endorsed by the Requester. Provide a copy of all communications between Jeff Gray and /or Joel Chandler and the Town of Gulf Stream and /or Robert Sweetapplefor the period beginning January 1, 2014 through the date of this request. Dear Asset Enhancement, Inc. [mail to: records @commerce - group.com], The Town of Gulf Stream received your public records requests on September 5, 2014. If your request was received in writing, then the request can be found at the following links: h!W: / /www2 .gulf- stream.org./WebLinkg /0 /doc /20411 /Pagel.asyx and hU: / /www2.gulf- stream.oralWebLink8 /0 /doc /20413/Pagel.asox. If your request was verbal, then the description of your public records request is set forth in the italics above. In future correspondence, please refer to this public records request by the above referenced number. The Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to further respond to your public records request in a reasonable amount of time. Sincerely, Town Clerk TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 24, 2015 Asset Enhancement [mail to: records @commerce- group.com] Re: GS #1364 (804) Provide a copy of all communications between Jeff Gray and/or Joel Chandler and the Town of GufStream and /or Robert Sweetapplefor the period beginning January 1, 2014 through the date of this request. Dear Asset Enhancement [mail to: records(a),commerce- groua.coml, The Town of Gulf Stream received your public records requests on September 5, 2014. You should be able to view your original requests at the following link httv://www2.gulf- stream.org/WebLink8 /0 /doc /20413/Pagel.asnx. If your request was verbal, then the description of your public records request is set forth in the italics above. In future correspondence, please refer to this public records request by the above referenced numbers. Jeff Gray Records Please be advised that after a diligent search, the Town has not located any public records received from, sent to or created by Jeff Gray for the period beginning January 1, 2014 through the date of your request. As noted below, to confirm that the Town does not possess any responsive public records will require a deposit for the extraordinary expense associated with a comprehensive search of its hard and electronic files. Joel Chandler Records To the extent that you seek all public records received from, sent to or created by Joel Chandler from January 1, 2014 through the date of your request, a partial production of records are available at a similar records request found at: hgp: / /www2.gulf- stream.org/WebLink8 /0 /doc /20415/Pagel.aspxx. These documents include: • Communications received from or sent to Mr. Chandler or his counsel Please be advised that a sworn statement of Mr. Chandler taken by counsel for the Town on July 23, 2014 was previously produced to you care of your counsel, Nickalaus Taylor, Esq., Daniel DeSouza, Esq. and Mitchell Berger, Esq. and his associates on November 5, 2014 in response to a request to produce from you in O'Boyle v. Gulf Stream, Case No. 2014CA004474XXXXMBAA. Because your counsel at the O'Boyle Law Firm has asserted that the statement contains privileged information of the Citizens' Awareness Foundation, Inc., the Town is unable to reproduce that statement here. See Citizens Awareness Foundation, Inc. v. Sweetapple, Broeker & Farkas, P.L, Case No. 502014CA011941X3Xv1B AA and O'Hare v. Gulf Stream, Case No. 2014 -CA- 008327XXXXMB AF. There are additional records received from, sent to or created by Joel Chandler in the possession of the Town's outside counsel, Robert Sweetapple, Esq. Even assuming that those records and any communications between Mr. Sweetapple and Mr. Chandler that have not been shared with the Town are public records as defined in Chapter 119, Florida Statutes, which the Town does not concede, your counsel at the O'Boyle Law Firm claims in pending litigation that Mr. Chandler has provided to Mr. Sweetapple confidential and privileged information of CAFI. See Citizens Awareness Foundation, Inc. v. Sweetapple, Broeker & Parkas, P.L, Case No. 502014CA011941XXXXMB AA and O'Hare v. Gulf Stream, Case No. 2014 -CA- 008327XXXXMB AF. The Town further asserts that any communications from Mr. Sweetapple to Mr. Chandler are exempt per Fla. Stat. 119.071(1)(d)I as reflecting Mr. Sweetapple's mental impressions, conclusions, litigation strategies or legal theories and were prepared exclusively for civil litigation involving the Town adverse to you, your employees (Denise DeMartini, William Ring), your affiliated entities (including, but not limited to, CAFI, Stopdirtygovernment, LLC, Commerce Group, Inc., CG Acquisition Co., Inc., Asset Enhancement, Inc.), your attorneys at the O'Boyle Law Firm (Jonathan O'Boyle, Ryan Witmer, Giovani Mesa, Nickalaus Taylor) and Christopher O'Hare. To search the Town's files and Mr. Sweetapple's files for additional responsive documents, assess whether they constitute public records and determine if any exemption applies will require significant time and expense additional to the more than 15 minutes the Town has already spent in responding with its partial production. The Town estimates 1 hour of administrative support at $36.39 per hour, 2 hours of paralegal support at $125.00 per hour, and 1 hour of attorney support at $235.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). (1 hours @ 36.39 = 36.39) + (2 hours @ 125.00 = 250.00) + (1 hour @ 235.00 = 235.00) _ Deposit Due: $521.39 in cash or check. Finally and in particular since you have made a broad request for all communications "created by" Joel Chandler or Jeff Gray that may be in the possession of the Town, the Town estimates that to conduct a thorough review of its hard and electronic files to determine that it has not missed any additional documents will require 1 hours of administrative support at $36.39 per hour, 1 hour of information technology support at $120.00 per hour, and 1 hour of attorney support to review for exemptions related to ongoing litigation at $235.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). (1 hours @ 36.39 = 36.39) + (1 hours @ 120.00 = 120.00) + (1 hour @ 235.00 = 235.00) _ Deposit Due: $391.39 in cash or check. Robert Sweetapple Records You have also requested "all communications between" Robert Sweetapple, Esq. and the Town of Gulf Stream. To the extent that you seek communications between Mr. Sweetapple and the Town from January 1, 2014 through September 5, 2014, the partial production can be found at htty: / /www2.gulf- stream .org(WebLink8 /DocView.aspx ?id= 6696 &dbid =0. Invoices received by the Town from Sweetapple, Brocker & Varkas, P.L. can be found at http://www2.gulf- stream .org /WebLink8 /0 /doc /20415/Paee l .asnx. As you are well aware, Mr. Sweetapple serves as outside counsel to the Town in pending litigation involving you, your affiliated companies and Christopher O'Hare. You have made a broad request for any public records created by Mr. Sweetapple, which records would include pleadings authored by Mr. Sweetapple as well as internal communications and memoranda shared with the Town that would be exempt under Florida Statute 119.0171(1)(d)l. To search for responsive documents, assess whether they constitute public records and determine if any exemption applies will require significant time and expense. The Town estimates 2 hours of administrative support at $36.39 per hour, 2 hours of paralegal support at $125.00 per hour, and 2 hours of attorney support to review for exemptions related to ongoing litigation at $235.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). (2 hours @ 36.39 = 72.78) + (2 hours @ 125.00 = 250.00) + (2 hours @ 235.00 = 470.00) _ Deposit Due: $792.78 in cash or check. The total deposit for all parts of the records request would be = $1,741.85 in cash or check. The Town of Gulf Stream is currently working on a large number of incoming public records requests. Upon receipt of your deposit, the Town will use its very best efforts to further respond to your public records request in a reasonable amount of time. Sincerely, Town Clerk