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Home My Public Portal AboutPRR 14-1365RECORDS REQUEST (the "Request ") Date of Request: 9/5/2014 Requestor's Request ID#: 803 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: Martin E. O'Boyle 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 public records received from, sent to or created by Jeff Gray and /or Joel Chandler and /or Robert Sweetapple for the period from January 1, 2013 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 119.07(4) (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/NPRIFRR 04.22.13 FORM TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 24, 2014 Martin E. O'Boyle [mail to: records @commerce - group.com] Re: GS #1365 (803) 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, 2013 through the date of this request. Dear Martin E. O'Boyle [mail to: records @commerce - group.com], The Town of Gulf Stream received your public records request on September 5, 2014. If your request was received in writing, then the request can be found at the following link: htty: / /www2.gulf- stream. oro/ WebLinkS /0 /doc /20415/Pagel.aspxx. 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 Kelly Avery From: Joel Chandler <joel.chandler @fogwatch.org> Sent: Wednesday, September 18, 2013 11:10 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0001 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1, Section 24 of the Florida Constitution and Chanter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: All records created or received by the Town of Gulf Stream that might reasonably be construed as to constitute personnel files relating to William H. Thrasher, including, but not limited to, any application for employment with attachments, history of employment, a list of job qualifications, educational background, training records, performance reviews, disciplinary hearing and/or any other related personnel actions. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by $119.070)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by § 119.07(1)(t) of the Florida Statutes. Please take note of 5119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the.oninal electronic format in which they were created or received. See $119.01(2)(f). Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: ioel.chandleraa FOGWatch.ore Best regards, Joel Chandler (863) 660 -4244 ioel.chandler(@fogwatch.org www.FogWatch.org Kelly Avery From: Joel Chandler <joel.chandler @fogwatch.org> Sent: Wednesday, September 18, 2013 11:14 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0002 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1. Section 24 of the Florida Constitution and Chanter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the Code Enforcement hearing(s) recently held in the matter of the Town of Gulf Stream v. Martin O'Boyle; and Any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate; and Minutes from any and all meetings wherein any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate were reviewed and /or approved by the Town of Gulf Stream Commission; and Any and all Staff Reports with explanations and /or recommendations, if any, regarding any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by $119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 4H 19.07(l)(f) of the Florida Statutes. Please take note of &I 19.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See § 1 19.01(2)(0, Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: ioel.chandler(a)TOGWatch.or Best regards, Joel Chandler (863) 660 -4244 ioel.chandlerCcr�,fo gwatch.org Kelly Avery From: Joel Chandler <joel.chandler @fogwatch.org> Sent: Wednesday, September 18, 2013 11:18 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0003 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the public meeting, Closed Door Session and resumed public meeting of the Town Commission held on July 24, 2013 regarding Martin O'Boyle; and Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the Special Session of the Town Commission held on July 26, 2013 regarding Martin O'Boyle; and Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of any Session of the Town Commission where discussions included any reference to Martin O'Boyle; and Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of any Closed Door Session of the Town Commission where discussions included any reference to Martin O'Boyle; and Copies of the settlement agreement including drafts and final versions between the Town of Gulf Stream and Martin O'Boyle If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by § 119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by $119.07(1)(f) of the Florida Statutes. Please take note of 4119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determinefrom other officers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See 4119.01(2)(fl. Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: ioel.chandler(a),FOGWatch.ore Best regards, Joel Chandler (863) 660 -4244 joel.chandler(a)fo ¢watch.org www.FogWatch.org Kelly Avery From: Joel Chandler <joel.chandler @fogwatch.org> Sent: Wednesday, September 18, 2013 11:23 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0004 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any records created or received by the Town of Gulf Stream that might reasonable be described as regarding all minutes and transcripts of the special sessions of July 24, 2013, July 26, 2013, as well as any closed door sessions, as well as the final settlement agreement for same in the matter of O'Boyle v. the Town of Gulf Stream. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by 4119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 4119.07(1)(f) of the Florida Statutes. Please take note of 4119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See 4119.01(2)(8, Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the Following email address: ioel.chandler(a,FOGWatch.org Best regards, Joel Chandler (863) 660 -4244 joel.chandler(a),,fogwatch.ors www.FogWatch.org Kelly Avery From: Joel Chandler <joel.chandler @fogwatch.org> Sent: Wednesday, September 18, 2013 11:26 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0005 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any records created or received by the Town of Gulf Stream that might reasonably be described as contract documents regarding web site development and on -line bill pay services. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by § 119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 4'119.07(1)(fl of the Florida Statutes. Please take note of §I 19.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See 4119.01(2)(fl. Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: ioel.chandler(a,FOGWatch.org Best regards, Joel Chandler (863) 660 -4244 joel.chandlerAfoswatch.org www.FogWatch.org Kelly Avery From: Joel Chandler <joel.chandler @fogwatch.org> Sent: Tuesday, September 24, 2013 11:39 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST —TOWN OF GULF STREAM PRR -0007 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following: Any records evidencing the exact date of creation of Gulf Stream Police Department Incident Report No. 11 -1791, and any electronic files, including metadata, as to the exact date of filing of said incident report. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by 41 19.07(l)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by § 119.07(1)(8 of the Florida Statutes. Please take note of &I 19.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See $119.01(2)(8. Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: ioel.chandleaa FOGwatch.org Best regards, Joel Chandler (863) 660 -4244 ioel.chandler(a,fogwatch.org www.FogWatch.org Kelly Avery From: Bill Thrasher Sent: Friday, September 20, 2013 11:44 AM To: 'Joel Chandler' Subject: RE: THIS IS A PUBLIC RECORDS REQUEST Attachments: 9 20 13— Chandler —PRR 0002— intake.pdf From: Joel Chandler [ mailto :joel.chandler @fogwatch.org] Sent: Wednesday, September 18, 2013 11:14 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0002 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1. Section 24 of the Florida Constitution and Chanter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the Code Enforcement hearing(s) recently held in the matter of the Town of Gulf Stream v. Martin O'Boyle; and Any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate; and Minutes from any and all meetings wherein any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate were reviewed and/or approved by the Town of Gulf Stream Commission; and Any and all Staff Reports with explanations and /or recommendations, if any, regarding any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by 4119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by § 119.070)(f) of the Florida Statutes. Please take note of 4119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and ifso, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See §1 19.01(2)(f), Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: ioel.chandleaFOGWatch.ore Best regards, Joel Chandler (863) 660 -4244 ioel.chandlerna,fogwatch.org www.FogWatch.org TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA September 20, 2013 Joel Chandler (863) 660 -4244 joel.chandler@fogwatch.org www.FogWatch.org Re: PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0002 a. Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the Code Enforcement hearing(s) recently held in the matter of the Town of Gulf Stream v. Martin O'Boyle; and b. Any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Golf Stream, FL with regard to the provision ofservices to the Town as a Special Magistrate; and c. Minutes from any and all meetings wherein any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision ofservices to the Town as a Special Magistrate were reviewed and/or approved by the Town of Gulf Stream Commission; and d. Any and all Staff Reports with explanations and/or recommendations, if any, regarding any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision ofservices to the Town as a Special Magistrate. Dear Joel Chandler, The Town of Gulf Stream has received your public records request dated September 18, 2013. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. Our staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records Your original request. dated September 18 2013 is reproduced in the space below: From: Joel Chandler [ mailto :ioel.chandler(abfogwatch.oral Sent: Wednesday, September 18, 2013 11:14 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0002 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1, Section 24 of the Florida Constitution and Chaoter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the Code Enforcement hearing(s) recently held in the matter of the Town of Gulf Stream v. Martin O'Boyle; and Any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate; and Minutes from any and all meetings wherein any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate were reviewed and/or approved by the Town of Gulf Stream Commission; and Any and all Staff Reports with explanations and /or recommendations, if any, regarding any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by § 119.07(1)(8 of the Florida Statutes. Please take note of §I19.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determinefrom other officers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See 0119.01(2)(fl. Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: i oel.chandler(a)FOG W atch.ore Best regards, Joel Chandler (863) 660 -4244 ioel.chandlerna.fo gwatch.org www.FoRWatch.org Kelly Avery From: Bill Thrasher Sent: Friday, September 20, 2013 11:44 AM To: Joel Chandler Subject: RE: THIS IS A PUBLIC RECORDS REQUEST Attachments: 9 20 13— Chandler —PRR 0002 — intake.pdf From: Joel Chandler [ mailto .joel.chandler @fogwatch.org] Sent: Wednesday, September 18, 2013 11:14 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST —TOWN OF GULF STREAM PRR -0002 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the Code Enforcement hearing(s) recently held in the matter of the Town of Gulf Stream v. Martin O'Boyle; and Any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate; and Minutes from any and all meetings wherein any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate were reviewed and /or approved by the Town of Gulf Stream Commission; and Any and all Staff Reports with explanations and /or recommendations, if any, regarding any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by § 119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by § 119.07(1)(f) of the Florida Statutes. Please take note of §119.07(c) Florida Statues and your affumative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See §1 19.01(2)(f), Florida Statutes. If you anticipate the production of these public records to exceed S 1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: ioel.chandler(&,,FOGWatch.ore Best regards, Joel Chandler (863) 660 -4244 ioel.chandler(o),fo ¢watch.ore www.FogWatch.org TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA September 20, 2013 Joel Chandler (863) 660 -4244 joel.chandler@fogwatch.org www.FogWatch.org Re: PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0002 a. Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the Code Enforcement hearing(s) recently held in the matter of the Town of Gulf Stream v. Martin O'Boyle; and b. Any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate; and c. Minutes from any and all meetings wherein any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision ofservices to the Town as a Special Magistrate were reviewed and /or approved by the Town of Gulf Stream Commission; and d. Any and all Staff Reports with explanations and /or recommendations, if any, regarding any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate. Dear Joel Chandler, The Town of Gulf Stream has received your public records request dated September 18, 2013. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. Our staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records Your original request, dated September 18, 2013, is reproduced in the space below: From: Joel Chandler [ mailto :joel.chandler(alfoowatch.oral Sent: Wednesday, September 18, 2013 11:14 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0002 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1. Section 24 of the Florida Constitution and Chanter 1 19.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the Code Enforcement hearing(s) recently held in the matter of the Town of Gulf Stream v. Martin O'Boyle; and Any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate; and Minutes from any and all meetings wherein any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate were reviewed and /or approved by the Town of Gulf Stream Commission; and Any and all Staff Reports with explanations and /or recommendations, if any, regarding any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by 4119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 4119.07(1)(f) of the Florida Statutes. Please take note of §119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See $119.01(2)(6. Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: ioel.chandlet- FOGWatch.org Best regards, Joel Chandler (863) 660 -4244 ioel.chandlerna,fogwatch.org www.FogWatch.org Kelly Avery From: Bill Thrasher Sent: Friday, September 20, 2013 11:46 AM To: 'Joel Chandler' Subject: RE: THIS IS A PUBLIC RECORDS REQUEST Attachments: 9 20 13_Chandler_PRR 0003_intake.pdf From: Joel Chandler [ mailto :joel.chandler @fogwatch.org] Sent: Wednesday, September 18, 2013 11:18 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0003 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1 Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the public meeting, Closed Door Session and resumed public meeting of the Town Commission held on July 24, 2013 regarding Martin O'Boyle; and Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the Special Session of the Town Commission held on July 26, 2013 regarding Martin O'Boyle; and Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of any Session of the Town Commission where discussions included any reference to Martin O'Boyle; and Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of any Closed Door Session of the Town Commission where discussions included any reference to Martin O'Boyle; and Copies of the settlement agreement including drafts and final versions between the Town of Gulf Stream and Martin O'Boyle If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by § 119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by § 119.07(1)(8 of the Florida Statutes. Please take note of § 119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See § 119.01(2)(8. Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: ioel.chandler(&,FOGWatch.org Best regards, Joel Chandler (863) 660 -4244 ioel.chandlera,fo gwatch.org www.FoaWatch.org TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA September 20, 2013 Joel Chandler (863) 660 -4244 joel.chandler @fogwatch.org www.FogWatch.org Re: PUBLIC RECORDS REQUEST —TOWN OF GULF STREAM PRR -0003 a. Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the public meeting, Closed Door Session and resumed public meeting of the Town Commission held on July 24, 2013 regarding Martin O'Boyle; and - b. Copies of any minutes created by the Town of Gut(Stream and any transcripts prepared by others of the Special Session of the Town Commission held on July 26, 2013 regarding Martin O'Boyle; and c. Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of any Session of the Town Commission where discussions included any reference to Martin O'Boyle; and d. Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of any Closed Door Session of the Town Commission where discussions included any reference to Martin O'Boyle; and e. Copies of the settlement agreement including drafts and final versions between the Town of Gulf Stream and Martin O'Boyle Dear Joel Chandler, The Town of Gulf Stream has received your public records request dated September 18, 2013. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. Our staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records Your original request. dated September 18, 2013, is reproduced in the space below: From: Joel Chandler ( mailto :ioel.chandler@)foawatch.oral Sent: Wednesday, September 18, 2013 11:18 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST —TOWN OF GULF STREAM PRR -0003 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the public meeting, Closed Door Session and resumed public meeting of the Town Commission held on July 24, 2013 regarding Martin O'Boyle; and Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the Special Session of the Town Commission held on July 26, 2013 regarding Martin O'Boyle; and Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of any Session of the Town Commission where discussions included any reference to Martin O'Boyle; and Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of any Closed Door Session of the Town Commission where discussions included any reference to Martin O'Boyle; and Copies of the settlement agreement including drafts and final versions between the Town of Gulf Stream and Martin O'Boyle If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by $119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 5I 19.07(1)(t) of the Florida Statutes. Please take note of $119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See 0119.01(2)(t), Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: i oel.chandler(a),FOG W atch.ore Best regards, Joel Chandler (863) 660 -4244 joel.chandler@.foewatch.org www.FogWatch.org Kelly Avery From: Bill Thrasher Sent: Friday, September 20, 2013 11:48 AM To: 'Joel Chandler' Subject: RE: THIS IS A PUBLIC RECORDS REQUEST Attachments: 9 20 13_Chandler_PRR 0004_intake.pdf From: Joel Chandler [ mailto :joel.chandler @fogwatch.org] Sent: Wednesday, September 18, 2013 11:23 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST —TOWN OF GULF STREAM PRR -0004 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any records created or received by the Town of Gulf Stream that might reasonable be described as regarding all minutes and transcripts of the special sessions of July 24, 2013, July 26, 2013, as well as any closed door sessions, as well as the final settlement agreement for same in the matter of O'Boyle v. the Town of Gulf Stream. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by § 119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 4119.07(I)(f) of the Florida Statutes. Please take note of 4119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, ijso, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that maybe responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See § 119.01(2)(fl. Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: ioel.chandler(&FOGWatch.ore Best regards, Joel Chandler (863) 660 -4244 ioel.chandler i4fogwatch.ore www.FogWatch.org TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA September 20, 2013 Joel Chandler (863) 660 -4244 joel.chandler@fogwatch.org www.FogWatch.org Re: PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0004 Any records created or received by the Town of Gulf Stream that might reasonable be described as regarding all minutes and transcripts of the special sessions of Ally 24, 2013, Ally 26, 2013, as well as any closed door sessions, as well as the final settlement agreement for same in the matter of O'Boyle v. the Town of Gulf Stream. Dear Joel Chandler, The Town of Gulf Stream has received your public records request dated September 18, 2013. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. Our staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records Your original request, dated Seotember 18, 2013. is reproduced in the space below: From: Joel Chandler [ mailto :ioel.chandlerCalfogwatch.orgl Sent: Wednesday, September 18, 2013 11:23 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST —TOWN OF GULF STREAM PRR -0004 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any records created or received by the Town of Gulf Stream that might reasonable be described as regarding all minutes and transcripts of the special sessions of July 24, 2013, July 26, 2013, as well as any closed door sessions, as well as the final settlement agreement for same in the matter of O'Boyle v. the Town of Gulf Stream. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by 5119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by &I 19.07(t)(f) of the Florida Statutes. Please take note of § 119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from otter officers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." 1 am, therefore, requesting that you notify eve individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See 5119.01(2)(f). Florida Statutes. If you anticipate the production of these public records to exceed 51.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: i oel.chandler(a),FOG W atch.org Best regards, Joel Chandler (863) 660-4244 joel.chandler(iUbgwatch.org www.FogWatch.org Kelly Avery From: Bill Thrasher Sent: Friday, September 20, 2013 11:50 AM To: 'Joel Chandler' Subject: RE: THIS IS A PUBLIC RECORDS REQUEST Attachments: 9 20 13— Chandler_PRR 0005 — intake.pdf From: Joel Chandler [ mailto :joel.chandler @fogwatch.org] Sent: Wednesday, September 18, 2013 11:26 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0005 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any records created or received by the Town of Gulf Stream that might reasonably be described as contract documents regarding web site development and on -line bill pay services. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by 4'1 19.07(l)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 4119.07( )(f) of the Florida Statutes. Please take note of 0119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determinefrom other officers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See 4119.01(2)(6. Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: ioel.chandler(a-,FOGWatch.org Best regards, Joel Chandler (863) 660 -4244 ioel.chandler(@,fogwatch.org www.FogWatch.org TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA September 20, 2013 Joel Chandler (863) 660 -4244 joel.chandler @fogwatch.org www.FogWatch.org Re: PUBLIC RECORDS REQUEST —TOWN OF GULF STREAM PRR -0005 Any records created or received by the Town of Gulf Stream that might reasonably be described as contract documents regarding web site development and on -line bill pay services. Dear Joel Chandler, The Town of Gulf Stream has received your public records request dated September 18, 2013. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. Our staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records Your original request, dated September 18, 2013, is reproduced in the space below: From: Joel Chandler [ mailto :ioel.chandler(afoawatch.oral Sent: Wednesday, September 18, 2013 11:26 AM To: Rita Taylor, Bill Thrasher Subject: TIES IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST —TOWN OF GULF STREAM PRR -0005 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any records created or received by the Town of Gulf Stream that might reasonably be described as contract documents regarding web site development and on -line bill pay services. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by &I 19.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 0119.07(1)(f) of the Florida Statutes. Please take note of4119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See &I 19.01(2)(f). Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: j oel.chandler(d,FOG W atch.org Best regards, Joel Chandler (863) 660 -4244 ioel.chandler(a)fogwatch.org www.FogWatch.org Kelly Avery From: Randolph, John C. Sent: Tuesday, December 03, 2013 1:55 PM To: William Ring (wring @commerce- group.com) Subject: Chandler vs Town of Gulf Stream - Case No. 2013 CA 007789 XXXX MB AN Attachments: 1 HL1948 -ring enclosing settlement check and documents.pdf MR Please let me know the status of this matter. The settlement check and executed Joint Stipulation of Dismissal and Release of Claims were sent to you on November 15, 2013. Thank you. JOHN C. RANDOLPH JOMBFOSTER tcatMMVesn:a PA. John C. Randolph Attorney Dircct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandolph(@,jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West palm Beach, Florida 33401 561 -659 -3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to die named recipient(s) and may be privileged and confidential. If you are not dte intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. JONESFOSTER )OFINS [ UN N SI UO[i5. PA John C. Randolph Attorney 561 - 650 -0456 Fax: 561 - 650 -5300 jrandolph @jonesfoster com November 15, 2013 William R Ring, Esquire 1280 W Newport Center Drive Deerfield Beach, Florida 33432 Re: Chandler vs Town of Gulf Stream Case No 2013 CA 007789 XXXX MB AN Our File No 13147.24 Dear Bill: Please find enclosed the check made payable to your trust account in the amount of $1,500.00 from the Town of Gulf Stream, along with the documents that were requested by Mr. Chandler. Also enclosed is the executed Joint Stipulation of Dismissal With Prejudice and the Release of All Claims signed by the Mayor of the Town of Gulf Stream. Please execute and file the Joint Stipulation of Dismissal with Prejudice and have Mr. Chandler execute the Release, providing me with copies of each. Please call me if you have any comments or questions. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A jl4 John C. Randolph JCR /ssm cc. William H Thrasher, Town Manager Since 19241 Nest Palm !teach I Jupiter Flagkr Cenwr hiwcr 505 Somh I•lagler Drive. Suitt 1100 \Gist Palm 11cach. Florida i3401 www.joncsfuster com Ilam P 1`360 To manlar pPoUse call Slackbaul Fomts of our lot Ira* number 966.122 3676 11479 TOWN OF GULF STREAM OPERATING ACCOUNT 11/13/2617 To: William F Ring Jr Esq PA Trust Account .'(I`i.CA7I�(,. I`IPIJ�:J Q;in=. - 6L.3- �^E11�1JL=1`J GY.T,LAP.ar 17�Put RL�r/n;L=LPur 11/13/2913 Chandler Lawsuit #333 51,500.00 $0.00 51,50000 Totals: $1,500,00 S0100 $1,500.30 001 - 53110.513 -10 Legal Services - Admin TOWN OF GULF STREAM OPERATING ACCOUNT 100 SEA ROAD GULF STREAM, FL 33483 -7427 (551)276.5116 PAY "One thousand five hundred and 001100 Dollars" To THE ORDER OF SUNTRUST BANK 63. 215/631 William F Ring Jr. Esq PA Trust Account • � n X41 me p1 � wl.� T P3N :3NI. K9r ' 1+: IIE�] 'III AUTHORIZED SIGNATURE 1110 114 7911, 1:063 10 2 15 2C 1000 16007315001 17Nti it pp FRAUD 6sJ ARMOR- II CHECK DATE CH II II, 11113/2013 11479 CHECK AMOUNT = o` 8 $" 1,500.00 r E MP a _ -� IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY. FLORIDA JOEL CHANDLER, Plaintiff, V. CASE NO.: 2013 CA 007789 XXXX MB AN THE TOWN OF GULF STREAM, Defendant. JOINT STIPULATION OF DISMISSAL, WITH PREJUDICE This Joint Stipulation of Dismissal is made between Plaintiff Joel Chandler ( "Chandler ") and Defendant Town of Gulf Stream (the "Town ") (together, the "Parties "). The Parties have reached an agreement to fully and finally dispose of this action. Among other things, the Parties have agreed as follows: 1. That the above styled action is hereby dismissed with prejudice. That the Town hereby withdrawals, retracts, and voluntarily strikes the averments set forth in paragraph 44 of the Town's Answer to the Complaint that the Plaintiff was acting at the direction of another party, person or entity.. 1 loa 'Connor, Esquire Flori a Bar No. 0498807 j oconnor @jonesfoster.com Ashlee A. Richman, Esquire Florida Bar No. 0091609 aiichman@ionesfoster.com Jones, Foster, .Johnston & Stubbs, P.A. 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 Attorneys foi- Defendant William F. Ring, Jr. Esquire Florida Bar No.: 961795 wrin2@commerce-2roup.com William F. Ring, Jr. ESQUIRE P.A. 1280 W. Newport Center Dr. Deerfield Beach, Florida 33442 Telephone: (954) 570 -3510 Fax: (954)360-0807 Attorney for Plaintiff RELEASE OF ALL CLAIMS ("Release") 1. FOR AND IN CONSIDERATION OF the payment to Mr. Joel Chandler (hereinafter "Chandler ") of the sum of one dollar ($1.00), and other good and valuable consideration, Chandler has released and discharged, and by these presents does for itself, its heirs, executors, administrators and assigns, release, acquit and forever discharge the Town of Gulf Stream (hereinafter "Gulf Stream ") from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April 15, 2013 which bears the identification #333, which is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was tiled on May 6, 2013 in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which is designated by the Case Number: 2013 CA 007789 XXXX MB AN, 2. FOR AND IN CONSIDERATION OF the payment to Gulf Stream of the sum of $1.00, and other good and valuable consideration, the Gulf Stream has released and discharged, and by these presents do for themselves, their successors, heirs, executors, administrators and assigns, release, acquit and forever discharge Chandler from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April 15, 2013 which bears the identification #333, which is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which is designated by the Case Number: 2013 CA 007789 XXXX MB AN. 3. Both Chandler and Gulf Stream understand and agree that the consideration as set forth above is the compromise of a disputed claim and Is not to be construed as an admission of liability on the part of parties by whom liability is expressly denied. 4. This Release Is governed by and shall be construed in accordance with the laws of the State of Florida. 5. Chandler and Gulf Stream through their authorized representatives have carefully read this Release and know the contents thereof, and are signing the same as their own free act. IN WITNESS WHEREOF, the undersigned has executed this Release of the day and date first written above. JOEL CHANDLER By: TOWN OF GULF STPIEAM By: %A1— AYOR WFRESOPA1JC333 10.29.2013 Page 1 Kelly Avery From: Randolph, John C. Sent: Monday, November 11, 2013 3:00 PM To: 'Bill Thrasher' (bhrasher @gulf - stream.org) Subject: FW: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Bill, Please see the email below from Bill Ring in regarding the Chandler suit, noting to whom the $1,500.00 check should be made payable. JOHN C. RANDOLPH JONESFOSTER John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolp(a,,jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, \X'cst palm Beach, Florida 33401 561 -659 -3000 1 www.lonesfoster.com U.S. Treasury Regulation Circular 2")0 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibite& incase immediately notify us by email and delete the original message. From: William Ring [mailto :wring @commerce- group.com] Sent: Friday, November 08, 2013 7:04 PM To: Randolph, John C. Cc: William Ring; Ryan Witmer Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 John: Sorry I missed your call earlier. The check should be payable to "William F Ring Jr. Esq PA Trust Account" - And mail it to the Deerfield Beach address below. Let me know when we can pick up the documents. Thanks, mm William F. Ring Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570- 3510(ph) 954- 360 -0807 (fax) 954- 3284383 (cell) From: Randolph, John C. [ mailto :JRandolph(aljonesfoster.coml Sent: Friday, November 08, 2013 3:55 PM To: William Ring Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Bill, The documents look fine. To whom should the $1,500.00 check be made payable and should it be mailed to you at your Deerfield Beach office address? Please advise. Thank you. JOHN C. RANDOLPH JONESFOSTER John C. Randolph Attorney Direct Dial: 561.650.0458 1 Pax: 561.650.5300 1 irandolph@jonesfoster.com jonesfoster.com Jones, Poster, Johnston & Stubbs, P.A. Hagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 www.ionesfoster.com U.s. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any- review, dissemination, or copying of this email is prohibited. Please immediately notifi- us by email and delete the original message. From: William Ring [ mailto :wrino(cicommerce- grouo.coml Sent: Wednesday, November 06, 2013 10:59 AM To: Randolph, John C. Cc: OConnor, Joanne M.; Richman, Ashlee A.; Ryan Witmer; William Ring Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Hi — I wanted to make sure you received this email last week. Bill William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570- 3510(ph) 954 - 360 -0807 (fax) 954- 328 -4383 (cell) From: William Ring Sent: Thursday, October 31, 2013 12:36 PM To: Randolph, John C. Cc: OConnor, Joanne M.; Richman, Ashlee A.; William Ring; Ryan Witmer Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Skip: In furtherance of our last conversation regarding the settlement of the Chandler Request #333 Lawsuit, attached for your review are: 1. Release of All Claims 2. Joint Stipulation of Dismissal, With Prejudice Please review and let us know if you have any comments. Upon the payment of the agreed upon $1500.00 and the receipt of the information requested in #333, we are prepared to execute the Release and file the Joint Dismissal. Thanks FM William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570- 3510(ph) 954- 360- 0807(fax) 954 -328 -4383 (cell) Kelly Avery From: Randolph, John C. Sent: Friday, November 08, 2013 3:55 PM To: 'William Ring' Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 The documents look fine. To whom should the $1,500.00 check be made payable and should it be mailed to you at your Deerfield Beach office address? Please advise. Thank you. JOHN C. RANDOLPH JONESFOSTER - - - )UII \4111ANSIL'Rfl}. 11 �. John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandolph@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. F'lagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561- 659 -3000 1 www.jonesfoster.com U.S. 'Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: William Ring [mailto :wring @commerce- group.com] Sent: Wednesday, November 06, 2013 10:59 AM To: Randolph, John C. Cc: OConnor, Joanne M.; Richman, Ashlee A.; Ryan Witmer; William Ring Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Hi — I wanted to make sure you received this email last week. M William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954- 570- 3510(ph) 954 - 360 -0807 (fax) 954 - 328 -4383 (cell) From: William Ring Sent: Thursday, October 31, 2013 12:36 PM To: Randolph, John C. Cc: OConnor, Joanne M.; Richman, Ashlee A.; William Ring; Ryan Witmer Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Skip: In furtherance of our last conversation regarding the settlement of the Chandler Request #333 Lawsuit, attached for your review are: 1. Release of All Claims 2. Joint Stipulation of Dismissal, With Prejudice Please review and let us know if you have any comments. Upon the payment of the agreed upon $1500.00 and the receipt of the information requested in #333, we are prepared to execute the Release and file the Joint Dismissal. Thanks f:V William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570- 3510(ph) 954- 360- 0807(fax) 954 - 328 -4383 (cell) Kelly Avery From: Randolph, John C. Sent: Thursday, November 07, 2013 4:30 PM To: 'Bill Thrasher' (bhrasher @gulf - stream.org); 'Rita Taylor' Subject: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Attachments: DRAFT - Joint Stipulation of Dismissal with Prejudice - 10.28.13.docx; RELEASE OF ALL CLAIMS 10.28.13.13.docx W This looks fine to me. I need to make sure that you can provide the documents that were requested as part of this settlement, along with the check. Please also confirm that there are no outstanding public records requests from Chandler. Thank you. JOHN C. RANDOLPH JONESFOSTER John C. Randolph Attorney- DireetDial: 561.650.0458 1 Fax: 561.650.5300 1 irandolplialionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. 11iis email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JOEL CHANDLER, Plaintiff, V. CASE NO.: 2013 CA 007789 XXXX MB AN THE TOWN OF GULF STREAM, Defendant. JOINT STIPULATION OF DISMISSAL, WITH PREJUDICE This Joint Stipulation of Dismissal is made between Plaintiff Joel Chandler ( "Chandler ") and Defendant Town of Gulf Stream (the "Town ") (together, the "Parties "). The Parties have reached an agreement to fully and finally dispose of this action. Among other things, the Parties have agreed as follows: That the above styled action is hereby dismissed with prejudice. 2. That the Town hereby withdrawals, retracts, and voluntarily strikes the averments set forth in paragraph 44 of the Town's Answer to the Complaint that the Plaintiff was acting at the direction of another party, person or entity. Joanne M. O'Connor, Esquire Florida Bar No. 0498807 joconnore,ionesfoster.com Ashlee A. Richman, Esquire Florida Bar No. 0091609 arichman(a)ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 Attorneys for Defendant William F. Ring, Jr. Esquire Florida Bar No.: 961795 wriniz(@,commerce-gromp.com William F. Ring, Jr. ESQUIRE P.A. 1280 W. Newport Center Dr. Deerfield Beach, Florida 33442 Telephone: (954) 570 -3510 Fax: (954)360 -0807 Attorney for Plaintiff RELEASE OF ALL CLAIMS ( "Release ") 1. FOR AND IN CONSIDERATION OF the payment to Mr. Joel Chandler (hereinafter "Chandler ") of the sum of one dollar ($1.00), and other good and valuable consideration, Chandler has released and discharged, and by these presents does for itself, its heirs, executors, administrators and assigns, release, acquit and forever discharge the Town of Gulf Stream (hereinafter "Gulf Stream ") from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April 15, 2013 which bears the identification #333, which is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which is designated by the Case Number: 2013 CA 007789 XXXX MB AN. 2. FOR AND IN CONSIDERATION OF the payment to Gulf Stream of the sum of $1.00, and other good and valuable consideration, the Gulf Stream has released and discharged, and by these presents do for themselves, their successors, heirs, executors, administrators and assigns, release, acquit and forever discharge Chandler from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April 15, 2013 which bears the identification #333, which is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which is designated by the Case Number: 2013 CA 007789 XXXX MB AN. 3. Both Chandler and Gulf Stream understand and agree that the consideration as set forth above is the compromise of a disputed claim and is not to be construed as an admission of liability on the part of parties by whom liability is expressly denied. 4. This Release is governed by and shall be construed in accordance with the laws of the State of Florida. 5. Chandler and Gulf Stream through their authorized representatives have carefully read this Release and know the contents thereof, and are signing the same as their own free act. IN WITNESS WHEREOF, the undersigned has executed this Release of the day and date first written above. JOEL CHANDLER By: TOWN OF GULF STREAM By: WFRESQPAIJC333 10.28.2013 Page 1 MAYOR Kelly Avery From: William Ring <wring @commerce - group.com> Sent: Thursday, October 31, 2013 12:36 PM To: Randolph, John C. Cc: OConnor, Joanne M.; Richman, AshleeA.; William Ring; Ryan Witmer Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Attachments: DRAFT - Joint Stipulation of Dismissal with Prejudice - 10.28.13.docx; RELEASE OF ALL CLAIMS 10.28.13.13.docx Skip: In furtherance of our last conversation regarding the settlement of the Chandler Request #333 Lawsuit, attached for your review are: 1. Release of All Claims 2. Joint Stipulation of Dismissal, With Prejudice Please review and let us know if you have any comments. Upon the payment of the agreed upon $1500.00 and the receipt of the information requested in #333, we are prepared to execute the Release and file the Joint Dismissal. Thanks OR William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570- 3510(ph) 954 - 360 -0807 (fax) 954- 328 -4383 (cell) IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JOEL CHANDLER, Plaintiff, V. CASE NO.: 2013 CA 007789 XXXX MB AN THE TOWN OF GULF STREAM, Defendant. JOINT STIPULATION OF DISMISSAL, WITH PREJUDICE This Joint Stipulation of Dismissal is made between Plaintiff Joel Chandler ( "Chandler ") and Defendant Town of Gulf Stream (the "Town ") (together, the "Parties "). The Parties have reached an agreement to fully and finally dispose of this action. Among other things, the Parties have agreed as follows: That the above styled action is hereby dismissed with prejudice. 2. That the Town hereby withdrawals, retracts, and voluntarily strikes the averments set forth in paragraph 44 of the Town's Answer to the Complaint that the Plaintiff was acting at the direction of another party, person or entity. Joanne M. O'Connor, Esquire Florida Bar No. 0498807 ioconnor(@,ionesfoster.com Ashlee A. Richman, Esquire Florida Bar No. 0091609 arichman(7a ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 Attorneys for Defendant William F. Ring, Jr. Esquire Florida Bar No.: 961795 wrine(i� commerce- group.com William F. Ring, Jr. ESQUIRE P.A. 1280 W. Newport Center Dr. Deerfield Beach, Florida 33442 Telephone: (954) 570 -3510 Fax: (954)360 -0807 Attorney for Plaintiff RELEASE OF ALL CLAIMS ("Release") 1. FOR AND IN CONSIDERATION OF the payment to Mr. Joel Chandler (hereinafter "Chandler ") of the sum of one dollar ($1.00), and other good and valuable consideration, Chandler has released and discharged, and by these presents does for itself, its heirs, executors, administrators and assigns, release, acquit and forever discharge the Town of Gulf Stream (hereinafter "Gulf Stream ") from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April 15, 2013 which bears the identification #333, which is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which is designated by the Case Number: 2013 CA 007789 XXXX MB AN. 2. FOR AND IN CONSIDERATION OF the payment to Gulf Stream of the sum of $1.00, and other good and valuable consideration, the Gulf Stream has released and discharged, and by these presents do for themselves, their successors, heirs, executors, administrators and assigns, release, acquit and forever discharge Chandler from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April 15, 2013 which bears the identification #333, which is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which is designated by the Case Number: 2013 CA 007789 XXXX MB AN. 3. Both Chandler and Gulf Stream understand and agree that the consideration as set forth above is the compromise of a disputed claim and is not to be construed as an admission of liability on the part of parties by whom liability is expressly denied. 4. This Release is governed by and shall be construed in accordance with the laws of the State of Florida. 5. Chandler and Gulf Stream through their authorized representatives have carefully read this Release and know the contents thereof, and are signing the same as their own free act. IN WITNESS WHEREOF, the undersigned has executed this Release of the day and date first written above. JOELCHANDLER By: TOWN OF GULF STREAM By: WFRESOPAIJC333 10.28.2013 Page 1 MAYOR Kelly Avery From: Randolph, John C. Sent: Wednesday, September 25, 2013 9:50 AM To: 'William Ring' Subject: RE: Joel Chandler Settlement - Request #333 Aw The Commission approved the payment of the $1,500.00 in settlement of this case, along with providing the records requested and incorporating language in the dismissal along the lines of what you suggested in your most recent email. Additionally, we need to exchange releases. How do you wish to proceed? Would you like to prepare a Notice of Voluntary Dismissal with prejudice for my review? Please let me know. Thank you. JOHN C. RANDOLPH JONESFOSTER $III1S(IAV YnL "$RS. RA. John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolphjonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 330 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to die named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: William Ring [mailto :wring @commerce- group.com] Sent: Monday, September 23, 2013 2:00 PM To: Randolph, John C. Cc: William Ring; Ryan Witmer Subject: Joel Chandler Settlement - Request #333 Skip: Following our call today, we would be willing to reduce our demand from $2000.00 to $1500.00 (a 25% reduction!) As far as the offending paragraph ( #44 of your answer, see attached), it alleges that Mr. Chandler was acting at the direction of Mr. O'Boyle. As I mentioned, Mr. Chandler would like that misimpression cleared up. We would accept a statement in the voluntary dismissal that "The Town hereby retracts the assertions in the Answer, and specifically paragraph #44, that the Plaintiff, Mr. Chandler, was acting at the direction of another party, person or entity." Something like that. The amount above assumes we spend no more time on the file. M William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570- 3510(ph) 954 - 360- 0807(fax) 954- 328 -4383 (cell) Kelly Avery From: William Ring <wring @commerce - group.com> Sent: Monday, September 23, 2013 2:00 PM To: Randolph, John C. Cc: William Ring; Ryan Witmer Subject: Joel Chandler Settlement - Request #333 Attachments: img- 923093029- 0001.pdf Skip: Following our call today, we would be willing to reduce our demand from $2000.00 to $1500.00 (a 25% reductionl) As far as the offending paragraph ( #44 of your answer, see attached), it alleges that Mr. Chandler was acting at the direction of Mr. O'Boyle. As I mentioned, Mr. Chandler would like that misimpression cleared up. We would accept a statement in the voluntary dismissal that "The Town hereby retracts the assertions in the Answer, and specifically paragraph #44, that the Plaintiff, Mr. Chandler, was acting at the direction of another party, person or entity." Something like that. The amount above assumes we spend no more time on the file. Im William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570- 3510(ph) 954- 360- 0807(fax) 954 - 328 -4383 (cell) 0 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JOEL CHANDLER, Plaintiff, V. CASE NO.: 2013 CA 007789 XXXX MB AN THE TOWN OF GULF STREAM, Defendant. ANSWER TO COMPLAINT Defendant, THE TOWN OF GULF STREAM (the "Town" or the "Defendant "), by and through undersigned counsel, hereby answers and asserts Defenses to the Verged Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary Relief (the "Complaint") filed by the Plaintiff, JOEL CHANDLER ( "Chandler" or the "Plaintiff'). As to each paragraph alleged in the Complaint, the Town responds as follows: 1. The Town denies that Plaintiffs civil rights have been violated, but admits that this action concerns Plaintiff's allegations that Defendant has violated Chapter 119, Florida Statutes (2012) (the "Public Records Act "). 2. The Town admits the allegation in paragraph 2 that the Complaint seeks declaratory and monetary relief. 3. The Town admits that the Complaint seeks the relief specified in Paragraph 3, but denies that Plaintiff is entitled to the requested relief, only. Jurisdiction and Venue 4. The Town admits the allegation in paragraph 4 for purposes of jurisdiction 1 n only. 5. The Town admits the allegation in paragraph 5 for purposes of jurisdiction 6. The Town admits the allegation in paragraph 6 for purposes of venue only. The Parties 7. The Town admits the allegation in paragraph 7. 8. The Town admits the allegation in paragraph 8. 9. The Town admits the allegation in paragraph 9. 10. The Town admits the allegation in paragraph 10. Florida's Public Records Act 11. The Town admits the allegation in paragraph 11. 12. The Town admits the allegation in paragraph 12. 13. The Town admits the allegation in paragraph 13. 14. The Town admits the allegation in paragraph 14. 15. The Town admits the allegation in paragraph 15. Factual Background 16. The Town admits the allegation in paragraph 16. 17. The Town admits the allegation in paragraph 17. 18. The Town admits the allegation in paragraph 18. 19. The Town admits the allegation in paragraph 19. 20. The Town admits the allegation in paragraph 20. 21. The Town admits that Plaintiff was offered all requested documents at a charge of $0.15 per page. 2 Count I- Unlawful Withholding of Public Records 22, The Town incorporates its responses to allegations In paragraphs 1 -21. 23. The Town admits that paragraph 23 is an accurate restatement of the law. 24. The Town admits the allegation in paragraph 24. 25. The Town admits the allegation in paragraph 25. 26. The Town admits that the allegation in paragraph 26 is an accurate restatement of the law. 27. The Town admits that the actual cost of duplication of 11 x 17 copies is less than $0.15 per page. 28. The Town denies the allegation in paragraph 28 as it states a legal conclusion. 29. The Town admits that a fee was requested for production of documents. 30. The Town admits that the allegation in paragraph 30 is an accurate restatement of the law. 31. The Town admits that ten minutes to fulfill a request is not extensive pursuant to Section 119.07(4)(d), but denies the remainder of paragraph 31. Count II- Unlawful Withholding of Public Records 32. The Town incorporates its responses to allegations in paragraphs 1 -21. 33. The Town denies the allegation in paragraph 33. 34. The Town admits that Plaintiff stated he would pay the statutorily authorized fee for the public records but denies that Plaintiff provided the Town with any financial compensation for the production of records. 35. The Town admits the allegation in paragraph 35. 3 36. The Town admits the allegation in paragraph 36. 37. The Town admits that paragraph 37 is an accurate restatement of the law. 38. The Town admits that the Plaintiff has a legal right to public records but denies the allegation in paragraph 38 to the extent that it implies the Town has not performed its duty under the Public Records Act adequately. 39. The Town admits that Plaintiff is entitled to a hearing, but denies the necessity of an immediate hearing. 40. The Town denies the allegations in paragraph 40. Attorney's Fees 41. The Town admits that the allegation in paragraph 41 is an accurate reflection of the law but denies that Plaintiff is entitled to attorney's fees. Relief Requested 42. The Town denies that Plaintiff is entitled to a judgment in its favor or for any relief whatsoever, including the relief requested in paragraphs (a) -(e). DEFENSES 43. In further response to the allegations above, the Town avers that, in all respects, Plaintiff is not entitled to any relief. 44. The Town avers that it is the Town's reasonable belief that the Public Records Request that is the subject of this action was filed at the direction of Martin E. O'Boyle ( "O'Boyle "). The Town avers in support of this belief the following facts: a, At the time Plaintiff brought the Public Records Request to the Town, he was accompanied by O'Boyle (who was delivering his own request at the time), and another associate of O'Boyle, Ryan Witmer (who was 4 also delivering a request that the Town believes was submitted at the direction of O'Boyle). b. The address listed on the Public Records Request is the same address provided by O'Boyle for the requests that he has submitted to the Town. c. The attorney of record for Plaintiff is also the attorney of record for four other actions' brought against the Town by or at O'Boyle's direction with respect to various public records requests. 45. The Town avers that more than four hundred (400) public records requests have been filed by or at the direction of Martin E. O'Boyle since March 2013. 46. The Town avers that the Town has produced thousands of pages in response to the numerous public records requests filed by or at the direction of O'Boyle. 47. The Town avers that the Town has a staff of only, four (4) people, not including law enforcement and fire personnel. 48. The Town avers that the record custodian who received the subject Public Records Request from Plaintiff was under the impression that the requests submitted by O'Boyle, Ryan Witmer, and Plaintiff could be treated as cumulative requests for purposes of charging for extensive use of resources? r The Town is moving to have the five actions (including the underlying action) brought by or at the direction of O'Boyle with attorney William F. Ring as the attorney of record transferred to and consolidated In the division of the oldest action (Judge Peter D. Blanc's Division). 2 Though numerous requests at the direction of an individual may be viewed for their cumulative Impact in evaluating whether an agency's response time was reasonable, there is no case law that specifically allows for requests to be treated as cumulative for purposes of assessing costs for extensive time to respond. See Lana v. Reedy Creek Improvement District, No.CJ -5546 (Fla. 9th Cir. Ct. Oct. , 1995), afTrmed per cunam, 675 So. 2d 947 (Fla. 5th DCA 1996), in which the circuit court rejected the petitioner's claim that the agency should have produced records within 10, 20 and 60 -day periods. The court considered the plaintiff's numerous (19) public records requests and found the agency's response to 5 49. The Town avers that the records custodian was also under the good faith impression that fifteen cents (the statutory fee for copies that are 14 Inches by 8 '/2 inches) could also be charged as the statutory fee for the records produced for Plaintiff on larger paper (11 x 17 inches). The Town further avers that when the records custodian offered the documents for payment after fulfilling Plaintiffs request, Plaintiff simply responded that he would pay "the statutory amount ", and did not explain further before leaving the Town Hall. 50. The Town avers that the records custodian made an error in good faith, of which the Plaintiff was aware but did not explain- choosing instead to file an otherwise unnecessary legal action against the Town. 51. The Town avers that, having learned of the records custodian's good faith mistake, the Town will produce the requested documents to Plaintiff upon payment of the statutory amount, including costs of staff time as a special service charge.' 52. The Town avers that, should Plaintiff elect not to procure the documents that the Town has produced and is holding for Plaintiff, the Town is authorized to bill Plaintiff for the actual cost of copying and producing the records. I HEREBY CERTIFY that a copy of the foregoing has been furnished by e-mail this 22nd day of July, 2013 to the following: be reasonable in light of the cumulative Impact of the requests and the fact that the requested records contained exempt and nonexempt Information, requiring considerable time to review and redact ' Tor the purposes of satisfying a public records request, the fee to be charged by an agency if It elects to provide a copy of a public record in a medium that Is not routinely used by the agency ...must be in accordance with s.119.07.74, F.S. (authorizing Imposition of a special service charge if excessive Information technology resources or labor are required)." Govemment -in- the- Sunshine Manual, First Amendment Foundation, p. 149 (2012). 6 William F. Ring, Jr., Esquire 1280 W. Newport Center Dr, Deerfield Beach, FL 33432 wring @commerce -group com p:\ d0ns \13147\00024\pld\I812833.doa JONES, FOSTER, JOHNSTON 8, STUBSS, P.A. Attorneys for Defendant 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 561 - 659 -3000 By: /s/ Ashlee A. Richman Joanne M. O'Connor, Esquire Florida Bar No. 0498807 oconnor anionesfoster com Ashlee A. Richman, Esquire Florida Bar No. 0091609 arichman(Monesfoster com 7 Kelly Avery From: Matias, Sally Sent: Friday, September 06, 2013 1:22 PM To: 'stacey @pgmreporting.com' Subject: Town of Gulf Stream Closed Door Session - September 13, 2013 Attachments: 1 H07231.pdf Stacey, Attached is the agenda for the closed door session on September 13, 2013, at the Town of Gulf Stream, 100 Sea Road, Gulf Stream, Florida. The court reporter should be there at 5:30 p.m. Thanks Sally JONESFOSTER ti �rvti ruu w crc n u, n+. Sally Matias Secretary to john C. Randolph and II. blichael I aslec Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 sma6as(@,jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Plagler Center lower, 505 South Flagler Drive, Suite 1100, \\ est Palm 'Bench, Florida 33401 561 -659 -3000 1 www.ionesfoster.com U.S. Treasury- Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. TOWN OF GULF STREAM SPECIAL TOWN COMMISSION MEETING CALLED BY THE MAYOR PURSUANT TO SECTION 286.011(08), FLORIDA STATUTES TOWN OF GULF STREAM TOWN HALL 100 SEA ROAD AGENDA FRIDAY, SEPTEMBER 13, 2013 Meeting to commence immediately following the September 13, 2013, 5:01 p.m. Budget Hearing CALL TO ORDER AND ROLL CALL APPROVAL OF AGENDA III. MAYOR ORTHWEIN ANNOUNCES: A. PURSUANT TO SECTION 286.011(8), FLORIDA STATUTES, THE TOWN COMMISSION IS ADJOURNING AND COMMENCING A CLOSED DOOR ATTORNEY CLIENT SESSION FOR THE PURPOSE OF DISCUSSING SETTLEMENT NEGOTIATIONS AND /OR STRATEGY RELATING TO LITIGATION AND EXPENSES IN THE CASE OF JOEL CHANDLER VS TOWN OF GULF STREAM, CASE NO. 2013 CA 007789 XXXX MB AN, FIFTEENTH JUDICIAL CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA B. THE ESTIMATED LENGTH OF THE SESSION IS APPROXIMATELY ONE —HALF HOUR. C. THOSE PERSONS ATTENDING THE SESSION ARE: MAYOR JOAN ORTHWEIN; TOWN COMMISSIONERS DONNA S. WHITE, W. GARRETT DERING, ROBERT GANGER AND THOMAS STANLEY; TOWN MANAGER WILLIAM H. THRASHER; TOWN ATTORNEY JOHN C. RANDOLPH; AND COURT REPORTER FROM LEY & MARSAA COURT REPORTERS, INC. D. ATTENDEES ASSEMBLE IN CHAMBERS IV. RECONVENE COMMISSION MEETING V. ANY OTHER MATTERS VI. ADJOURNMENT Kelly Avery From: Randolph, John C. Sent: Thursday, September 05, 2013 4:22 PM To: 'William Ring' Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream Please be advised that the offer contained within your email of August 14, 2013, relating to the above referenced matter, has been scheduled to be heard by the Town Commission at an attorney client closed door session on Friday, September 13, 2013. The Commission meeting begins at 3:30 p.m. and it will be at that time that I will ask for the attorney client session. Assuming my request is granted, the session will take place immediately following the 5:01 p.m. public hearing relating to the budget. Please give me a call at your convenience so we can discuss this matter further Thank you. JOHN C. RANDOLPH JONESFOSTER I UVa QI ONi F.A John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolph(@,jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100. \Vest Palm Beach, Florida 33401 561 -659 -3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. 'llus email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: William Ring [mailto :wring @commerce- group.com] Sent: Wednesday, August 14, 2013 6:13 PM To: Randolph, John C. Cc: Ryan Witmer; William Ring; Richman, Ashlee A. Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream Skip: This email is sent for settlement purposes. We need to speak about the Joel Chandler vs. Gulf Stream Public Records Lawsuit. After discussing the matter with Mr. Chandler, here is what we would like to see happen to settle the case: 1. Pay to us the sum of $2,000.00. This would be for our attorney's fees and costs. 2. Provide the requested records to Mr. Chandler. 3. Withdraw /strike /retract the statements made in your motion and answer which assert that Mr. Chandler is essentially a puppet of Marty O'Boyle. This was very insulting to Mr. Chandler (and not true). Unfortunately, time is not our friend. We must, on Friday, file several motions responding to your Answer and Motion to Transfer. Let me know your thoughts. CC: Ashlee Richman, Ryan Witmer William F. Ring 954 - 570- 3510(ph) 954 - 360- 0807(fax) 954 - 328 -4383 (cell) Kelly Avery From: Matias, Sally Sent: Thursday, September 05, 2013 9:13 AM To: 'Rita Taylor' Subject: Agenda for Closed Door Session September 13, 2013 Attachments: 1 H07231- agenda closed door session.DOCX Rita, Attached is the agenda for the 9/13/13 closed door session. I will arrange for the court reporter to be there — what time should I tell them 5:30 p.m. ? JONESFOSTER Iu1lYb luS 6♦ILO 11. Sally Matias Secretare to john C. Randolph and It. itGchael Easley Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smatias _'onesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33+01 561- 659 -3000 1 wwwJonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. TOWN OF GULF STREAM SPECIAL TOWN COMMISSION MEETING CALLED BY THE MAYOR PURSUANT TO SECTION 286.011(08), FLORIDA STATUTES TOWN OF GULF STREAM TOWN HALL 100 SEA ROAD AGENDA FRIDAY, SEPTEMBER 13, 2013 Meeting to commence immediately following the September 13, 2013, 5:01 p.m. Budget Hearing CALL TO ORDER AND ROLL CALL IL APPROVAL OF AGENDA III. MAYOR ORTHWEIN ANNOUNCES: A. PURSUANT TO SECTION 286.011(8), FLORIDA STATUTES, THE TOWN COMMISSION IS ADJOURNING AND COMMENCING A CLOSED DOOR ATTORNEY CLIENT SESSION FOR THE PURPOSE OF DISCUSSING SETTLEMENT NEGOTIATIONS AND /OR STRATEGY RELATING TO LITIGATION AND EXPENSES IN THE CASE OF JOEL CHANDLER VS TOWN OF GULF STREAM, CASE NO. 2013 CA 007789 XXXX MB AN, FIFTEENTH JUDICIAL CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA B. THE ESTIMATED LENGTH OF THE SESSION IS APPROXIMATELY ONE —HALF HOUR. C. THOSE PERSONS ATTENDING THE SESSION ARE: MAYOR JOAN ORTHWEIN; TOWN COMMISSIONERS DONNA S. WHITE, W. GARRETT DERING, ROBERT GANGER AND THOMAS STANLEY; TOWN MANAGER WILLIAM H. THRASHER; TOWN ATTORNEY JOHN C. RANDOLPH; AND COURT REPORTER FROM LEY & MARSAA COURT REPORTERS, INC. D. ATTENDEES ASSEMBLE IN CHAMBERS IV. RECONVENE COMMISSION MEETING V. ANY OTHER MATTERS VI. ADJOURNMENT Electronically Filed 12/18/2013 11:40:59 AM ET IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JOEL CHANDLER, Plaintiff, V. CASE NO.: 2013 CA 007789 XXXX MB AN THE TOWN OF GULF STREAM, Defendant. JOINT STIPULATION OF DISMISSAL. WITH PREJUDICE This Joint Stipulation of Dismissal is made between Plaintiff Joel Chandler ( "Chandler ") and Defendant Town of Gulf Stream (the "Town ") (together, the "Parties "). The Parties have reached an agreement to fully and finally dispose of this action. Among other things, the Parties have agreed as follows: That the above styled action is hereby dismissed with prejudice. 2. That the Town hereby withdrawals, retracts, and voluntarily strikes the averments set forth in paragraph 44 of the Town's Answer to the Complaint that the Plaintiff was acting at the direction of another party, person or entity. Joa 'Connor, Esquire Flori a Bar No. 0498807 ioconnor@ionesfoster.com Ashlee A. Richman, Esquire Florida Bar No. 0091609 arichman@ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 Attorneys for Defendant William F. Ring, Jr. Esquire Florida Bar No.: 961795 wring@commerce-group.com William F. Ring, Jr. ESQUIRE P.A. 1280 W. Newport Center Dr. Deerfield Beach, Florida 33442 Telephone: (954) 570 -3510 Fax: (954)360 -0807 Attorney for Plaintiff Kelly Avery From: Matias, Sally Sent: Wednesday, September 04, 2013 3:12 PM To: 'Rita Taylor' Subject: Chandler closed door session Attachments: 1 H07040- consideration of scheduling closed door session.DOCX Rita Here is the correct language to be included in the September 13, 2013, Town Commission Agenda. I'm working on the agenda for the closed door session itself. JONESFOSTER Sally Matias Secretary to John C. Randolph and 11. Ahchacl I asiey Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smatiasOijonesfoster.com Jones, l= Oster, Johnston & Stubbs, P.A. Flagler Center'l'ower, 505 South Flagler Drive, Suite 1100, \Vest Palm Beach, 1= lorida 33401 561 -659 -3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming cmails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. Consideration of scheduling an Attorney /Client session regarding Joel Chandler vs Town of Gulf Stream, Case No. 2013 CA 007789 XXXX MB AN, Fifteenth Judicial Circuit Court in and for Palm Beach County, Florida. Discussion of the matter to begin immediately following the 5:01 p.m. Budget Hearing on Friday, September 13, 2013, in the Town Commission Chambers, 100 Sea Road, Gulf Stream, Florida. Attorney /Client Session Attendees: Mayor Joan Orthwein; Town Commissioners Donna S. White, W. Garrett Dering, Robert Ganger and Thomas Stanley; Town Manager William H. Thrasher, Town Attorney John C. Randolph and Court Reporter from Ley & Marsaa Court Reporters, Inc. p: \docs \13147 \00024 \doc \1 h07040.docx Kelly Avery From: Randolph, John C. Sent: Tuesday, September 03, 2013 10:10 AM To: 'Bill Thrasher' (bhrasher @gulf - stream.org); 'Rita Taylor' Subject: FW: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream Bill and Rita, We need to talk about this settlement and present it at a closed door session of the Town Commission. In regard to the settlement, are the records requested by Mr. Chandler immediately available so we can provide them along with whatever sum the Commission decides to pay to settle this matter? Thank you. JOHN C. RANDOLPH JONESFOSTER John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 I irandolpheionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 www.ionesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received dais in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: William Ring [mailto :wring @commerce- group.com] Sent: Wednesday, August 14, 2013 6:13 PM To: Randolph, John C. Cc: Ryan Witmer; William Ring; Richman, Ashlee A. Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream Skip: This email is sent for settlement purposes. We need to speak about the Joel Chandler vs. Gulf Stream Public Records Lawsuit. After discussing the matter with Mr. Chandler, here is what we would like to see happen to settle the case: 1. Pay to us the sum of $2,000.00. This would be for our attorney's fees and costs. 2. Provide the requested records to Mr. Chandler. 3. Withdraw /strike /retract the statements made in your motion and answer which assert that Mr. Chandler is essentially a puppet of Marty O'Boyle. This was very insulting to Mr. Chandler (and not true). Unfortunately, time is not our friend. We must, on Friday, file several motions responding to your Answer and Motion to Transfer. Let me know your thoughts. 01 CC: Ashlee Richman, Ryan Witmer William F. Ring 954- 570- 3510(ph) 954- 360- 0807(fax) 954 - 328 -4383 (cell) Kelly Avery From: Randolph, John C. Sent: Monday, August 19, 2013 9:53 AM To: 'Bill Thrasher' (bhrasher @gulf- stream.org); 'Rita Taylor' Subject: FW: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream Bill and Rita, I will need to have the Town Commission consider this settlement offer. I will follow up with you soon in regard to the timing. JOHN C. RANDOLPH JONESFOSTER JwG� � u•: n ti I rnu'.. F.A. John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandolphajonesfoster.com .Jones, Foster, Johnston & Stubbs, P.A. Plagler Center Tower, 505 South Flagler Drive, Suite 1100, Vlest Palm I3each, Florida 33401 561 -659 -3000 1 www.jonesfoster.com U.S. "Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. if so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: William Ring [mailto :wring @commerce- group.com] Sent: Wednesday, August 14, 2013 6:13 PM To: Randolph, John C. Cc: Ryan Witmer; William Ring; Richman, Ashlee A. Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream Skip: This email is sent for settlement purposes. We need to speak about the Joel Chandler vs. Gulf Stream Public Records Lawsuit. After discussing the matter with Mr. Chandler, here is what we would like to see happen to settle the case: 1. Pay to us the sum of $2,000.00. This would be for our attorney's fees and costs. 2. Provide the requested records to Mr. Chandler. 3. Withdraw /strike /retract the statements made in your motion and answer which assert that Mr. Chandler is essentially a puppet of Marty O'Boyle. This was very insulting to Mr. Chandler (and not true). Unfortunately, time is not our friend. We must, on Friday, file several motions responding to your Answer and Motion to Transfer. Let me know your thoughts. 01 CC: Ashlee Richman, Ryan Witmer William F. Ring 954 -570 -3510 (ph) 954- 360 -0807 (fax) 954 - 328 -4383 (cell) Kelly Avery From: William Ring <wring @commerce - group.com> Sent: Wednesday, August 14, 2013 6:13 PM To: Randolph, John C. Cc: Ryan Witmer; William Ring; Richman, Ashlee A. Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream Skip: This email is sent for settlement purposes. We need to speak about the Joel Chandler vs. Gulf Stream Public Records Lawsuit. After discussing the matter with Mr. Chandler, here is what we would like to see happen to settle the case: 1. Pay to us the sum of $2,000.00. This would be for our attorney's fees and costs. 2. Provide the requested records to Mr. Chandler. 3. Withdraw /strike /retract the statements made in your motion and answer which assert that Mr. Chandler is essentially a puppet of Marty O'Boyle. This was very insulting to Mr. Chandler (and not true). Unfortunately, time is not our friend. We must, on Friday, file several motions responding to your Answer and Motion to Transfer. Let me know your thoughts. 7W CC: Ashlee Richman, Ryan Witmer William F. Ring 954 - 570- 3510(ph) 954- 360- 0807(fax) 954 - 328 -4383 (cell) CLOSED -DOOR SESSION O RI'GINA L TOWN OF GULFSTREAM TOWN OF GULFSTREAM TOWN HALL SEPTEMBER 13, 2013 6:10 p.m. to 6:35 p.m. IN ATTENDANCE: MAYOR JOAN ORTHWEIN DONNA S. WHITE, Commissioner W. GARRETT DERING, Commissioner ROBERT GANGER, Commissioner THOMAS STANLEY, Commissioner WILLIAM THRASHER, Town Manager JOHN C. RANDOLPH, Town Attorney JULIE ANDOLPHO, Court Reporter PLEASANTON, GREENHILL, MEEK & MARSAA 561/633.7611 9 1 MR. RANDOLPH: I just wanted to announce that 2 this is a closed -door session pursuant to Florida 3 statute. 4 Even though it's a closed -door session as you 5 can see from the presence of the court reporter 6 there's a transcript of this meeting being made, 7 and that transcript becomes public upon settlement B of the lawsuit or any appeals connected therewith. 9 I would ask, because this is being 10 transcribed, you speak one at a time so that all 11 your comments can be made part of the record. 12 I would further ask that you keep in mind, 13 because this is a public record afterwards, that 14 you not say anything at this meeting that you would 15 not want to see in the press or have read by 16 someone else after the meeting. 17 It's closed door because I asked your advice 18 with regard to a proposed settlement agreement, and 19 that settlement agreement has been put before you. 20 Basically, it's to pay -- this is the last public 21 records lawsuit pending. All the others have been 22 dismissed. 23 Joel chandler had his own -- excuse me -- 24 question? 25 MR. DERING: Question, I really don't know PLEASANTON, GREENHILL, MEEK & MARSAA 561/633.7811 3 1 what this is all about. Can you tell us what the 2 suit is about? 3 MR. RANDOLPH: Um'hum. 4 MR. DERING: Okay. 5 MR, RANDOLPH: The proposal in this remaining 6 lawsuit is to pay the sum of $2,000 which would be 7 for their attorney fees and costs and to provide 8 the records that were requested to Mr. Chandler, 9 and they say in here to withdraw or strike 10 statements made in our motion and answer which is 11 Mr. Chandler is essentially a puppet of Marty 12 O'Boyle. And it says this was insulting to 13 Mr. Chandler. 14 This was a public records lawsuit that was 15 filed as a result of Mr. Chandler coming in along 16 with Mx.O'Boyle and I believe one other person. 17 MR. THRASHER: Correct. 18 MR. RANDOLPH: I believe there were three 19 people that came in. 20 Mr. Chandler asked for certain public records 21 which Rita left the room and made, and upon her 22 return she presented him a bill for 15 cents per 23 copy and a bill for her labor in the amount of, I 24 think, $3.50, something like, that is set forth in 25 the complaint. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 4 1 He challenged her there at that time and said 2 you're not entitled to charge me 15 cents a page 3 and you're not entitled to charge for the labor 4 under the statute. She basically, allegedly, said 5 that, well, I prepared the records for you in 6 response to your request, they're here if you want 7 them. He -- then he left. e Subsequently he filed a public records request 9 which was filed by William Ring who also represents 10 and represented Mr.O'Boyle and stated that the Town it was violating the public records law by charging 12 more than the statutory rate. His claim was that 13 you can't charge 15 cents per page you can only 14 charge cost of duplication for the copies that he 15 received which were 11 by 17. They were oversized 16 copies and the statute states that for oversized 17 copies you can only charge the cost of duplication. 18 He claims cost and duplication was less than 15 19 cents per page. 20 There's an argument to be made in regard to 21 what the statute means there. Some contend the 22 statute means he's charged 15 cents a page for 23 regular sized copies but you can charge more for 24 oversized copies. But that's not the way the 25 statute reads. It says you can only charge actual PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 I cost of duplication fox oversized copies. That's 2 one of the issues in the lawsuit. The other issue 3 in the lawsuit is she shouldn't have charged for 4 her labor costs because it didn't really require 5 extra -- extraordinary costs of her labor time. 6 She felt it did because she felt it was a 7 cumulative kind of thing attached to other public 8 records requests that were made. 9 We did file a response to this and argued in 10 our response that Mr. Chandler -- we did not say in 11 our response that Mr. Chandler was a puppet of 12 Mr. O'Boyle. 13 The response basically said that we feel that 14 he was here with Mr.O'Boyle and Rita felt that this 15 was all part of Mr, O'Boyle's public records 16 request and therefore filed a response saying that 17 and that's why she felt justified in charging a 18 labor charge because she felt that this was a 19 cumulative charge. 20 If we go to -- if we go to court on this it's 21 going to cost you much more than $2,000. 22 Mr. Chandler, by the way, has filed several of 23 these kinds of public records lawsuits throughout 24 the state. His name is well -known in communities 25 throughout the state where he's filed similar PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 G 1 public records requests. Several communities have 2 settled with him on a financial basis, some for 3 less money. 4 What I'm asking today is for me to have the 5 authority to -- if you approve it -- to go ahead 6 and settle for up to the $2,000. What I'd like to 7 do is to have the opportunity to negotiate for a 8 lesser amount and see whether or not that is 9 acceptable. 10 You cannot settle a case in a setting like 11 this. You have to settle a case in a public 12 setting. You do not make motions at this meeting 13 today to settle this case. You can give me 14 direction to negotiate to settle along the terms 15 that are suggested in here. 16 The public records themselves, which is listed 17 at Item 2, have been made, and those public records 18 will be provided to Mr. chandler. 19 The sum of $2,000 could be paid subject to 20 your giving me direction to do that. I can't tell 21 you how much the -- if we go to court it may cost 22 you $10,000 to settle this case. 23 Another way to handle it would be to just 24 admit the allegations in the complaint. 25 Quite frankly, I think the $2,000 is a little PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 7 1 bit high for just having filed the complaint 2 particularly in light of the fact that several of 3 these complaints were being filed at the same time 4 and I think this was fairly boilerplate. 5 Mr. Ring has stated he kept his fees low in 6 order to be able to settle this case. 7 I think it's reasonable to get this last 8 public records case off our plate, and I would like 9 to have the opportunity to negotiate up to $2,000 10 to do so. 11 Item 3, I don't know how to withdraw, strike 12 or retract the statements that were made in our 13 motion and answer. They're part of the court 14 record and I can't -- I can't get rid of what's 15 already part of the record. So I don't know 16 whether he's seeking some sort of an apology from 17 us or not. We were just basically setting forth 18 our best affirmative defense to the complaint. 19 I'm happy to answer any questions that you may 20 have. 21 MR. GANGER: I have a couple of questions 22 which are mystifying to me. 23 Mr. Ring is Mr.O'Boyle's attorney and Brian 24 Whitmer worked for Mr.O'Boyle and was also named 25 and he withdrew his suit. GREENHILL, MEEK & MARSAA 561/833.7811 r. I MR. THRASHER: Brian Whitmer is the third 2 person -- 3 MR. RANDOLPH: He was the third person there 4 and he did dismiss his lawsuit. But when we did 5 this settlement we had agreed that Mr. Chandler was 6 separate and apart from the O'Boyle lawsuits. 7 MR. GANGER: I remember that. 8 MR. RANDOLPH: And, therefore, that one 9 remained. It's unfortunate that it did. It would 10 have been nice to get rid of all of them at once. 11 Nevertheless, this is hanging on and Mr. Chandler 12 is claiming he has no relationship to Mr.O'Boyle. 13 It is interesting. 14 I've stated the fact that Mr.O'Boyle's lawyer 15 filed the complaint on his behalf. Mr. Chandler 16 contends that he was separate and apart and didn't 17 have anything to do with Mr.O'Boyle's public 18 records request. 19 MR. STANLEY: Skip, what -- I'll go first -- 20 what are the damages to the Town that we -- on 21 these types of cases if you either, you know, you 22 admit the items in the complaint and then there's a 23 judgment, if you will, entered against the Town? 24 MR. RANDOLPH: None other than the fact that 25 we have to pay attorney's fees and costs. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 I MR. STANLEY: Basically whatever accrues at 2 that time it's just what is justifiable before the 3 judge we would be responsible to pay with the 4 judgment which ultimately could be less than what 5 you could settle for, maybe. 6 MR. RANDOLPH: Maybe. 7 MR. STANLEY: Maybe. 8 MR. RANDOLPH: He can charge for the cost of 9 having an attorney come in and testify as to 10 attorney's fees. 11 MR. STANLEY: An award of fees and costs in 12 other words? 13 MR. RANDOLPH: Yes. 14 MR. STANLEY: That's the answer to my 15 question. 16 MR. RANDOLPH: And a judgment that's against 17 the Town of Gulfstream in the public records case 18 which is published. 19 MR. STANLEY: Obviously. No one ever wants 20 any judgments, so I understand. 21 MR. DERING: You may have said it but I missed 22 it, how many pages did he ask the staff to copy? 23 MR. RANDOLPH: Oh, gosh. I did not say it but 24 I have my file here on the case. 25 MR. DERING: Better yet, what was the total PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 10 1 bill at 15 cents? 2 MR. RANDOLPH: "Plaintiff sought to obtain by 3 personal delivery of written request to Rita 4 Taylor, the Town clerk and records custodian, 5 copies of all plans which are 11 by 17 in size and 6 of which axe in regard to application Number 1 on 7 the agenda of the Town commission meeting dated 8 April 12, 2013 fox the premises known as 3211 North 9 Ocean Boulevard. Town clerk acknowledged receipt 10 of the request and informed plaintiff that the 11 request would take approximately 10 minutes to 12 fulfill. Approximately ten minutes later the Town 13 clerk returned with copies of the requested 14 documents. The Town clerk demanded $6.95 as a 15 condition of access to the public records. The 16 calculation of 6.95 included a charge of 15 cents 17 per 11 by 17 page in addition to a charge for the 18 time spent to retrieve copy and refile the public 19 records." It does not have a breakdown of the 20 number of pages. 21 MR. DERING: I guess I could have asked 22 separately what was the charge. 23 Did she offer at anytime to say, well, if you 24 don't want to pay for them we'll argue that later, 25 but here they are? PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 1] 1 MR. RANDOLPH: No. It's my understanding that 2 she did not. He just left without the records. 3 MR. DERING: So we didn't offer, okay. In any 4 of these -- whatever you call them 5 MR. RANDOLPH: Public records -- 6 MR. DERING: -- no. in your answer to his 7 suit, or whatever, did we ever -- is the word 8 puppet in there anywhere? 9 MR. RANDOLPH: No. 10 MR. DERING: Why is he making this claim? 11 MR. RANDOLPH: He's using his own word to 12 describe the manner in which we filed our answer. 13 I'll tell you what we said exactly. "The Town 14 averse that it is the Town's reasonable belief that 15 the public records request that is the subject of 16 this action was filed at the direction of Martin 17 O'Boyle. The Town averse in support of this belief is the following facts: At the time plaintiff brought 19 the public records request to the Town he was 20 accompanied by O'Boyle who was delivering his own 21 request at the time and another associate of 22 O'Boyle, Ryan Whitmer, who was also delivering a 23 request that the Town believes was submitted at the 24 direction of O'Boyle. The address listed on the 25 public records request is the same address provided PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 12 1 by O'Boyle for the request that he had submitted to 2 the Town. The attorney of record fox plaintiff is 3 also the attorney of record for four other actions 4 brought against the Town by or at O'Boyle's 5 direction with respect to various public records 6 request." And then, the Town averse that more than 7 400 public records requests had been filed, that 8 the Town has produced thousands of pages in 9 response. The about Town averse that the Town 10 staff," blah, blah, blah, "The Town averse that the 11 records custodian was under the impression that the 12 request submitted by O'Boyle, Ryan Whitmer and 13 plaintiff could be treated as cumulative requests 14 fox purpose of charging for extensive use of 15 resources." So that's -- the word puppet was never 16 used. 17 What I'd like to do is go back to Mr. Ring and 18 negotiate a figure with him up to the amount 19 requested unless you just say that you're not 20 willing to go up to $2,000 and the alternative is 21 we either go to court, which is not a good way to 22 go because of the expense, or we file some sort of 23 a statement admitting all of the allegations in the 24 complaint and leaving the matter of attorney fees 25 up to the court. That's still going to cost us PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 13 1 extra money, so I'd like -- 2 MR. DERING: No question about that. I 3 guess -- I guess the issue is somewhere -- I 4 understand settlement is a whole lot cheaper, but 5 the issue is if we keep doing this how many keep 6 coming out of the woodwork? 7 MR. RANDOLPH: Well, we feel like we have a 8 pretty good handle on public records request at 9 this time, at least a better handle. There are 10 many more public -- I mean, Bill, you can talk at 11 this meeting -- but there have been -- I'm not 12 asking you to talk, I'm just telling you that -- 13 there have been other public records requests filed 14 since this time by other groups including Mr. 15 O'Hare who was here, and including others who we 16 don't know who they represent. They might just be 17 people who are following in the footsteps of 18 Chandler to attempt to file a case and get a 19 monetary settlement like is being requested here. 20 But we do have a paralegal, it's actually a law 21 student, who is coming into Town Hall at a very low 22 rate to assist with the public records thing. So 23 we feel like we have a better handle on this than 24 we did back then when all of these were being -- 25 were being filed. Our hope is that if we do that PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 14 1 we can avert future public records request lawsuits 2 by complying exactly with the law as it relates to 3 these things. Now that's not a guarantee that 4 someone is not going to allege that they got some 5 rights to these records and that we may have some 6 disagreement on. But anything you do I suppose 7 could -- could cause a precedent if they see you 8 settled just like any other suit you file may cause 9 a precedent -- that you settle. $2,000 in this 10 case is -- 11 MR. GANGER: Your knowledge base probably 12 isn't any different than mine with respect to Mr. 13 O'Boyle's filing of a lawsuit against the county 14 for a $1.89 charge. Is that -- is the County going 15 to -- according to the newspaper the county said 16 that they, you know, will take that one on. Is 17 there any precedent in what the county is doing is that could be helpful to us in anyway? 19 MR. RANDOLPH: In regard to -- let me just say 20 something. This hearing today has to strictly 21 relate to the settlement that's before you. 22 MR. GANGER: Okay. 23 MR. RANDOLPH: We should not have discussions 24 in regard to other suits -- other matters. 25 MR. GANGER: I understand that. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 15 1 MR. RANDOLPH: I ask if you want to talk about 2 what they might be doing or if there's anything 3 helpful in that regard that we -- that we discuss 4 that at another time. 5 MR. GANGER: Okay, fine. I withdraw the 6 question. 7 MAYOR ORTHWEIN: I would like to point out 8 that we do have Trey, he's a law student, and Keith 9 is very familiar with public records requests on 10 board now. We are handling things in a much more 11 appropriate way going forward. 12 MR. DERING: We have them available. The 13 issue is he didn't want to pay 15 cents. He wanted 14 to pay whatever the actual cost is which nobody 15 knows. 16 MR. RANDOLPH: I think he alleged it was more 17 like 7 or 8 cents, something like that. The fact 18 is -- I'm not sure -- unless you want to go in and 19 fight this case which would cost you a lot more 20 than $2,000, I'm not sure the -- that it serves 21 very much purpose for us to discuss whether we're 22 right or they were right in regard to this public 23 records request. I think we got some, you know, we 24 got some good arguments to make in court, but 25 that's not the issue before you today if you don't PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 16 1 want to go to court and spend money paying me to go 2 to court and possibly pay their attorney fees. The 3 issue today is if you want to get rid of this one 4 and move on. 5 MR. DERING: The issue is if we got any holes 6 in our case or we're pretty ironclad in your 7 opinion legally then you still got to make the 8 judgment -- 9 MAYOR ORTHWEIN: I appreciate all your 10 comments, but under the situation -- the situation 11 we're dealing with and everything that happened 12 with the public records request this summer I think 13 it's -- it would be prudent on our part to give 14 Skip the direction to pay up to 2,000 and try to 15 settle for less. We have everything in place now 16 to deal with public records requests. It was 17 unfortunate we got into this situation but we did, 18 and I think we need to move forward and not tie up 19 and pay more legal fees trying to fight something. 20 That is my opinion. 21 MR. GANGER: I completely -- 22 MR. DERING: I'm not here saying we should 23 fight it. I'm here because -- it's got nothing to 24 do with this, but I've seen these types of things 25 happen before and you keep doing it, guess what, PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 17 1 they keep coming at you. They're paying attorney 2 fees if we win? 3 MR. RANDOLPH: No. 4 MR. DERING: No? 5 MR. RANDOLPH: No. We have to pay their 6 attorney fees. 7 MR. DERING: if we win? 8 MR. RANDOLPH: Right. 9 MAYOR ORTHWEIN: This is something that -- I 10 don't -- 11 MR. DERING: Excuse me a minute. If we go to 12 court we pay our attorney fees -- 13 MR. RANDOLPH: I don't think so -- 14 MR. DERING: -- and we pay their attorney fees 15 even if we win? 16 MR. RANDOLPH: I think the statute provides, 17 and I'll have to look at it and get back to you, 18 but I think the statute provides -- I don't think 19 it says the prevailing party gets attorney's fees. 20 I think it says in the event that the person filing 21 the public records request prevails that they're 22 entitled to their attorney fees. 23 MR. DERING: So if they prevail we pay their 24 attorney's fees. If they don't we pay ours and 25 they pay theirs? PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 18 1 MR. RANDOLPH: Yes. 2 MR. DERING: Excuse me, I just wasn't clear. 3 MAYOR ORTHWEIN: That's fine if you want to 4 clarify that. 5 MR. GANGER: Joan, you made the point, and 6 it's a point well taken. This is one you want 7 behind you. I'm 100 percent confident Skip will do B his damnedest to get a fair settlement. I think 9 $2,000 is an outrageous amount of money for what -- 10 for this purpose. I would start lower and it authorize you to go to $2,000 and do it quickly. 12 As you say here, time is not our friend and -- 13 MR. RANDOLPH: That was his letter. 14 MR. GANGER: I understand. But I think -- I 15 understand where he is, too. This could drag out 16 and cost more and more money and more angst and 17 everything else. 18 MR. RANDOLPH: I will use my discretion in 19 regard to Item 3. I told Bill Ring we can't redact 20 something that's already filed in the court. So he 21 may ask for a -- something else. But if he does 22 I'll have to come back to you. Remember, whatever 23 happens in regard to the settlement has got to be 24 done in public, so if there's a -- a nuance to this 25 that I haven't presented to you today I would come PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 19 1 back to you in another short closed -door session 2 and tell you what happened and then we can settle 3 at the public meeting after. 4 If it's your consensus today that you give me 5 the authority to negotiate up to $2,000 on this 6 settlement I will do that and then when you resume 7 at your public part of the meeting there's nothing 8 to announce because you haven't settled yet, but 9 you could say we had the meeting, we've given 10 Mr. Randolph direction in regard to how to proceed 11 period. That's what you would do at the public 12 meeting and then you would adjourn. 13 MR. GANGER: Just for facts, because if 14 somebody reads this in the public record, is this 15 gentleman who brought this a resident or 16 representing a resident? 17 MR. RANDOLPH: No. No, he's not a resident. 18 MR. GANGER: I personally -- that's germane to 19 me. 20 MS. WHITE: Do you know his profession? 21 MR. RANDOLPH: He's an attorney -- 22 MS. WHITE: He's an attorney -- 23 MR. RANDOLPH: -- maybe he's not. 24 MR. THRASHER: I do not believe he is. This 25 is how he makes his money he and his brother. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 20 1 MR. RANDOLPH: What's the name of the 2 organization? 3 MR. THRASHER: Fogwatch, one word. 4 MR. RANDOLPH: You're right, he's not an 5 attorney. 6 If there's not -- there should be a bullet 7 here, but if it's the consensus that we proceed as 8 Mr. Ganger has suggested to allow me to negotiate 9 to resolve this lawsuit and get a dismissal and 10 releases up to $2,000 I will go ahead and do that 11 unless I hear something from you to the contrary. 12 MAYOR ORTHWEIN: I'm in agreement with that, 13 obviously, that's what I stated. 14 MR, STANLEY: I'm in agreement. 15 MR. RANDOLPH: okay. We can adjourn this 16 closed door session at this point. This meeting 17 will terminate. We'll go back into public session. 18 if there's still members of the public that are 19 waiting we should ask them to come in. 20 MR. GANGER: I don't believe there are. Rita 21 has to come back for the adjournment. 22 MAYOR ORTHWEIN: We're adjourned. 23 (Whereupon the session is concluded at 6:35 p.m.) 24 25 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 CERTIFICATE OF REPORTER STATE OF FLORIDA / ) COUNTY OF /� ' ) I, JULIE ANDOLPHO, Court Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that such transcription, Pages 1 through ZI , herein is a true and accurate record of my stenographic notes. I further certify that I am not a relative or employee or attorney or counsel of any of the parties, nor a relative or employee of such attorney or counsel, or financially interested, directly or indirectly, in this action. The certification does not apply to any reproduction of the same by any means unless under the direct control and /or direction of the reporter. Dated this 11. ay of I I�pL(tj 2013. Court Reporter. $1.89 14:14 $10,000 6:22 $2,000 3:6 5:21 6:6,19,25 7:9 12:20 14:9 15:20 18:9,11 19:5 20:10 $3.50 3:24 $6.95 10 :14 1 1 10:6 21:7 10 10:11 100 18:7 11 4:15 10:5,17 12 10:8 13 1:6 15 3:22 4:2,13,18,22 10:1,16 15:13 15th 21:20 17 4:15 10:5,17 2 2 6:17 2,000 16:14 2013 1:6 10:8 21:20 21 21:7 3 3 7:11 18:19 3211 10:5 4 400 12:7 6 6.95 10:16 6:10 1:6 6:35 1:6 20:23 7 T1-9: 6 T1-9: able 7:6 acceptable 6:9 access 10:15 accompanied 11:20 according 14:15 accrues 9:1 acknowledged 10:9 action 11:16 21:13,14 actions 12:3 actual 4:25 15:14 actually 13:20 addition 10:17 address 11:24,25 adjourn 19:12 20:15 adjourned 20:22 adjournment 20:21 admit 6:24 8:22 admitting 12:23 advice 2:17 affirmative 7:18 afterwards 2:13 against 8:23 9:16 12:4 14:13 agenda 10:7 agreed B:5 agreement 2:18,19 20:12,14 ahead 6:5 20:10 allegations 6:24 12:23 allege 14:4 alleged 15:16 allegedly 4:4 allow 20:8 already 7:15 18:20 alternative 12:20 am 21:10,11,13 amount 3:23 6:8 12:18 18:9 and /or 21:17 Andolpho 1:18 21:4,22 angst 18:16 announce 2:1 19:8 answer 3:10 7:13,19 9:14 11:6,12 anything 2:14 B:17 14:6 15:2 anytime 10:23 anyway 14:18 anywhere 11:8 apart 8:6,16 apology 7:16 appeals 2:8 application 10:6 apply 21:16 appreciate 16:9 appropriate 15:11 approve 6:5 approximately 10:11,12 April 10:8 argue 10:24 argued 5:9 argument 4:20 arguments 15:24 assist 13:22 associate 11:21 attached 5:7 attempt 13:18 ATTENDANCE 1:10 attorney 1:17 3:7 7:23 9:9 12:2,3,24 16:2 17:1,6,12,14,22 19:21,22 20:5 21:10,12 attorney's 8:25 9:10 17 :19,24 authority 6:5 19:5 authorize 18:11 authorized 21 :5 available 15:12 averse 11:14,17 12:6,9,10 avert 14:1 award 9:11 B base 14:11 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 Page 1 of 5 basically 2:20 4:4 5:13 7:17 9:1 basis 6:2 BEACH 21:2 becomes 2:7 behalf 8:15 behind 18:7 belief 11:14,17 believe 3 :16,18 19:24 20:20 believes 11:23 best 7:18 better 9:25 13:9,23 bill 3:22,23 10: 13:10 18:19 bit 7:1 blah 12:10 board 15:10 boilerplate 7:4 Boulevard 10:9 breakdown 10:19 Brian 7:23 8:1 brother 19:25 brought 11:18 12:4 19:15 bullet 20:6 C calculation 10:SE case 6:10,11,13,22 7:6,8 9:17,24 13:16 14:10 15:19 16:6 cases 8:21 cause 14:7,8 cents 3:22 4 :2,13,19,22 10:1,16 15:13,17 certain 3:20 certification 21:15 certify 21:5,10 certifying 21:18 challenged 4:1 Chandler 2:23 3:8,11,13,15,20 5:10,11,22 6:18 8:5,11,15 13:18 charge 4:2,3,13,14,17, 23,25 5:18,19 9:8 10:16,17,22 14:14 charged 4:22 5:3 charging 4:11 5:17 12:14 cheaper 13:4 claim 4:12 11:10 claiming B:12 claims 4:18 Clarify 1B:4 clear 1B:2 clerk 10:4,9,13,14 closed 2:17 20:16 closed -door 1:1 2:2,4 19:1 21:6,9 coming 3:15 13:6,21 17:1 comments 2:11 16:10 commission 10:7 Commissioner 1:12,13,14,15 communities 5:24 6:1 complaint 3:25 6:24 7:1,18 8:15,22 12:24 complaints 7:3 completely 16:21 complying 14:2 concluded 20:23 condition 10:15 confident 18:7 connected 2:8 21:12 consensus 19:4 20:7 contend 4:21 contends 8:16 contrary 20:11 control 21:17 copies 4:14,16,17,23,2 4 5:1 10:5,13 copy 3:23 9:22 10:18 correct 3:17 21:8 cost 4:14,17,18 5:1,21 6:21 9:8 12:25 15:14,19 18:16 costs 3:7 5:4,5 8:25 9:11 counsel 21:11,12 county 14:13,14,15,17 21:2 couple 7:21 court 1:18 2:5 5:20 6:21 7:13 12:21,25 15:24 16:1,2 17:12 18:20 21:22 cumulative 5:7,19 12:13 custodian 10:4 12:11 D damages 8:20 damnedest 18:8 dated 10:7 day 21:20 deal 16:16 dealing 16:11 defense 7:18 delivering 11:20,22 delivery 10:3 demanded 10:14 DERING 1:13 2:25 3:4 9;21,25 10:21 11:3,6,10 13:2 15:12 16:5,22 17:4,7,11,14,23 18:2 describe 11:12 different 14:12 direct 21:17 direction 6:14,20 11:16,24 12:5 16:14 19:10 21:17 disagreement 14:6 discretion 18:18 discuss 15:3,21 discussions 14:23 dismiss 8:4 dismissal 20:9 dismissed 2:22 documents 10:14 done 18:24 DONNA 1:12 door 2:17 20:16 drag 18:15 duplication 4:14,17,18 5:1 E either 8:21 12:21 else 2:16 18:17,21 employee 21:12 entered 8:23 entitled 4:2,3 17:22 essentially 3 :11 event 17:20 everything 16:11,15 18:17 exactly 11:13 14:2 excuse 2:23 17:11 18:2 expense 12:22 extensive 12:14 extra 5:5 13:1 extraordinary 5:5 F fact 7:2 8:14,24 15:17 facts 11:18 19:13 fair 18:8 fairly 7:4 familiar 15:9 feel 5:13 13:7,23 fees 3:7 7:5 8:25 9:10,11 12:24 16:2,19 17:2,6,12,14,19 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 Page 2 of 5 ,22,24 felt 5:6,14,17,18 fight 15:19 16:19,23 figure 12:18 file 5:9 9:24 12:22 13:18 14:8 filed 3:15 4:8,9 5:16,22,25 7:1,3 8:15 11:12,16 12:7 13:13,25 18:20 filing 14:13 17:20 financial 6:2 financially 21:13 fine 15:5 18:3 first 8:19 Florida 2:2 21:2 Fogwatch 20:3 footsteps 13:17 foregoing 21:15 forgoing 21:6 forth 3:24 7:17 forward 15:11 16:18 frankly 6:25 friend 18:12 fulfill 10:12 future 14:1 G Ganger 1:14 7:21 8:7 14:11,22,25 15:5 16:21 18:5,14 19:13,18 20:8,20 GARRETT 1:13 gentleman 19:15 germane 19:18 gets 17:19 given 19:9 giving 6:20 gosh 9:23 groups 13:14 guarantee 14:3 guess 10:21 13:3 16:25 Gulfstream 1:1,5 9:17 H Hall 1:5 13:21 hand 21:20 handle 6:23 13:8,9,23 handling 15:10 hanging 8:11 happen 16:25 happened 16:11 19:2 happens 18:23 happy 7:19 haven't 18:25 19:8 having 7:1 9:9 bear 20:11 hearing 14:20 helpful 14:18 15:3 hereby 21:5 hereunto 21:19 he's 4:22 5:25 7:16 11:11 15;B 19:17,21,22,23 20:4 high 7:1 holes 16:5 hope 13:25 I I'd 6:6 12:17 13:1 I'll 8:19 11:13 17:17 18:22 I'm 6:4 7:19 13:11,12 15:18,20 16:22,23 18:7 20:12,14 impression 12:11 included 10:16 including 13:14,15 inclusive 21:7 informed 10:10 insulting 3:12 interested 21:13 interesting 8:13 ironclad 16:6 isn't 14:12 issue 5 :2 13:3,5 15:13,25 16:3,5 issues 5:2 Item 6:17 7:11 18:19 items 8:22 it's 2:4,17,20 5:20 7:7 8:9 9:2 11:1 13:20 16:13,23 18:6 19:4 20:7 I've 6:14 16:24 J Joan 1:11 1B:5 Joel 2:23 JOHN 1:17 judge 9:3 judgment 8:23 9:4,16 16:8 judgments 9:20 Julie 1:18 21:4,22 justifiable 9:2 justified 5 :17 K Keith 15:8 kinds 5:23 knowledge 14:11 known 10:8 L labor 3:23 4:3 5:4,5,18 last 2:20 7:7 latex 10:12,24 law 4:11 13:20 14:2 15:8 lawsuit 2 :8,21 3:6,14 5;2,3 8:4 14:13 20:9 lawsuits 5:23 6:6 14:1 lawyer 8:14 least 1319 leaving 12:24 legal 16:19 legally 16:7 less 4:16 6:3 9:4 16:15 lesser 6:8 letter 18:13 light 7:2 listed 6:16 11;24 little 6:25 lot 13:4 15:19 low 7:5 13:21 lower 18:10 M Manager 1:16 manner 11:12 Martin 11:16 Marty 3:11 matter 12:24 matters 14:24 may 6:21 7:19 9:21 14:5,8 18:21 maybe 9:5,6,7 19:23 MAYOR 1:11 15:7 16:9 17:9 18:3 20:12,22 mean 13:10 means 4:21,22 21:17 meeting 2:6,14,16 6 :12 10:7 13:11 19:3,7,9,12 20:16 members 20 :18 mind 2:12 mine 14:12 minute 17:11 minutes 10:11,12 missed 9;21 monetary 13:19 money 6:3 13:1 16:1 18:9,16 19:25 PLEASANTON, GREENHILL, MEEK & MARSAA 561/633.7811 Page 3 of 5 motion 3:10 7:13 motions 6:12 move 16:4,18 Mr.O'Boyle 3:16 4:10 5:14 7:24 8 :12 Mr.O'Boyle's 7:2 8:14,17 mystifying 7:22 N negotiate 6:7,14 7:9 12:18 19:5 20:8 Nevertheless 8:1 newspaper 14:15 nice 8:10 nobody 15:14 None 8:24 nor 21:11,13 North 10:8 notes 21:8 nothing 16:23 19:7 nuance 18:24 0 O'Boyle 3:12 5:12 8:6 11:17,20,22,24 12:1,12 O'Boyle's 5:15 12:4 14:13 obtain 10:2 obviously 9:19 20:13 Ocean 10:9 offer 10:23 11:3 Oh 9:23 O'Hare 13:15 okay 3:4 11:3 14:22 15:5 20:15 opinion 16:7,20 opportunity 6:7 7:9 order 7:6 organization 20:: ORTHWEIN 1:11 15:7 16:9 17:9 18:3 20:12,22 others 2:21 13:15 ours 17:24 outrageous 18:9 oversized 4:15,16,24 5:1 P p.m 1:6 20:23 page 4:2,13,19,22 10:17 pages 9:22 10:20 12:8 21:7 paid 6:19 PALM 21:2 Paralegal 13:20 particularly 7:2 parties 21:11 party 17:19 21:12 pay 2:20 3:6 8:25 9:3 10:24 15:13,14 16:2,14,19 17:5,12,14,23,2 4,25 paying 16:1 17:1 pending 2:21 people 3:19 13:17 per 3:22 4:13,19 10:17 percent 18:7 period 19:11 person 3:16 8:2,3 17:20 personal 10:3 personally 19:18 plaintiff 10:2,10 11:18 12:2,13 plans 10:5 plate 7:8 point 15:7 18:5,6 20;16 possibly 16:2 precedent 14:7,9,17 premises 10:B prepared 4:5 presence 2:5 presented 3:22 18:25 press 2 :15 pretty 13:8 16:6 prevail 17:23 prevailing 17:19 prevails 17:21 probably 14:11 proceed 19:10 20:7 produced 12:8 profession 19:20 Professional 21:4 proposal 3:5 proposed 2:18 Provide 3:7 provided 6:18 11:25 Provides 17:16,18 prudent 16 :13 Public 2:7,13,20 3:14,20 4:8,11 5:7,15,23 6:1,11,16,17 7:8 8:17 9:17 10:15,18 11:5,15,19,25 12:5,7 13:8,10,13,22 14:1 15:9,22 16:12,16 17:21 18:24 19:3,7,11,14 20:17,18 published 9:18 Puppet 3:11 5:11 11:8 12:15 purpose 12:14 15:21 10:10 pursuant 2:2 4 question 2:24,25 9:15 13:2 15:6 questions 7:19,21 quickly 18:11 Quite 6:25 R Randolph 1:17 2:1 3:3,5,18 8:3,8,24 9:6,8,13,16,23 1012 11:1,5,9,11 13:7 14:19,23 15:1,16 17:3,5,8,13,16 18:1,13,18 19:10,17,21,23 20:1,4,15 rate 4:12 13:22 reads 4:25 19:14 really 2:25 5:4 reasonable 7:7 11:14 receipt 10:9 received 4:15 record 2:11,13 7:14,15 12:2,3 19:14 records 2:21 3:8,14,20 4:5,8,11 5:8,15,23 6:1,16,17 7:8 8:18 9:17 10:4,15,19 11:2,5,15,19,25 12:5,7,11 13:8,13,22 14:1,5 15:9,23 16:12,16 17:21 redact 18:19 refile 10:18 regard 2:18 4:20 10;6 14:19,24 15:3,22 18:19,23 19:10 regular 4:23 relate 14:21 relates 14:2 relationship 8:12 relative 21:11 releases 20:10 remained 8:9 remaining 3:5 remember 0:7 18:22 report 21:5 reporter 1:18 2:5 21:4,18,22 represent 13:16 represented 4:10 representing PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 Page 4 of 5 19:16 represents 4:9 reproduction 21:16 request 4:6,8 5:16 8:18 10:3,10,11 11:15,19,21,23, 25 12:1,6,12 13:8 14:1 15:23 16:12 17:21 requested 3:B 10:13 12:19 13:19 requests 5:8 6:1 12:7,13 13:13 15:9 16:16 require 5:4 resident 19:15,16,17 resolve 20:9 resources 12:15 respect 12:5 14:12 response 4:6 5:9,10,11,13,16 12:9 responsible 9:3 result 3:15 resume 19:6 retract 7:12 retrieve 10:18 return 3:22 returned 10:13 rid 7:14 6:10 16:3 rights 14:5 Ring 4:9 7:5,23 12:17 18:19 Rite 3:21 5:14 10:3 20:20 ROBERT 1:14 room 3:21 Ryan 11:22 12:12 S seeking 7:16 seen 16:24 separate 8:6,16 separately 10:22 September 1:6 21:20 serves 15:20 session 1:1 2:2,4 19:1 20:16,17,23 21t6,9 setting 6:10,12 7:17 settle 6:6,10,11,13,14 ,22 7:6 9:5 14:9 16:15 19:2 settled 6:2 14:8 19:8 settlement 2:7,10,19 8:5 13:4,19 14:21 18:8,23 19:6 several 5:22 6:1 7:2 short 19:1 shorthand 21:B similar 5:25 situation 16:10,17 size 10:5 sized 4:23 Skip 0:19 16:14 18:7 Somebody 19:14 someone 2:16 14:4 somewhere 13:3 sort 7:16 12:22 sought 10:2 Speak 2:10 spend 16:1 spent 10:18 staff 9:22 12:10 STANLEY 1:15 8:19 9:1,7,11,14,19 20:14 start 18 :10 state 5t24,25 21:2 stated 4:10 7:5 8:14 20:13 statement 12:23 statements 3:10 7:12 states 4:16 statute 2:3 4:4,16,21,22,25 17:16,18 Statutory 4:12 stenotype 21:6 strictly 14:20 strike 3:9 7:11 student 13:21 15:8 subject 6 :19 11:15 submitted 11:23 12:1,12 subsequently 4:8 suggested 6:15 20:8 suit 3:2 7:25 11:7 14:8 suite 14:24 sum 3:6 6:19 summer 16:12 support 11:17 Suppose 14:6 sure 15:18,20 T talk 13:10,12 15:1 Taylor 10:4 ten 10:12 terminate 20:17 terms 6:14 testify 9:9 that's 4:24 5:1,17 9:14,16 12:15,25 14:3,21 15:25 18:3,20 19:11,18 20:13 theirs 17:25 themselves 6:16 therefore 5:16 S:B there's 2:6 4:20 6:22 15:2 18:24 19:7 20:6,18 therewith 2:8 they're 4:6 7:13 17:1,21 third 8:1,3 THOMAS 1:15 thousands 12:8 THRASHER 1:16 3:17 8:1 19:24 20:3 throughout 5:23,25 tie 16:18 today 6:4,13 14:20 15:25 16:3 18:25 19:4 total 9:25 Town 1:1,5,16,17 4:10 8:20,23 9:17 10:4,7,9,12,14 11:13,17,19,23 12:2,4,6,8,9,10 13:21 Town's 11:14 transcribed 2:10 transcript 2:6,7 21:15 transcription 21:8 treated 12:13 Trey 15:8 true 21:7 try 16:14 trying 16:19 types 8:21 16:24 U ultimately 9:4 Um'hum 3:3 understand 9:20 13:4 14:25 18:14,15 understanding 11:1 unfortunate 8:9 16:17 unless 12:19 15118 20:11 21:17 upon 2:7 3:21 V various 12:5 violating 4:11 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 Page 5 of 5 W waiting 20:19 wasn't 18:2 we'll 10:24 20:17 well-known 5:24 we're 15:21 16:6,11 20t22 we've 19:9 whatever 9:1 11:4,7 15:14 18:22 WHEREOF 21 :19 Whereupon 20:23 whether 6:8 7:16 15:21 WHITE 1:12 19:20,22 Whitmer 7:24 8:1 11:22 12:12 whole 13:4 William 1:16 4:9 Willing 12:20 win 17:2,7,15 withdraw 3:9 7:11 15:5 withdrew 7:25 WITNESS 21:19 woodwork 13:6 worked 7:24 written 10:3 Y yet 9:25 19:8 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Joel Chandler, Plaintiff, CASE NO.: 2013 CA 007789 XXXX MB AN V. The Town of Gulf Stream, Defendant. PLAINTIFF'S MOTION TO ENLARGE TIME TO FILE A RESPONSE TO DEFENDANT'S ANSWER The Plaintiff, Joel Chandler, by and through the undersigned counsel, hereby moves that this Court enlarge the time to respond to Defendant's Answer in the form of a motion to strike and/or a reply to Defendant's Affirmative Defenses, and as grounds therefore alleges as follows: 1. The Defendant served its Answer on Plaintiff by e-mail to Plaintiff's counsel on July 22, 2013. 2. Plaintiff has made known to Defendant's its intention to file a motion to strike portions of the Answer and/or a reply to Defendant's Affirmative Defenses. 3. Plaintiff and Defendant are engaged in continuing good faith efforts to reach a settlement in this case. 4. Defendant has consented to an enlargement of time of 14 days from the date of the attached order for Plaintiff to respond to the Defendant's Answer in the aforesaid manners. WHEREFORE, Plaintiff requests that this Court enlarge the time for filing a response to Defendant's Answer by 14 days. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of this document has been furnished via e-mail this 161h day of August, 2013 to the following: Joanne M. O'Connor, Esquire ioconnor(cb, ionesfoster.com Ashlee A. Richman, Esquire arichman(a,ionesfoster.com Respectfully submitted, WILLIAM F. RING, JR. ESQUIRE PA ATTORNEY FOR PLAINTIFF Dated: August 16, 2013 /s/ William F. Rine, Jr. William F. Ring, Jr. Florida Bar No.: 961795 1280 W. Newport Center Dr. Deerfield Beach FL, 33432 Telephone: (954) 570 -3510 Fax: (954) 360 -0807 E -Mail: wring ,commerce- group.com IN THE CIRCUTI' COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Joel Chandler, Plaintiff, CASE NO.: 2013 CA 007789 XXXX MB AN V. The Town of Gulf Stream, Defendant. PROPOSED ORDER GRANTING PLAINTIFF'S MOTION TO ENLARGE TIME TO FILE A RESPONSE TO DEFENDANT'S ANSWER This cause having come before the Court on Plaintiffs Motion to Enlarge Time to File a Response to Defendant's Answer filed August 16, 2013, and the Court having considered same and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Plaintiffs Motion to Enlarge Time to File a Response to Defendant's Answer is hereby GRANTED. Plaintiff shall have 14 days from the date of this Order to file his response with the Clerk of the Court. DONE AND ORDERED in chambers this , day of 2013. Circuit Court Judge Copies furnished to: Plaintiff Defendant Kelly Avery From: Bill Thrasher <bhrasher @gulf - stream.org> Sent: Friday, July 19, 2013 2:00 PM To: Randolph, John C. Cc: Matias, Sally Subject: Permissions to respond Attachments: RE: Dear Defendant I Florida Open Government Watch; Dear Defendant I Florida Open Government Watch; RE: Dear Defendant I Florida Open Government Watch; RE: Dear Defendant I Florida Open Government Watch We have a new PRR from Chandler, Fogwatch asking for any records created or received with the name Chandler, Fogwatch in them. I am attaching to this email those documents that are responsive. Please review for anything that may be exempt and let me know. William H. Thrasher, ICMA -CM, CGFO, CGFM Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Office 561.276.5116 I Fax 561.737.0188 Direct e-mail: bthrasheKaDgulf- stream.org Kelly Avery From: Baird, Thomas J. <TBaird @jonesfoster.com> Sent: Monday, April 15, 2013 2:00 PM To: Bill Thrasher; Matias, Sally Subject: RE: Dear Defendant I Florida Open Government Watch Bill, in Mr. Chandler's letter he references a request he made that "did not go well." Do you know what this request may have been, or to whom it was directed? Is Mr. Chandler acting on behalf of Mr. O'Boyle? Chandler has received a lot of notoriety around the state for his voluminous and sometimes unusual public records requests. I would not be surprised if Mr. O'Boyle has accessed him to enlist him in his endeavors with the Town. JONESFOSTER Thomas J. Baird Florida Bar Board Certified City, County and Local Government Attorney Direct Dial: 561.650.8233 1 Fax: 561.746.6933 1 tbaird,'onesfoster.com ]ones, Foster, johnston & Stubbs, P.A. 801 Maplewood Drive, Suite 22 -A, Jupiter, Florida 33458 561 -659 -3000 1 www.jonesfoster.com U.S. Treasure Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Bill Thrasher [mailto:bthrasher @gulf - stream.org] Sent: Monday, April 15, 2013 12:46 PM To: Matias, Sally Cc: Baird, Thomas J. Subject: Dear Defendant I Florida Open Government Watch http://fogwatch.org/2013/02/25/dear-defendant This gentleman, Joel Chandler, just left our office. Kelly Avery From: Bill Thrasher <bhrasher @gulf - stream.org> Sent: Monday, April 15, 2013 12:46 PM To: Matias, Sally Cc: Baird, Thomas J. Subject: Dear Defendant I Florida Open Government Watch http: / /fogwatch.org /2013/02/25/dear- defendant/ This gentleman, Joel Chandler, just left our office. Kelly Avery From: Baird, Thomas J. <TBaird @jonesfoster.com> Sent: Monday, April 15, 2013 2:53 PM To: Bill Thrasher Cc: Rita Taylor Subject: RE: Dear Defendant I Florida Open Government Watch The statutory amount is 15 cents for a regular size one sided copy. Skip and I discussed Mr. O'Boyle argument about paying the "actual costs of duplication" which is also referenced in the statute. Sounds like they have a plan. Keep me posted. JONLSFOSTER Thomas J. Baird Florida Bar Board Certified City, County and Local Government Attorney Direct Dial: 561.650.8233 1 Fax: 561.746.6933 1 tb,,urd@ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 801 Maplewood Drive, Suite 22 -s1, Jupiter, Florida 33458 561 -659 -3000 1 www.jonesfoster.corn U.S. Treasury Regulation Circular 230 requires us to advise You that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. 'Phis email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Bill Thrasher [mailto:bthrasher @gulf - stream.org] Sent: Monday, April 15, 2013 2:16 PM To: Baird, Thomas J. Cc: Rita Taylor Subject: RE: Dear Defendant I Florida Open Government Watch Tom, He is not referring to Gulf Stream in that internet letter dated in February. I do not know to whom the letter was sent or the topic. Mr. Chandler came into the Town office with Mr. O'Boyle and Ryan Whitmer. Each of them requested records at the time. Rita asked them to wait in the lobby and that she would work on their requests. Rita gave them each what they requested and charged a fee for her labor time. Mr. Chandler paid except for copies he requested and at the time agreed to pay at 15 cents each. When Rita made the copies, he did not pay the 15 cents but said he wanted to pay the statutory amount. He was not specific to what that amount is /was. Rita commented to him that he agreed to pay 15 cents a copy "and now it seems you do not want them." She did not give the copies to him. Mr. O'Boyle's labor charge was $1.75 which he paid "under protest ". He asked for a receipt. I don't remember the circumstances with Mr. Whitmer. Please feel free to contact Rita for better details. I overheard most of what transpired. m From: Baird, Thomas J. [ mailto :TBaird(cbionesfoster.coml Sent: Monday, April 15, 2013 2:00 PM To: Bill Thrasher; Matias, Sally Subject: RE: Dear Defendant i Florida Open Government Watch Bill, in Mr. Chandler's letter he references a request he made that "did not go well." Do you know what this request may have been, or to whom it was directed? Is Mr. Chandler acting on behalf of Mr. O'Boyle? Chandler has received a lot of notoriety around the state for his voluminous and sometimes unusual public records requests. I would not be surprised if Mr. O'Boyle has accessed him to enlist him in his endeavors with the Town. JONESFOSTER 1Mt}titflnsf1496 �A Thomas J. Baird Florida Bar Board Certified City, County and Local Government Attorney Direct Dial: 561.650.8233 i Fax: 561.746.6933 1 tbaird(@.jonesfoster.com Jones, Coster, Johnston & Stubbs, P.i1. 801 Maplewood Drive, Suite 22 -A, Jupiter, Florida 33458 561- 659 -3000 1 wwwJonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that \critten communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by die Internal Revenue Service. Incoming emails are filtered which may delay receipt. T1iis email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Bill Thrasher [ mailto :bthrasherCalgulf- stream.oral Sent: Monday, April 15, 2013 12:46 PM To: Matias, Sally Cc: Baird, Thomas J. Subject: Dear Defendant i Florida Open Government Watch http://fogwatch.org/2013/02/25/dear-defendant/ This gentleman, Joel Chandler, just left our office. 4 Kelly Avery From: Baird, Thomas J. <TBaird @jonesfoster.com> Sent: Monday, April 15, 2013 1:34 PM To: Bill Thrasher; Matias, Sally Subject: RE: Dear Defendant I Florida Open Government Watch He's been going around the state filing public records requests and then filing lawsuits against public entities that do not timely comply, or comply in a way that meets with his approval. JONESFOSTER -- .. _ _ , , ,.:.,...o, �..11 Thomas J. Baird Florida Iiar Board Certified Cite, Counh' and Local Government Attorim Direct Dial: 561.650.8233 Fax: 561.746.6933 .tbaird(@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 801 Ivlaplewood Drive, Suite 22 -A, Jupiter, Igorida 33458 561- 659 -3000 1 www.'onesfoster.com U.S. Treasury- Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Bill Thrasher [mailto:bthrasher @gulf- stream.org] Sent: Monday, April 15, 2013 12:46 PM To: Matias, Sally Cc: Baird, Thomas J. Subject: Dear Defendant I Florida Open Government Watch http://fogwatch.org/2013/02/25/dear-defendant/ This gentleman, Joel Chandler, just left our office. Kelly Avery From: William Ring <wring @commerce - group.com> Sent: Wednesday, November 06, 2013 10:59 AM To: Randolph, John C. Cc: OConnor, Joanne M.; Richman, Ashlee A.; Ryan Witmer; William Ring Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Hi — I wanted to make sure you received this email last week. TO William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570- 3510(ph) 954 - 360 -0807 (fax) 954 - 328 -4383 (cell) From: William Ring Sent: Thursday, October 31, 2013 12:36 PM To: Randolph, John C. Cc: OConnor, Joanne M.; Richman, Ashlee A.; William Ring; Ryan Witmer Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Skip: In furtherance of our last conversation regarding the settlement of the Chandler Request #333 Lawsuit, attached for your review are: 1. Release of All Claims 2. Joint Stipulation of Dismissal, With Prejudice Please review and let us know if you have any comments. Upon the payment of the agreed upon $1500.00 and the receipt of the information requested in #333, we are prepared to execute the Release and file the Joint Dismissal. Thanks M William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570- 3510(ph) 954 - 360- 0807(fax) 954 - 328 -4383 (cell) Kelly Avery From: noreply@myflcourtaccess.com Sent: Tuesday, July 23, 2013 9:38 AM Subject: Processing Completed for Filing # 3927229 Dear Ashlee Richman: This email verifies the processing of your Filing # 3927229 with the Palm Beach County, Florida Circuit Civil Division. Status: Accepted Filing Date /Time: 07/22/2013 02:57:43 PM Case Number: 2013CA007789 Case Name: CHANDLER, JOEL VS TOWN OF GULF STREAM, Documents # Document Type Status Filing Date Rejection Reason Your Attachment 1 All Answer Accepted 07/22/2013 C:\Documents and Setting 24.pdf 2 All Motion Accepted 07/22/2013 CADocuments and Setting transfer 24.pdf Fees Memo: This is a non - monitored email. Do not reply directly to it. If you have any questions about this filing, please contact the Palm Beach County, Florida Circuit Civil Division. Thank you. Many counties no longer require paper follow -up. To see a complete list, click on this link. 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JOEL CHANDLER, Plaintiff, V. THE TOWN OF GULF STREAM, Defendant. CASE NO.: 2013 CA 007789 XXXX MB AN ANSWER TO COMPLAINT Defendant, THE TOWN OF GULF STREAM (the "Town" or the "Defendant "), by and through undersigned counsel, hereby answers and asserts Defenses to the Verified Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary Relief (the "Complaint ") filed by the Plaintiff, JOEL CHANDLER ( "Chandler" or the "Plaintiff'). As to each paragraph alleged in the Complaint, the Town responds as follows: 1. The Town denies that Plaintiffs civil rights have been violated, but admits that this action concerns Plaintiffs allegations that Defendant has violated Chapter 119, Florida Statutes (2012) (the "Public Records Act "), 2. The Town admits the allegation in paragraph 2 that the Complaint seeks declaratory and monetary relief. 3. The Town admits that the Complaint seeks the relief specified in Paragraph 3, but denies that Plaintiff is entitled to the requested relief. only. Jurisdiction and Venue 4. The Town admits the allegation in paragraph 4 for purposes of jurisdiction 1 5. The Town admits the allegation in paragraph 5 for purposes of jurisdiction only. 6. The Town admits the allegation in paragraph 6 for purposes of venue only. The Parties 7. The Town admits the allegation in paragraph 7. 8. The Town admits the allegation in paragraph 8. 9. The Town admits the allegation in paragraph 9. 10. The Town admits the allegation in paragraph 10. Florida's Public Records Act 11. The Town admits the allegation in paragraph 11. 12. The Town admits the allegation in paragraph 12. 13. The Town admits the allegation in paragraph 13. 14. The Town admits the allegation in paragraph 14. 15. The Town admits the allegation in paragraph 15. Factual Background 16. The Town admits the allegation in paragraph 16. 17. The Town admits the allegation in paragraph 17. 18. The Town admits the allegation in paragraph 18. 19. The Town admits the allegation in paragraph 19. 20. The Town admits the allegation in paragraph 20. 21. The Town admits that Plaintiff was offered all requested documents at a charge of $0.15 per page. N Count I- Unlawful Withholding of Public Records 22. The Town incorporates its responses to allegations in paragraphs 1 -21. 23. The Town admits that paragraph 23 is an accurate restatement of the law. 24. The Town admits the allegation in paragraph 24. 25. The Town admits the allegation in paragraph 25. 26. The Town admits that the allegation in paragraph 26 is an accurate restatement of the law. 27. The Town admits that the actual cost of duplication of 11 x 17 copies is less than $0.15 per page. 28. The Town denies the allegation in paragraph 28 as it states a legal conclusion. 29. The Town admits that a fee was requested for production of documents. 30. The Town admits that the allegation in paragraph 30 is an accurate restatement of the law. 31. The Town admits that ten minutes to fulfill a request is not extensive pursuant to Section 119.07(4)(d), but denies the remainder of paragraph 31. Count II- Unlawful Withholding of Public Records 32. The Town incorporates its responses to allegations in paragraphs 1 -21. 33. The Town denies the allegation in paragraph 33. 34. The Town admits that Plaintiff stated he would pay the statutorily authorized fee for the public records but denies that Plaintiff provided the Town with any financial compensation for the production of records. 35. The Town admits the allegation in paragraph 35. 3 36. The Town admits the allegation in paragraph 36. 37. The Town admits that paragraph 37 is an accurate restatement of the law. 38. The Town admits that the Plaintiff has a legal right to public records but denies the allegation in paragraph 38 to the extent that it implies the Town has not performed its duty under the Public Records Act adequately. 39. The Town admits that Plaintiff is entitled to a hearing, but denies the necessity of an immediate hearing. 40. The Town denies the allegations in paragraph 40. Attorney's Fees 41. The Town admits that the allegation in paragraph 41 is an accurate reflection of the law but denies that Plaintiff is entitled to attorney's fees. Relief Requested 42. The Town denies that Plaintiff is entitled to a judgment in its favor or for any relief whatsoever, including the relief requested in paragraphs (a) -(e). DEFENSES 43. In further response to the allegations above, the Town avers that, in all respects, Plaintiff is not entitled to any relief. 44. The Town avers that it is the Town's reasonable belief that the Public Records Request that is the subject of this action was filed at the direction of Martin E. O'Boyle ( "O'Boyle "). The Town avers in support of this belief the following facts: a. At the time Plaintiff brought the Public Records Request to the Town, he was accompanied by O'Boyle (who was delivering his own request at the time), and another associate of O'Boyle, Ryan Witmer (who was also delivering a request that the Town believes was submitted at the direction of O'Boyle). b. The address listed on the Public Records Request is the same address provided by O'Boyle for the requests that he has submitted to the Town. c. The attorney of record for Plaintiff is also the attorney of record for four other actions' brought against the Town by or at O'Boyle's direction with respect to various public records requests. 45. The Town avers that more than four hundred (400) public records requests have been filed by or at the direction of Martin E. O'Boyle since March 2013. 46. The Town avers that the Town has produced thousands of pages in response to the numerous public records requests filed by or at the direction of O'Boyle. 47. The Town avers that the Town has a staff of only four (4) people, not including law enforcement and fire personnel. 48. The Town avers that the record custodian who received the subject Public Records Request from Plaintiff was under the impression that the requests submitted by O'Boyle, Ryan Witmer, and Plaintiff could be treated as cumulative requests for purposes of charging for extensive use of resources 2 ' The Town is moving to have the five actions (including the underlying action) brought by or at the direction of O'Boyle with attorney William F. Ring as the attorney of record transferred to and consolidated in the division of the oldest action (Judge Peter D. Blanc's Division). Z Though numerous requests at the direction of an individual may be viewed for their cumulative impact in evaluating whether an agency's response time was reasonable, there is no case law that specifically allows for requests to be treated as cumulative for purposes of assessing costs for extensive time to respond. See Lang v. Reedy Creek Improvement District, No.CJ -5546 (Fla. 9th Cir. Ct. Oct. , 1995), affirmed per curiam, 675 So. 2d 947 (Fla. 5th DCA 1996), in which the circuit court rejected the petitioner's claim that the agency should have produced records within 10, 20 and 60 -day periods. The court considered the plaintiff's numerous (19) public records requests and found the agency's response to y 49. The Town avers that the records custodian was also under the good faith impression that fifteen cents (the statutory fee for copies that are 14 inches by 8 1/2 inches) could also be charged as the statutory fee for the records produced for Plaintiff on larger paper (11 x 17 inches). The Town further avers that when the records custodian offered the documents for payment after fulfilling Plaintiffs request, Plaintiff simply responded that he would pay "the statutory amount ", and did not explain further before leaving the Town Hall. 50. The Town avers that the records custodian made an error in good faith, of which the Plaintiff was aware but did not explain- choosing instead to file an otherwise unnecessary legal action against the Town. 51. The Town avers that, having learned of the records custodian's good faith mistake, the Town will produce the requested documents to Plaintiff upon payment of the statutory amount, including costs of staff time as a special service charge .3 52. The Town avers that, should Plaintiff elect not to procure the documents that the Town has produced and is holding for Plaintiff, the Town is authorized to bill Plaintiff for the actual cost of copying and producing the records. I HEREBY CERTIFY that a copy of the foregoing has been furnished by e-mail this 22nd day of July, 2013 to the following: be reasonable in light of the cumulative impact of the requests and the fact that the requested records contained exempt and nonexempt information, requiring considerable time to review and redact. ' "For the purposes of satisfying a public records request, the fee to be charged by an agency if it elects to provide a copy of a public record in a medium that is not routinely used by the agency ...must be in accordance with s.119.07.74, F.S. (authorizing Imposition of a special service charge if excessive Information technology resources or labor are required)." Government -in- the - Sunshine Manual, First Amendment Foundation, p. 149 (2012). X, William F. Ring, Jr., Esquire 1280 W. Newport Center Dr. Deerfield Beach, FL 33432 wring akommerce- group.com p1docs \13147\00024 \pld \I gr2833.docz JONES, FOSTER, JOHNSTON & STUBBS, P.A. Attorneys for Defendant 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 561 - 659 -3000 By: /s/ Ashlee A. Richman Joanne M. O'Connor, Esquire Florida Bar No. 0498807 ioconnor(a?lonesfoster.com Ashlee A. Richman, Esquire Florida Bar No. 0091609 a rich manlcDlonesfoster.com 7 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY. FLORIDA JOEL CHANDLER, Plaintiff, V. CASE NO.: 2013 CA 007789 XXXX MB AN THE TOWN OF GULF STREAM, Defendant. MOTION TO TRANSFER Defendant, THE TOWN OF GULF STREAM (the "Town "), by and through undersigned counsel, hereby moves this Court for an order transferring the above- styled Case Number 502013CA007789XXXXMBAN to Judge Peter D. Blanc's Division in this Circuit Court, and in support thereof states as follows: 1. On May 6, 2013, the Plaintiff, Joel Chandler ( "Plaintiff') filed a one -count Verified Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary Relief in Case Number 502013CA007789XXXXMBAN (Action II). Count I is a claim for Unlawful Withholding of Public Records. 2. The Public Records Request that is the subject of Action II (the "Request ") was submitted in person by Joel Chandler. Joel Chandler was accompanied by Martin E. O'Boyle ( "Mr. O'Boyle ") when he submitted the Request. 3. Action II is one of many filed by or at the direction of Mr. O'Boyle for purposes of harassing the Town. The chart, attached as Exhibit A, reflects all of the law suits filed by or at the direction of Mr. O'Boyle and depicts the Town's effort to consolidate these cases based on the similarity of legal issues and named plaintiffs (as explained in the Chart's legend). 4. William F. Ring, Jr., Esq. (Mr. Ring), is the attorney of record in five of the cases filed at Mr. O'Boyle's direction. 5. The oldest action filed by Mr. Ring at Mr. O'Boyle's direction is Case Number 502013CA007608XXXXMBAA (Action 1). Action I was assigned to Judge Peter D. Blanc on May 3, 2013. Action I is also titled Verified Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary Relief, with one count for Unlawful Withholding of Public Records. The named Plaintiff in Action I is Ryan L. Witmer. 6. The third action filed by Mr. Ring at Mr. O'Boyle's direction is Case Number 502013CA008125XXXXMBAH (Action III). Action III was assigned to Judge Lucy Chernow Brown on May 10, 2013. Action III is also titled Verified Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary Relief, with one count for Unlawful Withholding of Public Records. The named Plaintiff in Action III is Commerce Group, Inc. Mr. O'Boyle signed the Verification attached to the Complaint for Action III, and he is listed on the Public Records Request that is the subject of Action III as the President of Commerce Group, Inc. 7. The fourth action filed by Mr. Ring at Mr. O'Boyle's direction is Case Number 502013CA008452XXXXMBAG (Action IV). Action IV was also assigned to this Division on May 17, 2013. Action IV is also titled Verified Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary Relief, with one count for Unlawful Withholding of Public Records. The named Plaintiff in Action IV is Mr. O'Boyle. 2 8. The fifth Action filed by Mr. Ring at Mr. O'Boyle's direction is Case Number 502013CA008594XXXXMBAG (Action V). Action V was assigned to Judge David F. Crow's Division on May 20, 2013. Action V is also titled Verified Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary Relief, with one count for Unlawful Withholding of Public Records. The named Plaintiff in Action V is Airline Highway LLC. According to the signed and notarized Verification attached to the Complaint in Action V, Mr. O'Boyle is the Managing Member of Airline Highway LLC. 9. The contact information provided in the Public Records Request that is the subject of Action I is: "1280 West Newport Center Drive, Deerfield Beach, FL 33442." The e -mail address provided in the Public Records Request that is the subject of Action I is: brussell(a)commerce- group.com. 10. The contact information provided in the Public Records Request that is the subject of Action II is : "1280 West Newport Center Drive, Deerfield Beach, FL 33442." The e-mail address brussell(o)commerce- group.com has been crossed out, but is still visible, in the Public Records Request for Action II, 11. The contact information provided in the Public Records Request that is the subject of Action III is: "1280 West Newport Center Drive, Deerfield Beach, FL 33442." The e-mail address provided in the Public Records Request that is the subject of Action III is moboyle(a)commerce- group.com. 12. The contact information provided in the Public Records Request that is the subject of Action IV is also "1280 West Newport Center Drive, Deerfield Beach, FL 33442." The e-mail address provided in the Public Records Request that is the subject of Action IV is: records ancommerce- group.com. 3 13. The contact information provided in the Public Records Request that is the subject of Action V is also "1280 West Newport Center Drive, Deerfield Beach, FL 33442." The e-mail address provided in the Public Records Request that is the subject of Action V is: records ncommerce- group.com. 14. The named plaintiffs in Actions I, II, III, IV and V are all connected to Mr. O'Boyle and have the same known address and similar e-mail addresses (all connected to Commerce Group, Inc.). 15. Actions I, II, III, IV and V have similar parties and have common questions of law and fact. The anticipated issues, facts, statutory framework, and defenses are substantially similar and closely related. 16. On July 22, 2013, the Town filed corresponding Motions to Transfer to Judge Peter D. Blanc's division in Actions III, IV, and V. 17. It is appropriate to transfer the Action V to Judge Peter D. Blanc's Division, to allow the Town to move to consolidate Action II with Actions I, III, IV, and V. Consolidation will reduce judicial labor and attorney time and related fees and costs, and it will minimize the possibility of inconsistent results. WHEREFORE, the Town moves this Court for an Order transferring Case Number 502 01 3CA007789XXXXM BAN to Judge Peter D. Blanc's Division, and granting such other or further relief as the Court deems just and proper. I HEREBY CERTIFY that a copy of the foregoing has been furnished by e-mail this 22nd day of July, 2013 to the following: William F. Ring, Jr., Esquire 1280 W. Newport Center Drive Deerfield Beach, FL 33432 wring commerce- group.com rd p: Woos \13147\00024 \pW\i gq 1845.dom JONES, FOSTER, JOHNSTON & STUBBS, P.A. Attorneys for Defendant 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 561 - 659 -3000 By: /s/ Ashlee A. Richman Joanne M. O'Connor, Esquire Florida Bar No. 0498807 IoconnorCa.lonesfoster.com Ashlee A. Richman, Esquire Florida Bar No. 0091609 arichman(&ionesfoster. com 5 TOWN OF GULF STREAM PUBLIC RECORDS LAWSUITS Legend: BOLD: Pro Se cases ITALICS: Cases represented by attorney William Ring that are not "N984AC Caravan LLC" cases UNDERLINING: N984AC Caravan LLC cases represented by attorney William Ring CASE NO. AND DATE FILED DATE PLAINTIFF JUDGE SERVED -and - PLAINTIFF'S ATTORNEY (O'Boyle's Role) 502013CA00675OXXXXMBAO 4/24/2013 4/24/2013 Martin E. O'Boyle Catherine M. Brunson ....................... Pro Se 502013CA011120XXXXMBAO 7/5/2013 7/5/2013 Martin E. O'Boyle Catherine M. Brunson ". ".'" " ".. "'... "' Pro Se 502013CA01 1 122XXXXMBAI 7/5/2013 715/2013 Martin E. O'Boyle Meenu Sasser ........................ Pro Se 502013CA011411XXXXMBAJ 7/1012013 7/10/2013 Martin E. O'Boyle Joseph Marx ....................... Pro Se 502013CA011414XXXXMBAI 7/10/2013 7/10/2013 Martin E. O'Boyle Meenu Sasser ........................ Pro Se 502013CA011416XXXXMBAO 7/10/2013 7/1012013 Martin E. O'Boyle Catherine M. Brunson ....................... Pro Se EXHIBIT A CASE NO. AND DATE FILED DATE PLAINTIFF JUDGE SERVED -and - PLAINTIFF'S ATTORNEY (O'Boyle's Role) 602013CA011417XXXXMBAD 7/1012013 7/10/2013 Martin E. O'Boyle Gregory Keyser " •••••••••••••••••••••• Pro Se 502013CA011421XXXXMBAG Martin E. O'Boyle 7/10/2013 7/10/2013 David F. Crow •'• ""•' "•''•" "• "' Pro Se 602013CA011423XXXXMBAD 7/10/2013 7/10/2013 Martin E. O'Boyle Gregory Keyser •'• " "•' "•••'• "•••" Pro Se 502013CA011424XXXXMBAE 7/10/2013 7/10/2013 Martin E. O'Boyle Edward Fine ••• ""•" "•••••••••• Pro Se 502013CA007609)OMMBAA SWO13 71912013 Ryan L. Witmer Peter D. Blanc '•" "'• "• " "•••'••••• William F. Ring, Jr., Esq. (Uses O'Boyle's Business and E -Mail Address) 502013CA007789XXXXMBAN 51612013 71912013 Joel Chandler Lucy Chernow Brown ....................... William F. Ring, Jr., Esq. (Uses O'Boyle's Business Address) 502013CA008125)000(MBAH 5110 12013 71912013 Commerce Group, Inc. Lucy Chernow Brown • "'•••'••••••• "•••••• William F. Ring, Jr., Esq. (Uses O'Boyle's Business and E -Mail Address and O'Boyle Is listed as President) 2 CASE NO. AND DATE FILED DATE PLAINTIFF JUDGE SERVED -and - PLAINTIFF'S ATTORNEY (O'Boyle's Role) 502013CA008452XXXXMBAG 511712013 71212013 Martin E. O'Boyle David F. Crow . "'.......'.'.....no.. William F. Ring, Jr., Esq. 502013CA008594)0(XXMBAG 5/20/2013 71212013 Airline Highway LLC David F. Crow ....................... William R. Ring, Jr., Esq. (Uses O'Boyle's Business and E -Mail Address and O'Boyle Listed as Managing Member) 502013CA008701XXXXMBAA 5/23/2013 7/2/2013 N984AC Caravan LLC ....................... Peter D. Blanc William F. Ring, Jr.. Esq. (Uses O'Boyle's Business and E -Mail Address and O'Boyle Listed as Managing Member) 502013CA008809XXXXMBAA 5/23/2013 7/2/2013 N984AC Caravan LLC ....................... Peter D. Blanc William F. Ring, Jr.. Esq. (Uses O'Boyle's Business and E -Mail Address and O'Boyle Listed as Managing Member) 502013CA008919XXXXMBAD 5/23/2013 7/2/2013 N984AC Caravan LLC ....................... Gregory Keyser William F. Ring, Jr.. Esq. (Uses O'Boyle's Business and E -Mail Address and O'Boyle Listed as Managing Member) p:Wocs113147%00001Woc \1 gr2673.docz 3 Matias, Sally From: William Ring <wring @commerce- group.com> Sent: Wednesday, December 18, 2013 9:55 AM To: Randolph, John C. Cc: Ryan Witmer; William Ring Subject: Joel Chandler - Public Records Attachments: img- Z18094720- 0001.pdf John We have deposited the check; we are filing the Joint Stipulation (filing it now as I am typing this email) and the Mutual Release is with Mr. Chandler for Signature. Once I receive a copy of the signed Release, I will email it to you. Thanks for your efforts here Have a Merry Christmas and Happy New Year. Bill William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954- 570- 3510(ph) 954- 360 -0807 (fax) 954 - 328 -4383 (cell) - - -- Original Message - -- From: WorkCentre 5230A t mai Ito: scanner(c-)commerce- group.coml Sent: Wednesday, December 18, 2013 9:47 AM To: William Ring Subject: Scan from a Xerox WorkCentre Please open the attached document. It was scanned and sent to you using a Xerox WorkCentre. Number of Images: 1 Attachment File Type: PDF Device Name: WorkCentre 5230A Device Location: For more information on Xerox products and solutions, please visit htto: / /www.saxon.net IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JOEL CHANDLER, Plaintiff, V. THE TOWN OF GULF STREAM, Defendant. CASE NO.: 2013 CA 007789 )= MB AN JOINT STIPULATION OF DISMISSAL. WITH PREJJUDICE This Joint Stipulation of Dismissal is [Wade between Plaintiff Joel Chandler ( "Chandler ") and Defendant Town of Gulf Stream (the "Town ") (together, the "Parties "). The Parties have reached an agreement to fully and finally dispose of this action. Among other things, the Parties have agreed as follows: That the above styled action is hereby dismissed with prejudice. 2. That the Town hereby withdrawals, retracts, and voluntarily strikes the averments set forth in paragraph 44 of the Town's Answer to the Complaint that the Plaintiff was acting at the direction of another party, person or entity. 70 . 'Connor,Esquire Flori BazXo.0498807 ioconnor@ionesfoster.com Ashlee A. Richman, Esquire Florida Bar No. 0091609 arichman@ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 Attorneys for Defendant William F. Ring, Jr. Esquire Florida Bar No.: 961795 wring@commerce-grouT).com William F. Ring, Jr. ESQUIRE P.A. 1280 W. Newport Center Dr. Deerfield Beach, Florida 33442 Telephone: (954) 570 -3510 Fax: (954)360-0807 Attorney for Plaintiff Matias, Sally From: William Ring <wdng @commerce- group.com> Sent: Tuesday, December 03, 2013 1:57 PM To: Randolph, John C. Subject: RE: Chandler vs Town of Gulf Stream - Case No. 2013 CA 007789 )000( MB AN It's in the in- box — will conclude by end of the week Thanks Bill William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570 -3510 (ph) 954- 360 -0807 (fax) 954- 328 -4383 (cell) From: Randolph, John C. [ mailto •JRaodolob@ionesfoster.coml Sent: Tuesday, December 03, 2013 1:55 PM To: William Ring Subject: Chandler vs Town of Gulf Stream - Case No. 2013 CA 007789 XXXX MB AN Bill, Please let me know the status of this matter. The settlement check and executed Joint Stipulation of Dismissal and Release of Claims were sent to you on November 15, 2013. Thank you. JOHN C. RANDOLPH IQ� ESEOSTER John C. Randolph Attorney Direct Dial• 561.650.0458 1 Fax: 561.650.5300 1 irandolnh(alion ]ones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 - 659 -3000 1 www,jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal. Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. Matias, Sally From: Randolph, John C. Sent: Tuesday, December 03, 2013 1:55 PM To: William Ring (wring @commerce- group.com) Subject: Chandler vs Town of Gulf Stream - Case No. 2013 CA 007789 XXXX MB AN Attachments: 11-11-1948 -ring enclosing settlement check and documents.pdf Follow Up Flag: Follow up Flag Status: Flagged Bill, Please let me know the status of this matter. The settlement check and executed Joint Stipulation of Dismissal and Release of Claims were sent to you on November 15, 2013. Thank you. JOHN C. RANDOLPH JONESFOSTER - �- �- �-- •�IiNI'iV ll!:,Y.411 T1n.IM. John C. Randolpb Attorney DitectDial: 561.650.0458 1 Fax: 561.650.5300 j jrandoah, ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561- 659 -3000 I www,jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by cmail and delete the original message. um, sell Inv John C. Randolph Attorney 581 -650 -0458 Fax: 561 - 650 -5300 jrandolph @jonesfoster com November 15, 2013 William R. Ring, Esquire 1280 W. Newport Center Drive Deerfield Beach, Florida 33432 Re: Chandler vs Town of Gulf Stream Case No. 2013 CA 007789 XXXX MB AN Our File No. 13147.24 Dear Bill: Please find enclosed the check made payable to your trust account in the amount of $1,500.00 from the Town of Gulf Stream, along with the documents that were requested by Mr. Chandler. Also enclosed is the executed Joint Stipulation of Dismissal With Prejudice and the Release of All Claims signed by the Mayor of the Town of Gulf Stream. Please execute and file the Joint Stipulation of Dismissal with Prejudice and have Mr. Chandler execute the Release, providing me with copies of each. Please call me If you have any comments or questions, Sincerely, JONES, �FOSTER. JOHNSTON & STUBBS, P.A. ,o' - John C. Randolph JCR /ssm cc: William H. Thrasher, Town Manager Since 1924 Nesr Pnlm Beach I Jupiter Hagler Center 7inser 505 South Fhg6Y Drive. Sulte I IUO N<AT Palm lkach. Florida 33401 www.lenesfosrer.cmn ImmeF Tareor0arp; aom call BloolnaunFam ,at our too Ina, m.m ..80ea23am s� �� 11479 TOWN OF GULF STREAM OPERATING ACCOUNT W 101312013 To; William F Ring Jr. Esq PA Trust Account 001.53110.513 -10 Legol Swims - Admin "j..':`:r;;:':,•.:r;;:.: 11479 . OF GULF STREAM SUNTRUSTBANK trp�a HeJARAUCr a u .:TO. :OPERATING ACCOUNT ; t' BO.215/83t ` ': `100 5EA ROAD CHECK PATE CHECK NO. 1 .�';,:;;.:,:;; ;: '" • .',OLILF.STREAM, FL 33483•7.427 11/1312013 11479 -5 CHECK AMOUNT e :PAV One thousand five hundred and 001100 Dollars " c 70T HE 1,500.00 ORDER -- ..- OF William F Ring Jr Esq PA Trust Account ue "'St nn :91f VOW s" Ul* w. ;'.:::;' s.''. iI■, 0, 11, 47: 9n!. : :1 :0,63i021S21:1000i50073150n■ it > IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JOEL CHANDLER, Plaintiff, V. THE TOWN OF GULF STREAM, Defendant. CASE NO.: 2013 CA 007789 XXXX MB AN JOINT STIPULATION OF DISMISSAL. WITH PREJUDICE This Joint Stipulation of Dismissal is made between Plaintiff Joel Chandler, ( "Chandler ") and Defendant Town of Gulf' Stream ([he "Town ") (together, the "Parties "). The Parties have reached an agreement to fully and finally dispose of this action. Among other things, the Parties have agreed as follows: That the above styled action is hereby dismissed with prejudice. 2. That the Town hereby withdrawals, retracts, and voluntarily strikes the averments set forth in paragraph 44 of the Town's Answer to the Complaint that the Plaintiff was acting at the direction of another party, person or entity. Joa 'C o nnor, Esquire Flori a Bar No. 0498807 ioconnor@ionesfoster.com Ashlee A.. Richman, Esquire Florida Bar No. 0091609 arichman@*onesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 Attorneys. for Defendant William F. Ring, Jr. Esquire Florida Bar No.: 961795 wring @ commerce- group.com William F. Ring, Jr. ESQUIRE P.A. 1280 W. Newport Center Dr. Deerfield Beach, Florida 33442 Telephone: (954) 570 -3510 Fax: (954)360-0807 Atto171ey for Plaintiff RELEASE OF ALL CLAIMS ( "Release ") 1. FOR AND IN CONSIDERATION OF the payment to Mr. Joel Chandler (hereinafter "Chandler ") of the sum of one dollar ($1.00), and other good and valuable consideration, Chandler has released and discharged, and by these presents does for Itself, its heirs, executors, administrators and assigns, release, acquit and forever discharge the Town of Gulf Stream (hereinafter "Gulf Stream ") from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April 15, 2013 which bears the Identification #333, which is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which Is designated by the Case Number: 2013 CA 007789 XXXX MB AN. 2. FOR AND IN CONSIDERATION OF the payment to Gulf Stream of the sum of $1.00, and other good and valuable consideration, the Gulf Stream has released and discharged, and by these presents do for themselves, their successors, heirs, executors, administrators and assigns, release, acquit and forever discharge Chandler from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April 15, 2013 which bears the identification #333, which is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 in the Circuit Court of the Fifteenth Judicial Circuit In and for Palm Beach County, Florida, which Is designated by the Case Number: 2013 CA 007789 XXXX MB AN. 3. Bath Chandler and Gulf Stream understand and agree that the consideration as set forth above Is the compromise of a disputed claim and is not to be construed as an admission of liability on the part of parties by whom liability is expressly denied. 4. This Release Is governed by and shall be construed in accordance with the laws of the State of Florida. S. Chandler and Gulf Stream through their authorized representatives have carefully read this Release and know the contents thereof, and are signing the same as their own free act. IN WITNESS WHEREOF, the undersigned has executed this Release of the day and date first written above. JOEL CHANDLER By: TOWN OF GULF 5T Eft By: AYOR WFREMPAWC333 10.29.2013 Page 1 Matias, Sally From: Randolph, John C. Sent: Monday, November 11, 2013 3:00 PM To: 'Bill Thrasher' (bthrasher @gulf- stream.org) Subject: FW: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Follow Up Flag: Follow up Flag Status: Flagged Bill, Please see the email below from Bill Ring in regarding the Chandler suit, noting to whom the $1,500.00 check should be made payable. JOHN C. RANDOLPH JOIV §FOSTER -Jul VIN RN N11 VIIIK.11A, John C. Randolph Attorney DirectDiaL• 561.650.0458 1 Fax: 561.650.5300 1 jrandol I pionesfoster.com Jones, Foster, Johnston & Stubbs, Y.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Pahn Beach, Florida 33401 561- 659 -3000 1 www,jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Intoning emails are filtered which may delay receipt. This emaill is personal to the named recipient(s) and may be privileged and confidential, If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is proltibited. Please immediately notify us by email and delete the original message. From: William Ring [mailto•wringacommerce -arouo coml Sent: Friday, November 08, 2013 7:04 PM To: Randolph, John C. Cc: William Ring; Ryan Witmer Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 John: Sorry I missed your call earlier. The check should be payable to "William F Ring Jr. Esq PA Trust Account" - And mail It to the Deerfield Beach address below. Let me know when we can pick up the documents. Thanks, 0 William F. Ring Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 -570 -3510 (ph) 954 - 360 -0801 (fax) 954 -328 -4383 (cell) From: Randolph, John C. rmailto :JRandoli)h(&ionesfoster.com] Sent: Friday, November 08, 2013 3:55 PM To: William Ring Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Bill, The documents look fine. To whom should the $1,500.00 check be made payable and should it be mailed to you at your Deerfield Beach office address? Please advise. Thank you. JOHN C. RANDOLPH JONESFOSTER Ionv;uiLe, nLltlYi44 John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 j=doIph@Jon&sEoster.co Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 www,jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt This email is personal to the named recipient(s) and may be privileged and confidential If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibiter. Please immediately notify us by email and delete the original message. From: William Ring rmallto:wrinoCalcommerce -group com] Sent: Wednesday, November 06, 2013 10:59 AM To: Randolph, John C. Cc: OConnor, Joanne M.; Richman, Ashlee A.; Ryan Witmer; William Ring Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Hi —1 wanted to make sure you received this email last week. MM William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570 -3510 (ph) 954 - 360 -0807 (fax) 954 - 328.4383 (cell) From: William Ring Sent: Thursday, October 31, 2013 12:36 PM To: Randolph, John C. Cc: OConnor, Joanne M.; Richman, Ashlee A,; William Ring; Ryan Witmer Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Skip: In furtherance of our last conversation regarding the settlement of the Chandler Request #333 Lawsuit, attached for your review are: 1. Release of All Claims 2. Joint Stipulation of Dismissal, With Prejudice Please review and let us know if you have any comments. Upon the payment of the agreed upon $1500.00 and the receipt of the information requested in #333, we are prepared to execute the Release and file the Joint Dismissal. Thanks MM William F. Ring Real Estate & Development Commerce Group, Inc. 1260 West Newport Center Drive Deerfield Beach, FL 33442 954- 570 -3510 (ph) 954 - 360 -0807 (fax) 954 - 328 -4383 (cell) Matias, Sally From: William Ring <wring @commerce - group.com> Sent: Friday, November 08, 2013 7:04 PM To: Randolph, John C. Cc: William Ring; Ryan Witmer Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 John: Sorry I missed your call earlier. The check should be payable to "William F Ring Jr. Esq PA Trust Account' - And mail it to the Deerfield Beach address below. Let me know when we can pick up the documents. Thanks, M William F. Ring Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570 -3510 (ph) 954 - 360 -0807 (fax) 954 -328 -4383 (cell) From: Randolph, John C. [ mailto :]Randoloh(abionesfoster.comJ Sent: Friday, November 08, 2013 3:55 PM To: William Ring Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Bill, The documents look fine. To whom should the $1,500.00 check be made payable and should it be mailed to you at your Deerfield Beach office address? Please advise. Thank you. JOHN C. RANDOLPH ]ONE TOSTER John C. Randolph Attorney Ditect Dial: 561.650.0458 1 Far: 561.650.5300 1 irandoll2hRionesfoster.com Jones, Foste::, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Plagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipients) and may be privileged and confidential If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: William Ring rmalito:wring commerce- orouo.com] Sent: Wednesday, November 06, 2013 10:59 AM To: Randolph, John C. Cc: OConnor, Joanne M.; Richman, Ashlee A.; Ryan Witmer; William Ring Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Hi — I wanted to make sure you received this email last week. Bill William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954- 570- 3510(ph) 954 - 360- 0807(fax) 954 - 328 -43B3 (cell) From: William Ring Sent: Thursday, October 31, 2013 12:36 PM To: Randolph, John C. Cc: OConnor, Joanne M.; Richman, Ashlee A.; William Ring; Ryan Witmer Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Skip: In furtherance of our last conversation regarding the settlement of the Chandler Request #333 Lawsuit, attached for your review are: 1. Release of All Claims 2. Joint Stipulation of Dismissal, With Prejudice Please review and let us know if you have any comments. Upon the payment of the agreed upon $1500.00 and the receipt of the information requested In #333, we are prepared to execute the Release and file the Joint Dismissal. Thanks M William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570 -3510 (ph) 954- 360- 0807(fax) 954 -328 -4383 (cell) Matias, Sally From: Randolph, John C. Sent: Friday, November 08, 2013 3:55 PM To: 'William Ring' Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Follow Up Flag: Follow up Flag Status: Flagged go The documents look fine. To whom should the $1,500.00 check be made payable and should it be mailed to you at your Deerfield Beach office address? Please advise. Thank you. JOHN C. RANDOLPH JONESFOSTER John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jran olnh ionesfosrcr com Jones, Foster, Johnston & Stubbs, P.A. Flagler. Center Tower, 505 South Flagler Drive, Suite '1100, West Palm Beach, Florida 33401 561- 659 -3000 1 wy;wJonesfoster.com U,S. 'Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming unnils are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please hntnediately notify us by ema l and delete the original message. From: William Ring [mailto•wring(alcommerce -orouo com] Sent: Wednesday, November 06, 2013 10:59 AM To: Randolph, John C. Cc: OConnor, Joanne M.; Richman, Ashlee A.; Ryan Witmer; William Ring Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Hi — I wanted to make sure you received this email last week. Ml William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570- 3510(ph) 954- 360 -0807 (fax) 954 - 328 -4383 (cell) From: William Ring . Sent: Thursday, October 31, 2013 12:36 PM To: Randolph, John C. Cc: OConnor, Joanne M.; Richman, Ashlee A.; William Ring; Ryan Witmer Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Skip: In furtherance of our last conversation regarding the settlement of the Chandler Request #333 Lawsuit, attached for your review are: 1. Release of All Claims 2. Joint Stipulation of Dismissal, With Prejudice Please review and let us know if you have any comments. Upon the payment of the agreed upon $1500.00 and the receipt of the information requested in #333, we are prepared to execute the Release and file the Joint Dismissal. Thanks M William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570 -3510 (ph) 954 - 360 -0807 (fax) 954 - 328 -4383 (cell) Matias, Sally From: William Ring <wring @commerce- group.com> Sent: Wednesday, November 06, 2013 10:59 AM To: Randolph, John C. Cc: OConnor, Joanne M.; Richman, Ashlee A.; Ryan Witmer, William Ring Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Hi — I wanted to make sure you received this email last week M William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570 -3510 (ph) 954 - 360 -0807 (fax) 954 - 328 -4383 (cell) From: William Ring Sent: Thursday, October 31, 2013 12:36 PM To: Randolph, John C. Cc: OConnor, Joanne M.; Richman, Ashlee A.; William Ring; Ryan Witmer Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Skip: In furtherance of our last conversation regarding the settlement of the Chandler Request #333 Lawsuit, attached for your review are: Release of All Claims Joint Stipulation of Dismissal, With Prejudice Please review and let us know.ifyou have any comments. Upon the payment of the agreed upon $1500.00 and the receipt of the information requested in #333, we are prepared to execute the Release and file the Joint Dismissal. Thanks In William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570- 3510(ph) 954 - 360 -0807 (fax) 954 - 328 -4383 (cell) Matias, Sally From: William Ring <wring @commerce- group.com> Sent: Thursday, October 31, 2013 12:36 PM To: Randolph, John C. Cc: OConnor, Joanne M.; Richman, Ashlee A.; William Ring; Ryan Witmer Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Attachments: DRAFT - Joint Stipulation of Dismissal with Prejudice - 10.28.13.docx; RELEASE OF ALL CLAIMS 10.28.13.13.docc Skip: In furtherance of our last conversation regarding the settlement of the Chandler Request #333 Lawsuit, attached for your review are: 1. Release of All Claims 2. Joint Stipulation of Dismissal, With Prejudice Please review and let us know If you have any comments. Upon the payment of the agreed upon $1500.00 and the receipt of the information requested in #333, we are prepared to execute the Release and file the Joint Dismissal. Thanks MIf William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, Fl- 33442 954 - 570 -3510 (ph) 954 - 360- 0807(fax) 954 - 328 -4383 (cell) IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JOEL CHANDLER, Plaintiff, V. CASE NO.: 2013 CA 007789 7XXX MB AN THE TOWN OF GULF STREAM, Defendant. JOINT STIPULATION OF DISNIISSAL, WITH PREJUDICE This Joint Stipulation of Dismissal is made between Plaintiff Joel Chandler ( "Chandler ") and Defendant Town of Gulf Stream (the "Town ") (together, the "Parties "). The Parties have reached an agreement to fully and finally dispose of this action. Among other things, the Parties have agreed as follows: 1. That the above styled action is hereby dismissed with prejudice. 2. That the Town hereby withdrawals, retracts, and voluntarily strikes the averments set forth in paragraph 44 of the Town's Answer to the Complaint that the Plaintiff was acting at the direction of another party, person or entity. Joanne M. O'Connor, Esquire Florida Bar No. 0498807 joconno Qonesfoster.com Ashlee A. Richman, Esquire Florida Bar No. 0091609 arichman@a,jonesfoster com Jones, Foster, Johnston & Stubbs, P.A. 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 Attorneys for Defendant William F. Ring, Jr. Esquire Florida Bar No.: 961795 wring@commerce- group.com William F. Ring, Jr. ESQUIRE P.A. 1280 W. Newport Center Dr. Deerfield Beach, Florida 33442 Telephone: (954) 570-3510 Fax: (954)360-0807 Attorney for Plaintiff RELEASE OF ALL CLAIMS ('Release ") 1. FOR AND IN CONSIDERATION OF the payment to Mr. Joel Chandler (hereinafter "Chandler ") of the sum of one dollar ($1.00), and other good and valuable consideration, Chandler has released and discharged, and by these presents does for itself, its heirs, executors, administrators and assigns, release, acquit and forever discharge the Town of Gulf Stream (hereinafter "Gulf Stream ") from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April 15, 2013 which bears the identification #333, which is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which is designated by the Case Number: 2013 CA 007789 XXXX MB AN. 2. FOR AND IN CONSIDERATION OF the payment to Gulf Stream of the sum of $1.00, and other good and valuable consideration, the Gulf Stream has released and discharged, and by these presents do for themselves, their successors, heirs, executors, administrators and assigns, release, acquit and forever discharge Chandler from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April 15, 2013 which bears the identification #333, which Is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 In the Circuit Court of the Fifteenth Judicial Circuit In and for Palm Beach County, Florida, which Is designated by the Case Number: 2013 CA 007769 XXXX MB AN, 3. Both Chandler and Gulf Stream understand and agree that the consideration as set forth above is the compromise of a disputed claim and is not to be construed as an admission of liability on the part of parties by whom liability Is expressly denied. 4. This Release Is governed by and shall be construed in accordance with the laws of the State of Florida. 5. Chandler and Gulf Stream through their authorized representatives have carefully read this Release and know the contents thereof, and are signing the same as their own free act. IN WITNESS WHEREOF, the undersigned has executed this Release of the day and date first written above. JOEL CHANDLER By: TOWN OF GULF STREAM By: WFRESQPAIJC333 10.28.2013 Page 1 MAYOR Matias, Sally From: Randolph, John C. Sent: Wednesday, September 25, 2013 9:50 AM To: 'William Ring' Subject: RE: Joel Chandler Settlement - Request #333 Bill, The Commission approved the payment of the $1,500.00 in settlement of this case, along with providing the records requested and incorporating language in the dismissal along the lines of what you suggested In your most recent email. Additionally, we need to exchange releases. How do you wish to proceed? Would you like to prepare a Notice of Voluntary Dismissal with prejudice for my review? Please let me know. Thank you. JOHN C. RANDOLPH �'CII�LSFOiSTER John C. Randolph Attorney DircctDiah 561.650.0458 ( Fax: 561.650.5300 1 jrp ddoolphajonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South rlagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659-3000 I www,jones£oster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may.delay receipt. 11tis email is personal to the named redpient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: William Ring fmailto:wdnoColcommerce -group com] Sent: Monday, September 23, 2013 2:00 PIA To: Randolph, John C. Cc: William Ring; Ryan Witmer Subject: Joel Chandler Settlement - Request #333 Skip: Following our call today, we would be willing to reduce our demand from $2000.00 to $1500.00 (a 25% reduction l) As far as the offending paragraph ( #44 of your answer, see attached), it alleges that Mr. Chandler was acting at the direction of Mr. O'Boyle. As I mentioned, Mr. Chandler would like that misimpression cleared up. We would accept a statement In the voluntary dismissal that "The Town hereby retracts the assertions in the Answer, and specifically paragraph #44, that the Plaintiff, Mr. Chandler, was acting at the direction of another party, person or entity." Something like that. The amount above assumes we spend no more time on the file. 31P William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570- 3510(ph) 954 - 360 -0807 (fax) 954- 328 -4383 (cell) Matias, Sally From: William Ring <wring @commerce - group.com> Sent: Monday, September 23, 2013 2:00 PM To: Randolph, John C. Cc: William Ring; Ryan Witmer Subject: Joel Chandler Settlement - Request #333 Attachments: img- 923093029- 0001.pdf Skip: Following our call today, we would be willing to reduce our demand from $2000,00 to $1500.00 (a 25% reduction!) As far as the offending paragraph ( #44 of your answer, see attached), it alleges that Mr. Chandler was acting at the direction of Mr. O'Boyle. As I mentioned, Mr. Chandler would like that misimpression cleared up. We would accept a statement in the voluntary dismissal that "The Town hereby retracts the assertions in the Answer, and specifically paragraph #44, that the Plaintiff, Mr. Chandler, was acting at the direction of another party, person or entity." Something like that. The amount above assumes we spend no more time on the file. ME William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570 -3510 (ph) 954- 360 -0807 (fax) 954 - 328 -4383 (cell) IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JOEL CHANDLER, Plaintiff, V. 'CASE NO.: 2013 CA 007789 XXXX MB AN THE TOWN OF GULF STREAM, Defendant. r ANSWER TO COMPLAINT Defendant, THE TOWN OF GULF STREAM (the "Town" or the "Defendant "), by and through undersigned counsel, hereby answers and asserts Defenses to the Verged Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary Relief (the "Complaint ") filed by the Plaintiff, JOEL CHANDLER ( "Chandler" or the "Plaintiff'). As to each paragraph alleged in the Complaint, the Town responds as follows: 1. The Town denies that Plaintiffs civil rights have been violated, but admits that this action concerns Plaintiffs allegations that Defendant has violated Chapter 119, Florida Statutes (2012) (the "Public Records Act'). 2. The Town admits the allegation in paragraph 2 that the Complaint seeks declaratory and monetary relief. 3. The Town admits that the Complaint seeks the relief specified in Paragraph 3, but denies that Plaintiff is entitled to the requested relief, only. Jurisdiction and Venue 4. The Town admits the allegation in paragraph 4 for purposes of jurisdiction 1 5. The Town admits the allegation in paragraph 5 for purposes of jurisdiction only. 6. The Town admits the allegation in paragraph 6 for purposes of venue only. The Parties 7. The Town admits the allegation In paragraph 7. S. The Town admits the allegation in paragraph 8. 9. The Town admits the allegation in paragraph 9. 10. The Town admits the allegation in paragraph 10. Florida's Public Records Act 11. The Town admits the allegation in paragraph 11. 12. The Town admits the allegation In paragraph 12. 13. The Town admits the allegation in paragraph 13. 14. The Town admits the allegation in paragraph 14. 15. The Town admits the allegation in paragraph 15. Factual Background 16. The Town admits the allegation in paragraph 16. 17. The Town admits the allegation In paragraph 17. 18. The Town admits the allegation in paragraph 18. 19. The Town admits the allegation in paragraph 19. 20. The Town admits the allegation in paragraph 20. 21. The Town admits that Plaintiff was offered all requested documents at a charge of $0.15 per page. 2 Count I- Unlawful Withholding of Public Records 22. The Town incorporates its responses to allegations In paragraphs 1 -21. 23. The Town admits that paragraph 23 is an accurate restatement of the law. 24, The Town admits the allegation In paragraph 24. 25. The Town admits the allegation In paragraph 25. 26. The Town admits that the allegation in paragraph 26 is an accurate restatement of the law. 27. The Town admits that the actual cost of duplication of 11 x 17 copies is less than $0.15 per page. 28, The Town denies the allegation in paragraph 28 as it states a legal conclusion. 29. ' The Town admits that a fee was requested for production of documents. 30. The Town admits that the allegation In paragraph 30 is an accurate restatement of the law. 31. The Town admits that ten minutes to fulfill a request is not extensive pursuant to Section 119.07(4)(d), but denies the remainder of paragraph 31. Count II- Unlawful Withholding of Public Records 32, The Town incorporates Its responses to allegations in paragraphs 1 -21. 33. The Town denies the allegation In paragraph 33. 34. The Town admits that Plaintiff stated he would pay the statutorily authorized fee for the public records but denies that Plaintiff provided the Town with any financial compensation for the production of records, 35. The Town admits the allegation in paragraph 35. 3 38. The Town admits the allegation in paragraph 36. 37. The Town admits that paragraph 37 is an accurate restatement of the law. 38. The Town admits that the Plaintiff has a legal right to. public records but denies the allegation in paragraph 38 to the extent that it implies the Town has not performed its duty under the Public Records Act adequately. 39. The Town admits that Plaintiff Is entitled to a hearing, but denies the necessity of an immediate hearing. 40. The Town denies the allegations in paragraph 40. Attorney's Fees 41. The Town admits that the allegation in paragraph 41 is an accurate reflection of the law but denies that Plaintiff is entitled to attorney's fees. Relief Requested 42. The Town denies that Plaintiff Is entitled to a Judgment in its favor or for any relief whatsoever, including the relief requested in paragraphs (a) -(e). DEFENSES 43. In further response to the allegations above, the Town avers that, in all respects, Plaintiff is not entitled to any relief. 44. The Town avers that it Is the Town's reasonable belief that the Public Records Request that is the subject of this action was filed at the direction of Martin E. O'Boyle ( "O'Boyle "), The Town avers in support of this belief the following facts: a. At the time Plaintiff brought the Public Records Request to the Town, he was accompanied by O'Boyle (who was delivering his own request at the time), and another associate of O'Boyle, Ryan Witmer (who was 4 also delivering a request that the Town believes was submitted at the direction of O'Boyle), b. The address listed on the Public Records Request is the same address provided by O'Boyle for the requests that he has submitted to the Town. C. The attorney of record for Plaintiff is also the attorney of record for four other actions' brought against the Town by or at O'Boyle's direction with respect to various public records requests. 45. The Town avers that more than four hundred (400) public records requests have been filed by or at the direction of Martin E. O'Boyle since March 2013. 46. The Town avers that the Town has produced thousands of pages in response to the numerous public records requests filed by or at the direction of O'Boyle. 47. The Town avers that the Town has a staff of only four (4) people, not including law enforcement and fire personnel. 46. The Town avers that the record custodian who received the subject Public Records Request from Plaintiff was under the impression that the requests submitted by O'Boyle, Ryan Witmer, and Plaintiff could be treated as cumulative requests for purposes of charging for extensive use of resources? ' The Town is moving to have the five actions (including the underlying action) brought by or at the direction of O'Boyle with attorney William F. Ring as the attorney of record transferred to and consolidated In the division of the oldest action (Judge Peter D. Blanc's Division). 2 Though numerous requests at the direction of an Individual may be viewed for their cumulative Impact in evaluating whether an agency's response time was reasonable, there Is no case law that specifically allows for requests to be treated as cumulative for purposes of assessing costs for extensive time to respond. ee Lana v. Reedy Creek Improvement Districf, No.CJ -5546 (Fla. 9th Cir. Ct. Oct. , 1995), affirmed per curfam, 675 So. 2d 947. (Fla. 5th DCA 1996), in which the circuit court rejected the petitioner's claim that the agency should have produced records within 10, 20 and 80 -day periods. The court considered the plaintiffs numerous (19) public records requests and found the agency's response to 5 49. The Town avers that the records custodian was also under the good faith Impression that fifteen cents (the statutory fee for copies that are 14 inches by 8 '% inches) could also be charged as the statutory fee for the records produced for Plaintiff on larger paper (11 x 17 inches). The Town further avers that when the records custodian offered the documents for payment after fulfilling Plaintiffs request, Plaintiff simply responded that he would pay "the statutory amount", and did not explain further before leaving the Town Hall. 50. The Town avers that the records custodian made an error In good faith, of which the Plaintiff was aware but did not explain- choosing Instead to file an otherwise unnecessary legal action against the Town. 51. The Town avers that, having learned of the records custodian's good faith mistake, the Town will produce the requested documents to Plaintiff upon payment of the statutory amount, including costs of staff time as a special service charge.' 52. The Town avers that, should Plaintiff elect not to procure the documents that the Town has produced and is holding for Plaintiff, the Town is authorized to bill Plaintiff for the actual cost of copying and producing the records. I HEREBY CERTIFY that a copy of the foregoing has been furnished by e-mail this 22nd day of July, 2013 to the following: be reasonable In light of the cumulative Impact of the requests and the fact that the requested records contained exempt and nonexempt Information, requiring considerable time to review and redact ' 'For the purposes of satisfying a public records request, the fee to be charged by an agency If It elects to provide a copy of a public record In a medium that Is not routinely used by the agency, . ,must be In accordance with s.119.07.74, F.S. (authorizing Imposition of a special service charge If excessive Information technology resources or labor are required)." Govemment -in- the - Sunshine Manual, First Amendment Foundation, p. 149 (2012). u William F. Ring, Jr., Esquire 1280 W. Newport Center Dr, Deerfield Beach, FL 33432 wrinoCakommerce -arouo com JONES, FOSTER, JOHNSTON & STUBBS, P.A. Attorneys for Defendant 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 561 -659 -3000 By: /s /AshleeA. Richman Joanne M. O'Connor,, Esquire Florida Bar No. 0498807 ioconnor(a.ionesfoster.com AshleeA. Richman, Esquire Florida Bar No. 0091609 arichman@lonesfoster.com p: ldomll3l4T000241pid\1gr2g33.doa Matias, Sally From: William Ring <wring @commerce- group.com> Sent: Tuesday, September 17, 2013 1:07 PM To: Randolph, John C. Cc: Ryan Witmer; William Ring Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream Skip —what happened with Chandler —Are we done? MM William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954- 570 -3510 (ph) 954 - 360- 0807(fax) 954 - 328 -4383 (cell) From: Randolph, John C. [ mailto •JRandolph@ionesfoster.com] Sent: Thursday, September 05, 2013 4:22 PM To: William Ring Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream Bill, Please be advised that the offer contained within your email of August 14, 2013, relating to the above referenced matter, has been scheduled to be heard by the Town Commission at an attorney client closed door session on Friday, September 13, 2013. The Commission meeting begins at 3:30 p.m. and it will be at that time that I will ask for the attorney client session. Assuming my request is granted, the session will take place immediately following the 5:01 p.m. public hearing relating to the budget. Please give me a call at your convenience so we can discuss this matter further. Thank you. JOHN C. RANDOLPH JONESFUSTER John C. Randolph Attorney Direct Dial: 56L650.0458 I Fax: 561.650.5300 1 jraaclolph@ionesfoster.com Jones, Foster,.Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Dave, Suite 1100, West Palm Beach, Florida 33401 561- 659 -3000 1 wwww- jonesfoster com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: William Ring Finailto :wring@ggmmerce- aroup.com] Sent: Wednesday, August 14, 2013 6:13 PM To: Randolph, John C. Cc: Ryan Witmer,, William Ring; Richman, Ashlee A. Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream Skip: This email is sent for settlement purposes. We need to speak about the Joel Chandler vs. Gulf Stream Public Records Lawsuit. After discussing the matter with Mr. Chandler, here Is what we would like to see happen to settle the case 1. Pay to us the sum of $2,000,00. This would be for our attorney's fees and costs. 2. Provide the requested records to Mr. Chandler. 3. Withdraw /strike /retract the statements made in your motion and answer which assert that Mr. Chandler is essentially a puppet of Marty O'Boyle. This was very insulting to Mr. Chandler (and not true). Unfortunately, time is not our friend. We must, on Friday, file several motions responding to your Answer and Motion to Transfer. Let me know your thoughts. 7W CC: Ashlee Richman, Ryan Witmer William F. Ring 954 - 570 -3510 (ph) 954 -360 -0807 (fax) 954 - 328 -4383 (cell) Matias, Sally From: William Ring <wring @commerce- group.com> Sent: Wednesday, August 14, 2013 6:13 PM To: Randolph, John C. Cc: Ryan Witmer, William Ring; Richman, Ashlee A. Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream Skip: This email is sent for settlement purposes. We need to speak about the Joel Chandler vs. Gulf Stream Public Records Lawsuit. After discussing the matter with Mr. Chandler, here Is what we would like to see happen to settle the case: 1. Pay to us the sum of $2,000.00. This would be for our attorney's fees and costs. 2. Provide the requested records to Mr. Chandler. 3. Withdraw /strike /retract the statements made in your motion and answer which assert that Mr. Chandler is essentially a puppet of Marty O'Boyle. This was very insulting to Mr. Chandler (and not true). Unfortunately, time is not our friend. We must, on Friday, file several motions responding to your Answer and Motion to Transfer. Let me know your thoughts. "f CC: Ashlee Richman, Ryan Witmer William F. Ring 954- 570 -3510 (ph) 954- 360 -0807 (fax) 954- 328 -4383 (cell) IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL, CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Joel Chandler, Plaintiff, V. The Town ofGul£Stream, Defeudent. CASE NO.: ZO / 3 CR oo 17 S I The Plaintiff, Joel Chandler, ( "Plaintiff'), by and through the undersigned counsel, hereby sues The Town of Guif Stream, ( "Defendant "), and as grounds therefore alleges as follows: 1. This action concerns the Defendant's violation of Plaintiffs civil rights pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119, Florida Statutes (2011), (the "Public Records Act"), 2. This action seeks declaratory and monetary relief. 3. Specifically, Plaintiff seeks an order declaring the Defendant to be in breach of its constitutional[ and statutoryz duty to permit access to public records, and compelling the 'Note Article 1 Section 24, Fla. Const. Every person has the right to inspector copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persona acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution. This section specifically Includes the legislative, executive, and judicial branches of government and each agency or department created thereunder; counties, municipalities, and districts; and each I of 10 q;? ;? Defendant to provide access to the requested public records and awarding Plaintiff attorney's fees and costs. Additionally, Plaintiff requests this matter be expedited pursuant to Section 119.1 ](1), Florida Statutesa. Jurisdiction sod Venue 4. This Court has subject matterjurisdiction pursuant to Article V, Section 5(b) ofthe Florida Constitution, and Section 119.11, Florida Statutes. 5. This Court has personal jurisdiction over the Defendant, because the Defendant is a public agency in Palm Beach County. 6. The causes of action in the Instant case accrued in Palm Beach County; therefore, this Court is the appropriate venue for the vindication of Plaintiffs civil rights. The Parties 7. Plaintiff Is a Florida citizen who resides in Polk County. 8. Plaintiff is a "person" as that term is used in the Public Records Act. See § l 19.07(1)(a), Fla. Stat.4 9. The Defendant is an "agency" pursuant to Section 119.011(2), Florida Statutes .6 constitutional officer, board, and commission, or entity created pursuant to law or this Constitution. t Note § 119.07(1)(a), Flo, Stat. Every person who has custody of a public record ahall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records. r Note § 119.11(1), Fla. Stat. whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases. 4 See Footnote "27. Note § 119.011(2), Fla. Stat. "Agency" means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law including, for the purposes of this chapter, the Commission on Ethics, the 2of10 10. The Defendant has a duty to permit the inspection, copying, and photography of Defendant's public records by awn i person desiring to do so, at a reasonable time, under reasonable conditions, and for reasonable costs'. (Emphasis added). See § 119.07, Fla. Stat; Art. 1, § 24, Fla. Const. Florida's Public Records Act 11. Florida's Public Records Act implements a right guaranteed to members of the public under the Florida Constitution and it therefore promotes "a state interest of the highest order," See NCAA v. Associated press, 18 So. 3d 1201, 1212 (lst DCA 2009)7. Public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. 'Note 2av- -M i" "t -In- The- St.nsh'ne M t 2012E dition. page 144. The term "reasonable conditions" as used in a. 119.07(1)(a), F.S., "refers not to conditions Which must be fulfilled before review is permitted but to reasonable regulations that would permit the custodian of records to protect them from alteration, damage, or destruction and also to ensure that the person reviewing the records is not subjected to physical constraints designed to preclude review." Wait u. Florida Power & Light Company, 372 So. 2d 420, 426 (Fla. 1979). See also State ex ref. Dauis U. McMillan, 38 So. 666 (Flo. 1906); and Tribune Company u. Cannella, 468 So. 2d 1076, 1078 (Ms. 1984), appeal dismissed sub nom., DeParle u. 75ibune Company, 106 S.Ct. 2316 (1986) (the sole purpose of custodial supervision is to protect the records from alteration, damage, or destruction). Accordingly, the "reasonable conditions' do not include a rule or condition of inspection which operates to restrict or circumvent a person's right of access. AGO 76.60. 'The courts of this state have invalidated measures which seek to impose any additional burden on those seeking to exercise their rights to obtain records" under Ch. 119, F.S. Inf. Op. toCaek, May 27, 2011. And see State u. Webb, 786 So. 2d 602 (no. tat DCA 2001) (requirement that persons with custody of public records allow records to be examined "at any reasonable time, under reasonable conditions" is not unconstitutional as applied to public records custodian who was dilatory in responding to public records requests). T Note NCA_A v Aesr"ia "d Press 18 So. 3d 1201, 1212 (let DCA 2009) We are not persuaded that the Public Records law has an indirect effect on interstate commerce, but even if some ellect had been established, we could not say that the law violatea the dormant Commerce Clause, The Public Records law implements a right guaranteed to members of the public under the Florida Constitution and it therefore promotes a state interest of the highest order. The negligible impact the law mighthave an interstate commerce clearly does not outweigh the goal of ensuring open government. 3of10 12. The right of access to public records applies to "any public body, officer, or employee of the state, or persons acting on their behalf...." Art. 1, § 24, Fin. Const.; see also § 119.011(2), Fla. Stat.a 13. Under the Public Records Act, "[e)very person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records." See § 119.07(1)(a), Fla, Stat.B 14. Under the Public Records Act, "[a)uy person shall have the right of access to public records for the purpose of making photographs of the record..." See § 119.07(3)(a), Fla, Stat.ra I5. Defendant, as an agency and custodian of records, has an obligation to provide any non-exempt public records for inspection, copying and photography upon request. See § 119.07(1)(a)tt, §119.07(3)(a)12, Fla. Stat.; Art. I, § 24, Fla. Const.13 Factual Background 16. On the Morning of April 15, 2013 Plaintiff arrived at the Gulf Stream Town Hall, ("Town Hall'I, located at 100 Sea Road, Gulf Stream, Florida in order to make a public records request. 17. Specifically, Plaintiff sought to obtain, by personal delivery of written request to Rita Taylor, the Town Clerk and records custodian for the Defendant (hereinafter, "Town Clerk "), "copies of all plans which are I 1 X 17 in size and which are in regard to application #1 on the e See Footnote "6 ". Y See Footnote "2 ". 1O Nate 9 119.07(3)(a), Fla. Stat, Any person shall have the right of access to public records for the purpose or making photographs of the record while such record is in the possession, custody, and control of the custodian of public records. lr See Footnote "2". 17 See Footnote "10 ". ra See Footnote "1 ". 4 of10 agenda ofthe Town Commission Meeting Dated April 12, 2013 for the premises known as 3211 North Ocean Boulevard, Gulf Stream, FL." (the "Request') See Exhibit A. I S. The Town Clerk acknowledged receipt of the Request, and informed Plaintiff that the request would take approximately 10 minutes to fulfill. 19. Approximately 10 minutes later, the Town Clerk returned with copies of the requested documents in hand. 20.7he Town Clerk demanded payment of $6.95 as a condition of access to the public records. 21. The calculation of 56.95 included a charge of $0.15 per I 1 X 17 page in addition to a charge for the time spent to retrieve, copy, and re-file the public records. Count 1.- Imposition of an Unlawful Fee 22. Plaintiff re- alleges and incorporates by reference paragraphs I through 21 as if fully alleged herein. 23. Section 119.07(4), Florida Statutes states that "The custodian of public records shall famish a copy of the record upon payment of the fee prescribed by law. If a fee is not prescribed by law, the following fees are authorized." 24. No fee is prescribed by law specifically for 11 X 17 copies. 25. Section I I9.07(4)(a)(3), Florida Statutes provides that the authorized fee is, "for all other copies, the actual cost of duplication of the public record." 26. The actual cost of duplication is defined in Florida Statutes Section 1 19.011 as "the cost of the material and supplies used to duplicate the public record, but does not include labor cost or overhead cost associated with such duplication. 5of10 27. The actual cost of duplication of these 11 X 17 copies is significantly less than $0.15 per page. 28. The Defendant's refusal to provide Plaintiff with the requested copies unless and until Plaintiff paid $0.15 for each I I X 17 copy constituted an imposition of an unlawful fee. 29. The Defendant also imposed a charge for the time spent to retrieve, copy, and re -file the public records. 30. Under Florida Statutes Section 119.07(4)(d), a special service charge to reimburse the agency for labor costs is permissible only, "1f the nature or volume of public records requested to be inspected or copied pursuant to this subsection is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved." 31. The Request, which took only anoroxirnately 10 minutes to fulfill, was not "extensive" pursuant to Section 119.07(4)(d), and therefore the imposition of a charge for the time spent to retrieve, copy, and re -file the public records was an imposition of an unlawful fee. Count 11— Unlawful Withholding of Public Records 32. Plaintiff re- alleges and incorporates by reference paragraphs 1 through 31 as if fully alleged herein, 33. The Defendant's refusal to allow Plaintiff to inspect the requested public records violates Article 1, Section 24(s) of the Florida Constitution, Section 119.07(1)(a), Florida Stotutesr^ and is inconsistent with well - established case law16, u Sce Footnote "2 ". "See Bell v. Hendrick 6 So. 868 (Fla. 1889) (public records belong "to the public office and not to the of5cer,"); See also Stnto ax .rel. Davidson v -Q14gh 166 So. 297 (Fla. 1934); See also City of .G11inCnAje v. Stnte ex. rat. Inter""worat e........:_c__ -e q:__ Pi h' rs' ^nl NO 2267 298 So.2d 478 (let DCA 1974) (records that "are made by a city employee in the normal course of conducting the elty'e business acs materials which ere open to the citizens of this state for inspection.'); See also 6of10 34. Plaintiff made clear to Defendant that Plaintiff was willing to pay the statutorily authorized fee for the public records. 35. The records being sought by Plaintiff are public records pursuant to Section 119.011(12)16, Florida Statutes. 36. There is no statutory exemption that applies to the requested public records and the Defendant has cited none. 37. Violations of Section 119.07, Florida Statutes constitute an irreparable public injuryll. 38. Plaintiff has a clear legal right to insist upon the performance of the Defendant's duty to permit inspection, copying and photographing of public records. 39. Section 119.1 1(1), Florida Statutes requires this matter be set for an immediate bearing.ts 40. All conditions precedent to this action have occurred or have been excused or waived, State ex rel. V ale r`.ity nP ilr "n R "1.,n 963 So. 2d 1194 (Fla. 4th DCA 1977) (the Public Records Act "requires the public official with custody of a public record to disclose it to any member of the public, including the media, who wishes to inspect it. Non -disclosure is permitted only if there is an exemption provided" by statute.); See also 11M&1!m&3 Publishing Co v add 388 So. 2d 276, 278 (Ms. 2d DCA 1980) ("Absent a statutory exemption, a court is not free to consider public policy questions regarding the relative significance of the public's interest in disclosure and the damage to an individual or institution resulting from such disclosure."), 16 Note § 119.011(12), Fla. Stet. "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical farm, characteristica, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of oflicial business by any agency. 19 Note Daniels v. Bryson, 548 So, 2d 679, 680 (Fla. 3d DCA 1989) The impermissible withholding of documents otherwise required to be disclosed constitutes, in and of itself, irreparable injury to the person making the public records request, Since the purpose of Chapter 119 is to afford disclosure of information without delay to any member of the public making a request, nondisclosure prevents access to the information and is an injury not ordinarily compensable in damages. ra See Footnote 43". 7of10 Attorneys' Fees 41. The Public Record Act provides that "[ilia civil action is filed against an agency to enforce the provisions of this chapter and if the court determines that such agency unlawfully refused to permit a public record to be inspected or copied, the court shall assess and award, against the agency responsible, the reasonable costs of enforcement including reasonable attorneys' fees." See § 119.12, Fla. Stat. Relief Requested WHEREFORE, Plaintiff prays this Court; (a) Set an immediate hearing pursuant to Section 119. 11, Florida Statutes;ta (b) Declare that the Defendant's failure to provide Plaintiff with access to the requested public records was unconstitutional and unlawful under Article 1, Section 24 of the Florida CoostitutionZO and the Public Records Act;%' (c) Order the Defendants to allow the inspection, copying and photographing of the requested records (upon payment of the statutorily authorized fees); (d) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this action, as provided in Section 1 19.12, Florida Statutes;22 and (e) Grant such further relief as the Court deems proper. 'e See Footnote "3 ". 2e See Footnote "1 ". "See Footnote "2". n See Verified Complaint at "42 ". 8of10 Dated: 1�P"1 U4L— , 101.3 9of10 Respectfully submitted, WILLIAM F. RLNG, JR. ESQUIRE PA ATTORNEY ron t' , 1 T rr William .Rin@,Jr. Florida Bar No.: 961795 1280 W. Newport Center Dr. Deerfield Beach FL, 33432 Telephone: (954) 570 -3510 Fax: (954) 360.0807 E -Mail; mriOLfrlcrnntncrcc -urom� com VERIFICATION STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared Joel Chandler, who, being fast duly identified and sworn, deposes and says thatthis VERIFIED COMPLAINT is based on records and information known to him, and are true and correct to the best of his knowledge, information, and belief. He who is personally known to me/has produced as id ntificatio . By: :Joel Chandler ated:'J�/ 1�9 i 04122=40421 Dated: Rag 10 of 10 (SEAL) :t /,s 13 RECORDS REQUEST (the "Request ")%frlD Date of Request: 4/15/13 / U G Requestor's Request ID#: 333 REQUESTEE: CUSTODIAN OF RECORDS IOWN OF GULF STREAM REQUESTOR JOEL CHANDLER REQUESTOR'S CONTACT INFORMATION: E -Mail: gpoci XX Fax: 954- 360 -0807; Address: 1280 WestNewport Center Drive, Deerfield Beach, FL 33442 REQUEST: PLEASE PROVIDE COPIES OF ALL PLANS WHICH ARE 11 X 17 IN SIZE AND WHICH ARE IN REGARD TO APPLICATION #1 ON THE AGENDA OF THE TOWN COMMISSION MEETING DATED APRIL 12 2013 FOR THE PREMISES IQ-TOWN AS 3211 NORTH OCEAN BOULEVARD, GULF STREAM, FL ADDITIONAL INFORMATION REGARDING REQUEST: Please respond to E -Mail: joel.chandier@fc)gwatch.org THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT, CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER TIM COMMON LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY RIGHT TO IfNOW (INCLUDING, WITHOUT LEV11TATION, ANY STATUTORY RIGHT OF ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF THE RE, QUESTOR 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 PAPDR NOTE: IN ALL CASES (UNLESS DIPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY PLEASE PROVIDE THE APPROXIMATE COSTS CI ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requester upprove of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requester by the Agency. I:PWR/FRR 04.15.13 FORM 01 -09- 201.3 /a 4S m IN THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH (,7� COUNTY, FLORIDA CPS *� 1 Zg 4 JOEL CHANDLER, Plaintiff, V, Case No.: x013 CF400-7-739 TOWN OF GULF STREAM, Defendant. TO: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 SUMMONS IMPORTANT A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of this court. A phone call will not protect you. Your written response, including the case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book). If you choose to file a written response yourself, at the same time you file your written response to the court you must also mail or take a copy of your written response to the "Plaintiff/Plaintiffs Attorney" named below. IMPORTANTE Usted ha sido demandado legalmente. Tiene 20 dias, contados a partir del recibo de esta notifrcacion, pars contestar la demanda adjunta, pot' escrito, y presentarla ante este tribunal. Una llamada telefoncia no to protegera. Si usted desea que el tribunal considere su defensa, debe presenter so respuesta por escrito, incluyeado el munero del caso y Jos nombres de las partes interesadas. Si usted no contesta ]a demanda a tiernpo, pudiese perder el caso y podria set despojado de sus ingresos y propiedades, o privado de sus derechos, sin previo aviso del tribunal. 1 of 3 .-�R:� Existen otros requisitos legales. Si to desea, puede usted consulter a un abogado, puede llamar a una de las ofccinas de asistencia legal que aparecen en la guia telefonica. Si desea responder a la demanda por su cuenta, at mismo tiempo en que presenta su respuesta ante el tribunal, debera usted enviar por correo o entregar una copia de su respuesta a la persona denominada abajo comp "Plaintiff/Plaintiffs Attorney" (Demandante o Abogado del Demandante). IMPORTANT Des Poursuites 7udiciares ont ete entreprises contre vous. Vous avez 20 jours consecutifs a partir de la date de 1'assignation de cette citation pour deposer une reponse ecrite a la plainte ci- jointe aupres de ce tribunal. Un simple coup de telephone est insuffisant pour vous proteger. Vous etes oblige de deposer votre reponse ecrite, avec mention du numero de dossier ci- dessus et du nom des parties nominees ici, si vous souhaitez que to tribunal entende votre cause. Si vous ne deposez pas votre response ecrite dans le relai requis, vous resquez de perdre la cause ainsi que votre salaire, votre argent, et vos biens peuvent etre saisis par la suite, sans aucun preavis ulterieus du tribunal. Il y a d'autres obligations juridiques et vous pouvez requerir les services immediats d'un avocat. Si vous ne connaissez pas d'avocat, vous pourriez telephoner a un service de reference d'avocats ou a un bureau d'assistance juridique (frgurant a Pannuaire de telephones). Si vous choisissez de deposer vous -meme une reponse ecrite, it vous faudra egalement, en meme temps que cette formalite, faire parvenir on expedier une copie de votre reponse ecrite an "Plaintiff/Plaintiffs Attorney" (Plaignant ou a son avocat) nomme ci- dessous. WILLIAM F. RING, JR. ESQUM PA ATT RNCY FOR PL [FF rlliam F. Ring, Jr. Florida Bar No.: 961795 1280 W. Newport Center Dr. Deerfield Beach FL, 33432 Telephone: (954) 570 -3510 Fax: (954) 360 -0807 E -Mail: wring@commerce-group.com 2 of 3 STATE OF FLORIDA TO EACH SHERIFF OF THE STATE: You are commanded to serve this summons and a copy of the Complaint in this lawsuit on the above -named Defendant. WITNESS MY HAND AND SEAL of said court. DATE.44e' � 2013. Clerk of the Court Isl NINA BYSIEWIC2' = •� �0 k 3 of 3 RELEASE OF ALL CLAIMS ( "Release') 1. FOR AND IN CONSIDERATION OF the payment to Mr. Joel Chandler (hereinafter °Chandler ") of the sum of one dollar ($1.00), and other good and valuable consideration, Chandler has released and discharged, and by these presents does for Itself, Its heirs, executors, administrators and assigns, release, acquit and forever discharge the Town of Gulf Stream (hereinafter 'Gulf Stream ") from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April 15, 2013 which bears the identification 9333, which Is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 in the Circuil Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which is designated by the Case Number: 2013 CA 007789 XXXX MB AN. 2. FOR AND IN CONSIDERATION OF the payment to Gulf Stream of the sum of $1.00, and other good and valuable consideration, the Gulf Stream has released and discharged, and by these presents do for themselves, their successors, heirs, executors, administrators and assigns, release, acquit and forever discharge Chandler from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April 15, 2013 which bears the Identification 9333, which Is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which Is designated by the Case Number. 2013 CA 007789 XXXX MB AN. 3. Both Chandler and Gulf Stream understand and agree that the consideration as set forth above is the compromise of a disputed claim and is not to he construed as an admission of liability on the part of parties by whom liability is expressly denied. 4. This Release is governed by and shall be construed In accordance with the laws of the State of Florida. S. Chandler and Gulf Stream through their authorized representatives have carefully read this Release and know the contents thereof, and are signing the same as their own free act. IN WITNESS WHEREOF, the undersigned has executed this Release of the day and date first written above. ,,. AIL 1, AYOW WFRE90PAMC333 10282013 Page 1 Kelly Avery From: noreply @myFlcourtaccess.com Sent: Monday, July 22, 2013 2:58 PM Subject: Filing Received Dear Ashlee Richman: This email verifies the receipt of 2 documents submitted by you to Palm Beach Circuit Civil division on 07/22/2013 02:57:43 PM. Case Number: 2013CA007789 The E- Portal reference number of this filing is: 3927229. Please reference this Filing # in any correspondence. We will notify you when processing is complete. This is a non - monitored email. Do not reply directly to it. If you have any questions about this filing please contact the Palm Beach Circuit Civil division. Thank you, Florida Courts eFiling Portal Staff 1 Kelly Avery From: Kieta, Marge Sent: Monday, July 22, 2013 2:58 PM To: 'wring @commerce- group.com' Cc: Richman, Ashlee A.; OConnor, Joanne M. Subject: SERVICE OF COURT DOCUMENT Case No. 50 2013 CA 007789 XXXX MB AN Attachments: answer 24.pdf; motion transfer 24.pdf 15th Judicial Circuit, Palm Beach County, Florida Case No. 50 2013 CA 007789 XXXX MB AN Chandler v. Town of Gulf Stream 1. Answer to Complaint 2. Motion to Transfer JONESFOSTER Margaret L. Kieta Secretary to Sidney A. Stubbs, Roberto NI. Vargas, and Ashlee A. Richman Direct Dial: 561.650.0408 1 Fax: 561.650.5300 1 mkieta(@.ionesfoster.com ]ones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 - 659 -3000 1 www.ionesfoster.com U.S. 'treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JOEL CHANDLER, Plaintiff, V. THE TOWN OF GULF STREAM, Defendant. CASE NO.: 2013 CA 007789 XXXX MB AN MOTION TO TRANSFER Defendant, THE TOWN OF GULF STREAM (the "Town "), by and through undersigned counsel, hereby moves this Court for an order transferring the above- styled Case Number 502013CA007789XXXXMBAN to Judge Peter D. Blanc's Division in this Circuit Court, and in support thereof states as follows: 1. On May 6, 2013, the Plaintiff, Joel Chandler ( "Plaintiff') filed a one -count Verified Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary Relief in Case Number 502013CA007789XXXXMBAN (Action II). Count I is a claim for Unlawful Withholding of Public Records. 2. The Public Records Request that is the subject of Action II (the "Request ") was submitted in person by Joel Chandler. Joel Chandler was accompanied by Martin E. O'Boyle ( "Mr. O'Boyle ") when he submitted the Request. 3. Action II is one of many filed by or at the direction of Mr. O'Boyle for purposes of harassing the Town. The chart, attached as Exhibit A, reflects all of the law suits filed by or at the direction of Mr. O'Boyle and depicts the Town's effort to consolidate these cases based on the similarity of legal issues and named plaintiffs (as explained in the Chart's legend). 4. William F. Ring, Jr., Esq. (Mr. Ring), is the attorney of record in five of the cases filed at Mr. O'Boyle's direction. 5. The oldest action filed by Mr. Ring at Mr. O'Boyle's direction is Case Number 502013CA007608XXXXMBAA (Action 1). Action I was assigned to Judge Peter D. Blanc on May 3, 2013. Action I is also titled Verified Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary Relief, with one count for Unlawful Withholding of Public Records. The named Plaintiff in Action I is Ryan L. Witmer. 6. The third action filed by Mr. Ring at Mr. O'Boyle's direction is Case Number 502013CA008125XXXXMBAH (Action III). Action III was assigned to Judge Lucy Chernow Brown on May 10, 2013. Action III is also titled Verified Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary Relief, with one count for Unlawful Withholding of Public Records. The named Plaintiff in Action III is Commerce Group, Inc. Mr. O'Boyle signed the Verification attached to the Complaint for Action III, and he is listed on the Public Records Request that is the subject of Action III as the President of Commerce Group, Inc. 7. The fourth action filed by Mr. Ring at Mr. O'Boyle's direction is Case Number 50201 3CA008452XXXXM BAG (Action IV). Action IV was also assigned to this Division on May 17, 2013. Action IV is also titled Verified Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary Relief, with one count for Unlawful Withholding of Public Records. The named Plaintiff in Action IV is Mr. O'Boyle. 2 8. The fifth Action filed by Mr. Ring at Mr. O'Boyle's direction is Case Number 50201 3CA008594XXXXM BAG (Action V). Action V was assigned to Judge David F. Crow's Division on May 20, 2013. Action V is also titled Verified Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary Relief, with one count for Unlawful Withholding of Public Records. The named Plaintiff in Action V is Airline Highway LLC. According to the signed and notarized Verification attached to the Complaint in Action V, Mr. O'Boyle is the Managing Member of Airline Highway LLC. 9. The contact information provided in the Public Records Request that is the subject of Action I is: "1280 West Newport Center Drive, Deerfield Beach, FL 33442." The e-mail address provided in the Public Records Request that is the subject of Action I is: brussell(a?commerce- oroup.com. 10. The contact information provided in the Public Records Request that is the subject of Action II is : "1280 West Newport Center Drive, Deerfield Beach, FL 33442." The e-mail address brussell(a)commerce- group.com has been crossed out, but is still visible, in the Public Records Request for Action II. 11. The contact information provided in the Public Records Request that is the subject of Action III is: "1280 West Newport Center Drive, Deerfield Beach, FL 33442." The e-mail address provided in the Public Records Request that is the subject of Action III is moboyleecommerce- aroup.com. 12. The contact information provided in the Public Records Request that is the subject of Action IV is also "1280 West Newport Center Drive, Deerfield Beach, FL 33442." The e-mail address provided in the Public Records Request that is the subject of Action IV is: recordsna.commerce- aroup.com. 3 13. The contact information provided in the Public Records Request that is the subject of Action V is also "1280 West Newport Center Drive, Deerfield Beach, FL 33442." The e-mail address provided in the Public Records Request that is the subject of Action V is: recordsna commerce- group.com. 14. The named plaintiffs in Actions I, II, III, IV and V are all connected to Mr. O'Boyle and have the same known address and similar e-mail addresses (all connected to Commerce Group, Inc.). 15. Actions I, II, III, IV and V have similar parties and have common questions of law and fact. The anticipated issues, facts, statutory framework, and defenses are substantially similar and closely related. 16. On July 22, 2013, the Town filed corresponding Motions to Transfer to Judge Peter D. Blanc's division in Actions III, IV, and V. 17. It is appropriate to transfer the Action V to Judge Peter D. Blanc's Division, to allow the Town to move to consolidate Action II with Actions 1, III, IV, and V. Consolidation will reduce judicial labor and attorney time and related fees and costs, and it will minimize the possibility of inconsistent results. WHEREFORE, the Town moves this Court for an Order transferring Case Number 50201 3CA007789XXXXM BAN to Judge Peter D. Blanc's Division, and granting such other or further relief as the Court deems just and proper. I HEREBY CERTIFY that a copy of the foregoing has been furnished by e-mail this 22nd day of July, 2013 to the following: William F. Ring, Jr., Esquire 1280 W. Newport Center Drive Deerfield Beach, FL 33432 wring @commerce- group.com 12 JONES, FOSTER, JOHNSTON & STUBBS, P.A. Attorneys for Defendant 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 561 - 659 -3000 By: /s /AshleeA. Richman Joanne M. O'Connor, Esquire Florida Bar No. 0498807 ioconnor(d)'onesfoster.com Ashlee A. Richman, Esquire Florida Bar No. 0091609 a rich man(c-)lonesfoster.com pAdocs \13147 \00024 \pld \1 gg1845.docx TOWN OF GULF STREAM PUBLIC RECORDS LAWSUITS Legend: BOLD: Pro Se cases ITALICS: Cases represented by attorney William Ring that are not "N984AC Caravan LLC" cases UNDERLINING: N984AC Caravan LLC cases represented by attorney William Ring CASE NO. AND DATE FILED DATE PLAINTIFF JUDGE SERVED -and - PLAINTIFF'S ATTORNEY (O'Boyle's Role) 502013CA00675OXXXXMBAO 4/24/2013 4124/2013 Martin E. O'Boyle Catherine M. Brunson '•••••••••••' "••'''' "' Pro Se 502013CA01112OXXXXMBAO 715/2013 715/2013 Martin E. O'Boyle Catherine M. Brunson ....................... Pro Se 502013CA011122XXXXMBAI 7/5/2013 7/512013 Martin E. O'Boyle Meenu Sasser ••••••••••••••••••••••• Pro Se 502013CA011411XXXXMBAJ 7/1012013 7/10/2013 Martin E. O'Boyle Joseph Marx •••••••••••••••'••••••• Pro Se 502013CA011414XXXXMBAI 7110/2013 7/10/2013 Martin E. O'Boyle Meenu Sasser ....................... Pro Se 502013CAOI1416XXXXMBAO 7/10/2013 7/10/2013 Martin E. O'Boyle Catherine M. Brunson ••••••••••••••......... Pro Se EXHIBIT A CASE NO. AND DATE FILED DATE PLAINTIFF JUDGE SERVED -and - PLAINTIFF'S ATTORNEY (O'Boyle's Role) 502013CA011417XXXXMBAD 7/10/2013 7/10/2013 Martin E. O'Boyle Gregory Keyser ..................... Pro Se 502013CA011421XXXXMBAG 7/10/2013 7/10/2013 Martin E. O'Boyle David F. Crow " " ••••••'•'•'••••••••• Pro Se 502013CA011423XXXXMBAD 7/1012013 7/10/2013 Martin E. O'Boyle Gregory Keyser ••••••••'•••••'•••••••. Pro Se 502013CA011424XXXXMBAE 7/1012013 7/1012013 Martin E. O'Boyle Edward Fine ••'•••••••••••••••••••• Pro Se 502013CA007609XXXXMBAA 51312013 71912013 Ryan L. Witmer Peter D. Blanc '•'•••••••••'••'•••••••• William F. Ring, Jr., Esq. (Uses O'Boyle's Business and E -Mail Address) 502013CA007789XXXXMBAN 51612013 71912013 Joel Chandler Lucy ChernowBrown " " " "•••'•• "•'•••••• William F. Ring, Jr., Esq. (Uses O'Boyle's Business Address) 502013CA008125XXXXMBAH 511012013 71912013 Commerce Group, Inc. Lucy Chernow Brown "'•••'•'••••••••••••••. William F. Ring, Jr., Esq. (Uses O'Boyle's Business and E -Mail Address and O'Boyle is listed as President) CASE NO. AND DATE FILED DATE PLAINTIFF JUDGE SERVED -and - PLAINTIFF'S ATTORNEY (O'Boyle's Role) 502013CA008452XXXXMBAG 511712013 71212013 Martin E. O'Boyle David F. Crow " " " " "• " "• "'• "" William F. Ring, Jr., Esq. 502013CA008594XXXXMBAG 512012013 7/2/2013 Airline Highway LLC David F. Crow "' • • " " "............ • William R. Ring, Jr., Esq. (Uses O'Boyle's Business and E -Mail Address and O'Boyle Listed as Managing Member) 502013CA008701XXXXMBAA 5/23/2013 7/2/2013 N984AC Caravan LLC Peter D. Blanc " "•' • • "............ • • William F. Ring, Jr., Esq. (Uses O'Boyle's Business and E -Mail Address and O'Boyle Listed as Managing Member) 502013CA008809XXXXMBAA 5/23/2013 7/2/2013 N984AC Caravan LLC Peter D. Blanc " " " "............ • • • • William F. Ring, Jr.. Esq. (Uses O'Boyle's Business and E -Mail Address and O'Boyle Listed as Managing Member) 502013CA008919XXXXMBAD 5/23/2013 7/2/2013 N984AC Caravan LLC Gregory Keyser " "' • "• "............ • William F. Ring, Jr.. Esq. (Uses O'Boyle's Business and E -Mail Address and O'Boyle Listed as Managing Member) p: \docs\l 3147\00001 \doc \1 gr2673.docx IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JOEL CHANDLER, Plaintiff, V. CASE NO.: 2013 CA 007789 XXXX MB AN THE TOWN OF GULF STREAM, Defendant. ANSWER TO COMPLAINT Defendant, THE TOWN OF GULF STREAM (the "Town" or the "Defendant "), by and through undersigned counsel, hereby answers and asserts Defenses to the Verified Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary Relief (the "Complaint ") filed by the Plaintiff, JOEL CHANDLER ( "Chandler" or the "Plaintiff "). As to each paragraph alleged in the Complaint, the Town responds as follows: 1. The Town denies that Plaintiffs civil rights have been violated, but admits that this action concerns Plaintiffs allegations that Defendant has violated Chapter 119, Florida Statutes (2012) (the "Public Records Act "). 2. The Town admits the allegation in paragraph 2 that the Complaint seeks declaratory and monetary relief. 3. The Town admits that the Complaint seeks the relief specified in Paragraph 3, but denies that Plaintiff is entitled to the requested relief. only. Jurisdiction and Venue 4. The Town admits the allegation in paragraph 4 for purposes of jurisdiction 1 5. The Town admits the allegation in paragraph 5 for purposes of jurisdiction only. 6. The Town admits the allegation in paragraph 6 for purposes of venue only. The Parties 7. The Town admits the allegation in paragraph 7. 8. The Town admits the allegation in paragraph 8. 9. The Town admits the allegation in paragraph 9. 10. The Town admits the allegation in paragraph 10. Florida's Public Records Act 11. The Town admits the allegation in paragraph 11. 12. The Town admits the allegation in paragraph 12. 13. The Town admits the allegation in paragraph 13. 14. The Town admits the allegation in paragraph 14. 15. The Town admits the allegation in paragraph 15. Factual Background 16. The Town admits the allegation in paragraph 16. 17. The Town admits the allegation in paragraph 17. 18. The Town admits the allegation in paragraph 18. 19. The Town admits the allegation in paragraph 19. 20. The Town admits the allegation in paragraph 20. 21. The Town admits that Plaintiff was offered all requested documents at a charge of $0.15 per page. K Count I- Unlawful Withholding of Public Records 22. The Town incorporates its responses to allegations in paragraphs 1 -21. 23. The Town admits that paragraph 23 is an accurate restatement of the law. 24. The Town admits the allegation in paragraph 24. 25. The Town admits the allegation in paragraph 25. 26. The Town admits that the allegation in paragraph 26 is an accurate restatement of the law. 27. The Town admits that the actual cost of duplication of 11 x 17 copies is less than $0.15 per page. 28. The Town denies the allegation in paragraph 28 as it states a legal conclusion. 29. The Town admits that a fee was requested for production of documents. 30. The Town admits that the allegation in paragraph 30 is an accurate restatement of the law. 31. The Town admits that ten minutes to fulfill a request is not extensive pursuant to Section 119.07(4)(d), but denies the remainder of paragraph 31. Count II- Unlawful Withholding of Public Records 32. The Town incorporates its responses to allegations in paragraphs 1 -21. 33. The Town denies the allegation in paragraph 33. 34. The Town admits that Plaintiff stated he would pay the statutorily authorized fee for the public records but denies that Plaintiff provided the Town with any financial compensation for the production of records. 35. The Town admits the allegation in paragraph 35. 3 36. The Town admits the allegation in paragraph 36. 37. The Town admits that paragraph 37 is an accurate restatement of the law. 38. The Town admits that the Plaintiff has a legal right to public records but denies the allegation in paragraph 38 to the extent that it implies the Town has not performed its duty under the Public Records Act adequately. 39. The Town admits that Plaintiff is entitled to a hearing, but denies the necessity of an immediate hearing. 40. The Town denies the allegations in paragraph 40. Attorney's Fees 41. The Town admits that the allegation in paragraph 41 is an accurate reflection of the law but denies that Plaintiff is entitled to attorney's fees. Relief Requested 42. The Town denies that Plaintiff is entitled to a judgment in its favor or for any relief whatsoever, including the relief requested in paragraphs (a) -(e). DEFENSES 43. In further response to the allegations above, the Town avers that, in all respects, Plaintiff is not entitled to any relief. 44. The Town avers that it is the Town's reasonable belief that the Public Records Request that is the subject of this action was filed at the direction of Martin E. O'Boyle ( "O'Boyle "). The Town avers in support of this belief the following facts: a. At the time Plaintiff brought the Public Records Request to the Town, he was accompanied by O'Boyle (who was delivering his own request at the time), and another associate of O'Boyle, Ryan Witmer (who was 0 also delivering a request that the Town believes was submitted at the direction of O'Boyle). b. The address listed on the Public Records Request is the same address provided by O'Boyle for the requests that he has submitted to the Town. c. The attorney of record for Plaintiff is also the attorney of record for four other actions' brought against the Town by or at O'Boyle's direction with respect to various public records requests. 45. The Town avers that more than four hundred (400) public records requests have been filed by or at the direction of Martin E. O'Boyle since March 2013. 46. The Town avers that the Town has produced thousands of pages in response to the numerous public records requests filed by or at the direction of O'Boyle. 47. The Town avers that the Town has a staff of only four (4) people, not including law enforcement and fire personnel. 48. The Town avers that the record custodian who received the subject Public Records Request from Plaintiff was under the impression that the requests submitted by O'Boyle, Ryan Witmer, and Plaintiff could be treated as cumulative requests for purposes of charging for extensive use of resources. ' The Town is moving to have the five actions (including the underlying action) brought by or at the direction of O'Boyle with attorney William F. Ring as the attorney of record transferred to and consolidated in the division of the oldest action (Judge Peter D. Blanc's Division). Z Though numerous requests at the direction of an individual may be viewed for their cumulative impact in evaluating whether an agency's response time was reasonable, there is no case law that specifically allows for requests to be treated as cumulative for purposes of assessing costs for extensive time to respond. See Lang v. Reedy Creek Improvement District, No.CJ -5546 (Fla. 9th Cir. Ct. Oct. , 1995), affirmed per curiam, 675 So. 2d 947 (Fla. 5th DCA 1996), in which the circuit court rejected the petitioner's claim that the agency should have produced records within 10, 20 and 60 -day periods. The court considered the plaintiff's numerous (19) public records requests and found the agency's response to 5 49. The Town avers that the records custodian was also under the good faith impression that fifteen cents (the statutory fee for copies that are 14 inches by 8 '/2 inches) could also be charged as the statutory fee for the records produced for Plaintiff on larger paper (11 x 17 inches). The Town further avers that when the records custodian offered the documents for payment after fulfilling Plaintiffs request, Plaintiff simply responded that he would pay "the statutory amount ", and did not explain further before leaving the Town Hall. 50. The Town avers that the records custodian made an error in good faith, of which the Plaintiff was aware but did not explain- choosing instead to file an otherwise unnecessary legal action against the Town. 51. The Town avers that, having learned of the records custodian's good faith mistake, the Town will produce the requested documents to Plaintiff upon payment of the statutory amount, including costs of staff time as a special service charge.' 52. The Town avers that, should Plaintiff elect not to procure the documents that the Town has produced and is holding for Plaintiff, the Town is authorized to bill Plaintiff for the actual cost of copying and producing the records. I HEREBY CERTIFY that a copy of the foregoing has been furnished by e-mail this 22nd day of July, 2013 to the following: be reasonable in light of the cumulative Impact of the requests and the fact that the requested records contained exempt and nonexempt information, requiring considerable time to review and redact. ' "For the purposes of satisfying a public records request, the fee to be charged by an agency if it elects to provide a copy of a public record in a medium that is not routinely used by the agency ...must be in accordance with s.119.07.74, F.S. (authorizing imposition of a special service charge if excessive Information technology resources or labor are required)." Government -in- the - Sunshine Manual, First Amendment Foundation, p. 149 (2012). William F. Ring, Jr., Esquire 1280 W. Newport Center Dr. Deerfield Beach, FL 33432 wring(cDcom merce- grouo.com p: \docs\ 13147 \000241pld \l gr2833. docx JONES, FOSTER, JOHNSTON & STUBBS, P.A. Attorneys for Defendant 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 561 - 659 -3000 By: /s/ Ashlee A. Richman Joanne M. O'Connor, Esquire Florida Bar No. 0498807 locon nor(@ionesfoster.com Ashlee A. Richman, Esquire Florida Bar No. 0091609 a rich m a n(a)ionesfoster. com 7 Kelly Avery From: Matias, Sally Sent: Wednesday, January 08, 2014 10:17 AM To: 'Bill Thrasher' (bhrasher @gulf- stream.org) Cc: 'Rita Taylor Subject: Chandler vs Town of Gulf Stream Case No. 50 2013 CA 007789 XXXX MB AN Attachments: 1 HW7317- release of all claims fully executed.PDF; 1 HS3815 -joint stipulation dismissal.PDF Attached for your records are fully executed copies of the Release of All Claims and the Joint Stipulation of Dismissal with Prejudice. Sally JONESFOSTER pmnuna: sn.ne., na. Sally Matias Secretary to John C. Randolph and 1-1. Michael Easley Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smatias(@,jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Power, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 www.ionesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us bV email and delete the original message. Electronically Filed 12/18/2013 11:40:59 AM ET IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JOEL CHANDLER, Plaintiff, V. CASE NO.: 2013 CA 007789 XXXX MB AN THE TOWN OF GULF STREAM, Defendant. JOINT STIPULATION OF DISMISSAL. WITH PREJUDICE This Joint Stipulation of Dismissal is made between Plaintiff Joel Chandler ( "Chandler ") and Defendant Town of Gulf Stream (the "Town ") (together, the "Parties "). The Parties have reached an agreement to fully and finally dispose of this action. Among other things, the Parties have agreed as follows: 1. That the above styled action is hereby dismissed with prejudice. 2. That the Town hereby withdrawals, retracts, and voluntarily strikes the averments set forth in paragraph 44 of the Town's Answer to the Complaint that the Plaintiff was acting at the direction of another party, person or entity. -(- V�� Joa 'Connor, Esquire Flori i Bar No. 0498807 ioconnor@ionesfoster.com Ashlee A. Richman, Esquire Florida Bar No. 0091609 arichman@ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 Attorneys for Defendant William F. Ring, Jr. Esquire Florida Bar No.: 961795 wring@commerce-group.com William F. Ring, Jr. ESQUIRE P.A. 1280 W. Newport Center Dr. Deerfield Beach, Florida 33442 Telephone: (954) 570 -3510 Fax: (954)360-0807 Attorney for Plaintiff RELEASE OF ALL CLAIMS ('Release"1 1. FOR AND IN CONSIDERATION OF the payment to Mr. Joel Chandler (hereinafter *Chandler') of the sum of one dollar ($1.00), and other good and valuable consideration, Chandler has released and discharged, and by these presents does for Itself, its heirs, executors, administrators and assigns, release, acquit and forever discharge the Town of Gulf Stream (hereinafter °Gulf Stream ") from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April 15, 2013 which bears the identification 9333, which is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 In the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which Is designated by the Case Number: 2013 CA 007789 XXXX MB AN. 2. FOR AND IN CONSIDERATION OF the payment to Gulf Stream of the sum of $1.00, and other good and valuable consideration, the Gulf Stream has released and discharged, and by these presents do for themselves, their successors, heirs, executors, administrator: and assigns, release, acquit and forever discharge Chandler from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April 15, 2013 which bears the Identification 0333, which Is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 In the Circuit Court of the Fifteenth Judicial Clrcuit in and for Palm Beach County, Florida, which Is designated by the Case Number. 2013 CA 007789 XXXX MB AN. 3. Both Chandler and Gulf Stream understand and agree that the consideration as set forth above Is the compromise of a disputed claim and Is not to be construed as an admission of liability on the part of parties by whom liability is expressly denied. 4. This Release Is governed by and shall be construed In accordance with the laws of the State of Florida. S. Chandler and Gulf Stream through their authorized representatives have carefully read this Release and know the contents thereof, and are signing the same as their own free act. IN WITNESS WHEREOF, the undersigned has executed this Release of the day and date first written above. TOWN OF GULF STREIVA /�,L' 1A ^4'- WFRE90PAU= 1098.2013 Page 1 Kelly Avery From: Ryan Witmer <rwitmer @commerce - group.com> Sent: Monday, December 30, 2013 3:43 PM To: Richman, Ashlee A. Cc: William Ring; Norma Lenna; Randolph, John C. Subject: Joel Chandler v. Gulf Stream - #333 - Case No.: 2013 CA 007789 XXXX MB AN Attachments: 2013_12_30_15_10_53.pdf Ashlee: Attached is the executed Release of All Claims for the above captioned case. My understanding is that are no outstanding obligations remaining for either side in connection with the settlement of this case. Please feel free to contact me if you require anything else. Best regards, Ryan Witmer 954 -574 -6885 RWitmer0commerce- grouo.com RELEASE OF ALL CLAIMS f "Release ") 1. FOR AND IN CONSIDERATION OF the payment to Mr. Joel Chandler (hereinafter °Chandler°) of the sum of one dollar ($1.00), and other good and valuable consideration, Chandler has released and discharged, and by these presents does for itself, Its heirs, executors, administrators and assigns, release, acquit and forever discharge the Town of Gulf Stream (hereinafter °Gulf Stream') from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April 15, 2013 which bears the Identification 9333, which Is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 In the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which is designated by the Case Number: 2013 CA 007789 )IX7IX MB AN. 2. FOR AND IN CONSIDERATION OF the payment to Gulf Stream of the sum of $1.00, and other good and valuable consideration, the GUN Streem has released and discharged, and by these presents do for themselves, their successors, heirs, executors, administrators and assigns, release, acquit and forever discharge Chandler from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April 15, 2013 which bears the Identification 0333, which Is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which is designated by the Case Number. 2013 CA 007789 XXXX MB AN. 3. Both Chandler and Gulf Stream understand and agree that the consideration as set forth above Is the compromise of a disputed claim and Is not to be construed as an admission of liability on the part of parties by whom liability Is expressly denied. 4. This Release Is governed by and shall be construed In accordance with the laws of the State of Florida. 5. Chandler and Gulf Stream through their authorized representatives have carefully read this Release and know the contents thereof, and are signing the same as their own free act. IN WITNESS WHEREOF, the undersigned has executed this Release of the day and date first written above. TOWN OF GULF STK*k. �L' `& Y. WFRESOPAUC333 10 UC13 Page 1 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 2, 2015 Martin E. O'Boyle [mail to: records @commerce- group.com] Re: GS #1365 (803) Provide a copy of all public records received from, sent to or created by Jeff Gray and /or Joel Chandler and /or Robert Sweetapple for the period beginning January 1, 2013 through the date of this request. [915114] Provide a copy of all communications between Dear Martin E. O'Boyle [mail to: records(a),commerce- eroun.com], 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 htty://www2.eulf- stream.orQ/WebLink8 /0 /doc /20415/Paeel.aspx. 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 Grav 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, 2013 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, 2013 through the date of your request, a partial production of records are available at httii://www2.gulf-stream.org/WebLink8/0/doc/20415/Pagel.aspx. These documents include: • Communications received from or sent to Mr. Chandler or his counsel; and, • Public records related to a 2013 settlement between the Town and Mr. Chandler including the settlement agreement, drafts of the agreement and communications. Public record requests made by Mr. Chandler to the Town in 2013 are available online at www.gulf- stream.org, click on "I Want To... ", click on "Find a Town Record ", click on "Public Records Requests ", click on "2013 ", there you will have the option to choose either the "Public Requests Number Log" which lists the requests or the actual requests by clicking "Public Records Requests ". 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 & Parkas, P.L, Case No. 502014CA0I1941XXXXMB 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, Stopdirtygovemment, 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. 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. § I I9.07(4)(d). (1 hours @ 36.39 = 36.39) - (.25 hour @ 36.39= 9.10) + (2 hours @ 125.00 = 250.00) + (1 hour @ 235.00 = 235.00) = Deposit Due: $512.29 in cash or check. Finally and in particular since you have made a broad request for any public record "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 2 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. § I I9.07(4)(d). (2 hours @ 36.39 = 72.78) + (1 hours @ 120.00 = 120.00) + (1 hour @ 235.00 = 235.00) _ Deposit Due: $427.78 in cash or check. Robert Sweetapple Records You have also requested "all public records received from, sent to or created by" Robert Sweetapple, Esq. To the extent that you seek communications between Mr. Sweetapple and the Town from January 1, 2013 through September 5, 2014, the partial production can be found at hqp: / /www2. gulf- stream.orgfWebLink8/DocView asnx ?id= 6696 &dbid =0 Invoices received by the Town from Sweetapple, Broeker & Varkas, P.L. can be found at hu: / /www2.gulf- stream .org /WebLink8 /0 /doc /20415/Pagel . aspx. 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)1. 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 = $1,732.85 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