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HomeMy Public PortalAboutPRR 14-1431From: Chris O'Hare [mailto:chrisoharegulfstream @gmail.com] Sent: Wednesday, September 17, 2014 10:59 PM To: Bill Thrasher Subject: Public Record Request thrasher emails 9 -16 -14 PUBLIC RECORDS REQUEST 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: All emails created or received by bill thrasher on September 16, 2014. 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 6119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 6119.07(1)(f) of the Florida Statutes. Please take note of 6119.07(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 6119.01(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: chrisohareciulfstream CrDgmail.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via c -mail September 26, 2014 Chris O'Hare [mail to: chrisoharegulfstream @gmail.com] Re: GS #1431 (thrasher emails 9- 16-14) All emails created or received by bill thrasher on September 16, 2014. Dear Chris O'Hare [mail to: chrisoharegulfstream @gmail.com], The Town of Gulf Stream received your public records request on September 17, 2014. If your request was received in writing, then the request can be found at the following link: hn: / /www2.gulf- stream .org /WebLink8 /0 /doc /21034/Pa eg 1_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 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: Harry LaFarge <lafargetech @gmail.com> Sent: Tuesday, September 16, 2014 10:14 PM To: Bill Thrasher Subject: Request for some public records GS # 614 Police video Attention to the Custodian of Records, This email is a request for public records. I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes. I make this request of your agency for the following public records: The most recent video filmed from the vehicle of a Gulf Stream police car. This is a request for electronic records. The records sought are videos created and received in digital electronic form and are composed of digital images and other electronic and digital elements. Please produce the records in their complete original electronic format in which they were created or received. See §119.01(2)(0, Florida Statutes. Do not reduce, compress, reformat, refile or otherwise alter the electronic record. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the speck 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 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 any records are readily available, please produce those records first without waiting for all responsive records to be available. Produce the less readily available records as soon as they are available. If you anticipate the production of any 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. If any records may be produced for less than $1.00, please produce those records first while waiting to obtain authorization from me to produce more costly records. Do not incur any costs that you expect me to pay which are greater than $1.00 until notifying me of that cost and then obtaining my authorization to do so. All responses to this public records request should be made in writing to the following email add ress:l afaroetech (d-)q m ail.co m Kelly Avery From: John Breuer <johnbreuerarchitect @gmail.com> Sent: Tuesday, September 16, 2014 10:07 PM To: Bill Thrasher Subject: 9 -16 -14 1 want a public record - morgan Itr to res. PUBLIC RECORDS REQUEST 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: The three most recent letters written by Scott Morgan to any Town Resident. 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. 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 any records are readily available, please produce those records first without waiting for all responsive records to be available. Produce the less readily available records as soon as they are available. If your agency maintains the record being sought in an electronic format please produce the records in the original electronic format in which they were created or received. See §119.01(2)(f), Florida Statutes. If you anticipate the production of any 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. If any records may be produced for less than $1.00, please produce those records first while waiting to obtain authorization from me to produce more costly records. Do not incur any costs that you expect me to pay which are greater than $1.00 until first obtaining my authorization to do so. All responses to this public records request should be made in writing to the following email address: iohnbreuerarchitectftmail.com Kelly Avery From: William Bendix <bbendixcompanies @gmail.com> Sent: Tuesday, September 16, 2014 10:04 PM To: Bill Thrasher Subject: Pubic Record - Thrasher text Please forward to your agency's Custodian of Records 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 text messages that are public records located on Bill Thrasher's cell phone. 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 §I 19.07(1)(f) 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 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 any records are readily available, please produce those records first without waiting for all responsive records to be available. Produce the less readily available records as soon as they are available. 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)(f), Florida Statutes. If you anticipate the production of any 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. If any records may be produced for less than $1.00, please produce those records first while waiting to obtain authorization from me to produce more costly records. Do not incur any costs that you expect me to pay which are greater than $1.00 until first obtaining my authorization to do so. All responses to this public records request should be made in writing to the following email address: bbendixcompanies(@gmail.com Kelly Avery From: June Ellis <ellisconsulting9622 @gmail.com> Sent: Tuesday, September 16, 2014 9:59 PM To: Bill Thrasher Subject: Looking for: Fein agreement. Please forward to your agency's Custodian of Records 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. Most recent Employment agreement or sub - contractor agreement for Sandra Fein. 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 § 119.07(1)(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, 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 any records are readily available, please produce those records first without waiting for all responsive records to be available. Produce the less readily available records as soon as they are available. 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)(f), Florida Statutes. If you anticipate the production of any 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. If any records may be produced for less than $1.00, please produce those records first while waiting to obtain authorization from me to produce more costly records. Do not incur any costs that you expect me to pay which are greater than $1.00 until first obtaining my authorization to do so. All responses to this public records request should be made in writing to the following email address: ellisconsultine9622na,email.com Kelly Avery From: thrasher lies <thrasher.is.a.liar @gmail.com> Sent: Tuesday, September 16, 2014 9:55 PM To: Bill Thrasher Subject: records wanted: home depot and [owes account numbers I AM MAKING A PUBLIC RECORDS REQUEST OF YOUR AGENCY This is done pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes. For the following records: The most recent record of the Town's Home Depot account number and Lowes account number. 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 if you contend the records are exempt from disclosure or inspection. §119.07(c) Florida Statues states you have an 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. As per §119.01(2)(f), Florida Statutes, 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. If you anticipate the production of any of these public records to exceed $2.00 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. If any records may be produced for less than $2.00, please produce those records. Do not incur any costs that you expect me to pay which are greater than $2.00 until first obtaining my authorization to do so. All responses to this public records request should be made in writing to the following email address: thrasher.is.a.liar(a gmail.com Kelly Avery From: we love gulfstream <we.love.gulfstream @gmail.com> Sent: Tuesday, September 16, 2014 8:34 AM To: Bill Thrasher Subject: Request for Public Records - photo 00071 - GS #1213 9/16/14 Public Record Request Pursuant to Article 1 section 24 of the Florida Constitution and Chapter 119, Florida Statutes, I request an electronic copy of the following public records: Any photos in town record of pcn 20434609010000071 If the original record was created electronically than please produce the record in the very same format in which it was created. If the record was not originally created electronically, but was digilaly replicated for electronic archiving or storage, than please produce the record it its current electronic form. If the record was not created electronically and was never electronically replicated than please digitally replicate the record for the purpose of copying it to me. I request all digital records not be "flattened" or de- normalized. If you deny this request in whole or in part, I request that you advise me in writing, as required by section 119.07(1)(e) and (0, Fla. Stat., of the particular statutory exemption upon which you are relying and that you state with particularity the reason for your conclusion that the record is exempt. If an asserted exemption applies to only a portion of a record, please delete the portion that you claim is exempt and release the remainder of the record as required by section 119.07(1)(d). I will pay for the "actual cost of duplication" of the public records as defined by Florida Statutes, section 119.011(1). Please advise me of these costs before taking any billable steps. This is a singular request for a singular public record or group of public records. Please do not gang this request with any other requests regardless of the time period in which you receive this and other requests or the similar nature of any other request to this one. Address all responses to this request to: we.love.gulfstream(a)gmail.com Kelly Avery From: Chris O'Hare < chrisoharegulfstream @gmail.com> Sent: Tuesday, September 16, 2014 9:51 PM To: Bill Thrasher Subject: Public Record Request lady palm violation PUBLIC RECORDS REQUEST 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: The most recent record of the Town notifying any resident, other than O'Hare, that they were in violation of the Town's code due to planting Rhapis excelsa, also known as Lady Palms, on their property. 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 6119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 5119.070)(f) of the Florida Statutes. Please take note of 6119.07(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 6119.01(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: chrisoharegulfstream (cDamail.com Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 2:28 PM To: richard jones, architect Subject: RE: powerpoint Rich, I would bring both. The computer does have MS office on it. Come in early and we will work to see which you want to use. Hill From: richard jones, architect [ mailto:rich @rjarchitecture.com] Sent: Tuesday, September 16, 2014 2:24 PM To: Bill Thrasher Cc: Kelly Avery Subject: RE: powerpoint ok, if not, then I can just open up pdfs. Richard Jones, AIA 1 Principal Richard Jones Architecture Inc. 10 SE First Avenue I Delray Beach, Florida 133444 Corner of East Atlantic Avenue + Old School Square T 561.274.9186 1 F 561.274.9196 1 C 561.706.8706 rich(driarchitecture.com I www.rearchitecture.com ` Please consider the environment before printing this email. From: Bill Thrasher [ma ilto:bthrasher( gulf- stream.oral Sent: Tuesday, September 16, 2014 2:19 PM To: richard jones, architect Cc: Kelly Avery Subject: RE: powerpoint We are checking to determine if the laptop that will be used in the meeting contains MS office. I will let you know what we find out. From: richard jones, architect [ mailto:rich@riarchitecture.coml Sent: Tuesday, September 16, 2014 7:47 AM To: Bill Thrasher; rtavlor(dsilf- stream.ore Subject: powerpoint an Does your computer have power point for the presentation? 1 Thanks, Rich Richard Jones, AIA Principal Richard Jones Ar cture Inc. 10 SE First Avenue I Delray Beach, Florida 133444 Corner of East Atlantic Avenue + Old School Square T 561.274.9186 1 F 561.274.9196 1 C 561.706.8706 ricjh(driarchitecture.com www.roarchitecture.com I► ] Please consider the environment before printing this small. Kelly Avery From: richard jones, architect <rich @rjarchitecture.com> Sent: Tuesday, September 16, 2014 2:24 PM To: Bill Thrasher Cc: Kelly Avery Subject: RE: powerpoint ok, if not, then I can just open up pdfs. Richard Jones, AIA I Principal Richard Jones Architecture Inc. 10 SE First Avenue I Delray Beach, Florida 133444 Corner of East Atlantic Avenue + Old School Square T 561.274.9186 1 F 561.274.9196 1 C 561.706.8706 rich cDriarchitecture.com I www.roarchitecture.com IWA Please consider the environment before printing this email. From: Bill Thrasher [mailto:bthrasher @gulf - stream.org] Sent: Tuesday, September 16, 2014 2:19 PM To: richard jones, architect Cc: Kelly Avery Subject: RE: powerpoint We are checking to determine if the laptop that will be used in the meeting contains MS office. I will let you know what we find out. From: richard jones, architect [ mailto :rich(a)riarchitecture.coml Sent: Tuesday, September 16, 2014 7:47 AM To: Bill Thrasher; rtavlorC�eilf- stream.orz Subject: powerpoint up Does your computer have power point for the presentation? Thanks, Rich Richard Jones, AIA I Principai Richard Jones Architecture Inc. 10 SE First Avenue I Delray Beach, Florida 133444 Corner of East Atlantic Avenue + Old School Square T 561.274.9186 1 F 561.274.9196 1 C 561.706.8706 rich(d)riarchitecture.com I www.roarchitecture.com Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 2:19 PM To: richard jones, architect Cc: 'Kelly Avery (kavery@gulf - stream.org)' Subject: RE: powerpoint We are checking to determine if the laptop that will be used in the meeting contains MS office. I will let you know what we find out. From: richard jones, architect [mailto:rich @rjarchitecture.com] Sent: Tuesday, September 16, 2014 7:47 AM To: Bill Thrasher; rtaylor @gilf - stream.org Subject: powerpoint au Does your computer have power point for the presentation? Thanks, Rich Richard Jones, AIA I Principal Richard Jones Architecture Inc. 10 SE First Avenue I Delray Beach, Florida 133444 Corner of East Atlantic Avenue + Old School Square T 561.274.9186 1 F 561.274.9196 1 C 561.706.8706 rich(driarchitecture.com I www.roarchitecture.com APlease consider the environment before printing this email. Kelly Avery From: richard jones, architect <rich @rjarchitecture.com> Sent: Tuesday, September 16, 2014 7:47 AM To: Bill Thrasher; rtaylor @gilf - stream.org Subject: powerpoint AD Does your computer have power point for the presentation? Thanks, Rich Richard Jones, AIA Principal -eture Inc. 10 SE First Avenue Delray Beach, Florida 133444 Corner of East Atlantic Avenue + Old School Square T 561.274.9186 1 F 561.274.9196 1 C 561.706.8706 rich( riarchitecture.com I www.riarchitecture.com APlease consider the environment before printing this emall. Kelly Avery From: AppleOne Employment Services <websup @appleone.com> Sent: Tuesday, September 16, 2014 3:07 PM To: Bill Thrasher Subject: 2015 Salary and Benefits Guide Dear Valued Client, AppleOne is currently collecting data for our 2015 salary and benefits guide, The SCALE. Your participation, along with thousands of other employers, will help us provide you with current best practices for setting compensation in your organization. Please take a moment to complete our simple online survey. To show our appreciation, we will be happy to provide you with a free advance copy of our 2015 guide. Click the link below to access the survey: htta: / /survev.ainl .com/TakeSurvey.asyx ?E1D =981 B5n2BO38B5G8ol I B776B643BO82 Thank you, Your AppleOne Team We respect your time. If you would prefer not to receive messages like this in the future, simply click the link below: http: / /www.appleone.com/subs/ 327 W. Broadway, Glendale, CA 91204 Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 1:50 PM To: Mick Guymon Subject: RE: workstation Kil From: Mick Guymon [mailto:mguymon @access - computers.net] Sent: Monday, September 15, 2014 8:49 AM To: Bill Thrasher Subject: RE: workstation Below the picutres is the summary. laptop summary: $2,415.20 (price is for laptop only, no s/h or install labor included) The nicer processor, Solid state drive upgrade, extra RAM, touchscreen, and the 3 year accidental warranty raised the cost. If you want to reduce some of the features to save some money let me know, otherwise this is a great laptop. Please let me know if you want me to put this into a quote or make some changes. FYI: Toshiba is one of the only manufactures that offer 17" touchscreens. *4th Generation Intel° Core'"' i7- 4710HQ Processor (6M Cache, up to 3.50GHz) with Intel° Turbo Boost Technology 2.0 *Windows 7 Professional (Windows 8.1 Pro upgrade included) *16GB DDR3L 1600MHz (8GB +8GB) *250GB Solid State Drive *2GB GDDRS AMD Radeon'm R9 M265X graphics — additional video ram *17.3" FHD TruBrite® LED Backlit Display (1920 x 1080) — really high resolution *Touchscreen *DVD SuperMulti ( + / -R double layer) drive *Premium Raised Tile Keyboard LED Backlit with 10 -key (black) - LED backlit is very nice to have *Intel° Dual -Band Wireless -N 7260 2x2 AC+ Bluetooth 4.0 (867Mbps) *3 Year SquareTrade Accidental Damage Service + 2nd /3rd Year Extended Service Plan (1 Year on Battery) — accidental damage in case of a spill or a drop. From: Bill Thrasher [ mailto :bthrasherCdgulf- stream.orel Sent: Sunday, September 14, 2014 9:00 AM To: Mick Guymon Subject: RE: workstation Touch, 17 ", fastest processor, Microsoft wares % , 11 1. i.._.. l�, i n -- - - - - -- Original message -- - - - - -- From: Mick Guymon <meuymon access- computers. net> Date:09 /12/2014 9:30 AM (GMT- 05:00) To: Bill Thrasher <bthrasher c =ulf- stream.or > Cc: Subject: workstation Hi Bill, I needed a little info from you about the new workstation. A voice line and data line to that area would be about 330.00(although you could get away with just a voice line for a phone and leave the laptop wireless) The laptops I've been looking at are 15.6" and 17" Would you like a touch screen? Larger 17" screen or 15.6" screen? Faster i7 processor or good processor i5? When would you like it? The typical range for a decent new laptop is right around $850.00- 1,200.00 keeping in mind you need a business laptop which is more than the regular consumer laptops. This would include a solid state drive to increase the performance. Please answer the few questions I have above, and I'll get you over an exact price. Mick Guymon Access Computers C 954- 658 -8087 ACCESS Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 4:55 PM To: johnbreuerarchitect @gmail.com Subject: GS #1385 (koch III contact) Attachments: GS #1385 (koch III contact).pdf Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 16, 2014 John Breuer [mail to: johnbreuerarchitect @gmail.com] Re: GS #1385 (koch III contact) Any contact information for William FKoch III in the Town's record. Dear John Breuer [mail to: johnbreuerarchitect @gmaii.com], This letter provides you with the full production of public records you have requested in your email dated September 9, 2014 that can be viewed at the following link: httv://www2.gulf- stream.org/WebLink8/0/doe/20718/Pagel.asox. Be advised that the responsive records are available at the same link We consider this matter closed. Sincerely, Town Clerk Custodian of the Records Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 4:16 PM To: bbendixcompanies @gmail.com Subject: GS #1411 (street signs permit) Attachments: GS #1411 (street signs permit).pdf Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 16, 2014 William Bendix [mail to: bbendixcompanies @gmail.com] Re: GS #1411 (street signs permit) First page of the building permit issued by Delray Beach Building Department for recently installed street signs throughout Town. Dear William Bendix [mail to: bbendixcompanies@gmail.com], This letter is in response to the public records you have requested in your email received September 15, 2014. This correspondence is reproduced at the following link: hn: / /www2.gulf- stream .orp./WebLinkS /0 /doc /20970/Pa eg l.asyx. Be advised that no such records exist. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 4:05 PM To: ellisconsulting9622 @gmail.com Subject: GS #1408 (fein withholding cert.) Attachments: GS #1408 (fain withholding cert.).pdf Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 16, 2014 June Ellis [mail to: ellisconsulting9622 @gmail.com] Re: GS #1408 (fein withholding cert.) Most recent Employee's Withholding Allowance Certificate for Sandra Fein. Dear June Ellis [mail to: ellisconsulting9622 @gmail.com], This letter is in response to the public records you have requested in your email received September 15, 2014. This correspondence is reproduced at the following link: http://www2.gulf- stream.org/WebLinkS/0/doc/20976/PaLzel.asvx. Be advised that no such records exist. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 3:02 PM To: johnbreuerarchitect @gmail.com Subject: GS #1329 (1 want a public record - hewlet contact) Attachments: GS #1329 (1 want a public record - hewlet contact).pdf Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 16, 2014 John Breuer [mail to: johnbreuerarchitect @gmail.com] Re: GS #1329 (1 want a public record - hewlet contact) Any contact information for E. Hewlett Kent in the Town's record. Dear John Breuer [mail to: johnbreuerarchitect @gmail.com], This letter provides you with the full production of public records you have requested in your email dated August 31, 2014 that can be viewed at the following link: http://www2.gulf- stream.orelW ebLink8 /0 /doc /20132/Paee l .aspx. Be advised that the responsive records are available at the same link. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 1:39 PM To: nevadasmithcowboy @gmail.com Subject: GS #1399 (trespass in july 2014) Attachments: GS #1399 (trespass in july 2014).pdf Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 16, 2014 Nevada Smith [mail to: nevadasmithcowboy @gmail.com] Re: GS #1399 (trespass in july 2014) Any incident report created in July 1014 involving trespass. Dear Nevada Smith [mail to: nevadasmithcowboy @gmail.com], This letter provides you with the full production of public records you have requested in your email dated September 13, 2014 that can be viewed at the following link: htti)://www2.gulf- stream.org/WebLink8/0/doc/20898/Pagel.aspx. Be advised that the responsive records are available at the same link. Please note that the social security numbers have been redacted pursuant to Fla. Stat. 119.071(5)(a)5. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 1:29 PM To: Records Subject: GS #1279 (102) Attachments: GS #1279 (102).pdf Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 16, 2014 Our Public Records, LLC [mail to: records @commerce- group.com] Re: GS #1279 (102) Provide all Public Records pursuant to which Attorney Sweetapple relied upon to make the statements that he made in numbered subparagraph 4b. (excluding subparagraphs 4, 4a., 4c.,4d., 4e., 4f., 4g., 4h.,4i.,4j., 4k., 41. And 4m) of the Defendant's Motion For Sanctions Against Plaintiff, Martin E. O'Boyle, Counsel of Record, The O'Boyle Law Firm, P. C., Jonathan O'[sicj And William Ring, Esquire was filed by attorney Sweetapple. A copy of subparagraph 4b. of the referenced Motion is attached. Dear Our Public Records, LLC [mail to: records @commerce- group.com], This letter is in response to the public records you have requested in your email received August 9, 2014. This correspondence is reproduced at the following link: htty://www2.gulf- stream.orp/WebLink8 /0 /doc /20072 /Pagel .asnx. Be advised that no such records exist. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 12:35 PM To: ellisconsulting9622 @gmail.com Subject: GS #1395 (check ledger - 08 to13) Attachments: GS #1395 (check ledger - 08 to13)_deposit.pdf Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 16, 2014 June Ellis [mail to: ellisconsulting9622 @gmail.com] Re: GS #1395 (check ledger - 08 to13) Gulf Stream's check ledger from 01101108 to 12131113 including check numbers, date of check, check amount, vendor name, vendor code, and check status. Dear June Ellis [mail to: ellisconsulting9622 @gmail.com], The Town of Gulf Stream received your public records request on September 12, 2014. 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 may incur expenses for the production of documents. You are responsible for the costs of duplication, as allowed by Chapter 119, Florida Statutes, and you may also incur a special service charge for the labor needed to respond to this request. To produce the documents that you have requested, the Town of Gulf Stream estimates the need for 2 hours of administrative support at $39.23 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). If the costs of producing these documents will exceed your deposit, the Town will provide you with an initial production of responsive records and an estimate for the production of any additional responsive records. If the costs of production are less than the deposit, the Town will provide you with the responsive records and a refund. If you would like to narrow the scope of your request, for example, by identifying a particular document type or date range, the Town may be able to provide these records at a lower cost. (2 hours @ 39.23 = 78.46) - (.25 hour @ 39.23= 9.81) = Deposit Due: $68.65 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 Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 12:15 PM To: Iafargetech @gmail.com Subject: GS #1386 (GSCA) Attachments: GS #1386 (GSCA).pdf Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 16, 2014 Harry LaFarge [mail to: lafargetech @gmail.com] Re: GS #1386 (GSCA) Any communication between the Town and the Gulf Stream Civic Association about any items to be discussed at the public meetings at Town hall on Sept. 12, 2014. Dear Harry LaFarge [mail to: lafargetech @gmail.com], This letter is in response to the public records you have requested in your email received September 9, 2014. This correspondence is reproduced at the following link: http://Www2.gulf- stream.org/WebLink8/0/doc/20720/Pagel.asi)x. Be advised that no such records exist. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 11:07 AM To: johnbreuerarchitect @gmail.com Subject: GS #1370 (hewlett photo) Attachments: GS #1370 ( hewlett photo).pdf Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 16, 2014 John Breuer [mail to: johnbreuerarchitect @ gmail.com] Re: GS #1370 (hewlett photo) Any photos of the property known as PCN 10434603040000190. Dear John Breuer [mail to: johnbreuerarchitect @gmail.com], The Town of Gulf Stream received your public records request on September 6, 2014. 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 may incur expenses for the production of documents. You are responsible for the costs of duplication, as allowed by Chapter 119, Florida Statutes, and you may also incur a special service charge for the labor needed to respond to this request. To produce the documents that you have requested, the Town of Gulf Stream estimates the need for 20 minutes of administrative support at $39.23 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). If the costs of producing these documents will exceed your deposit, the Town will provide you with an initial production of responsive records and an estimate for the production of any additional responsive records. If the costs of production are less than the deposit, the Town will provide you with the responsive records and a refund. If you would like to narrow the scope of your request, for example, by identifying a particular document type or date range, the Town may be able to provide these records at a lower cost. (20 minutes @ 39.23 = 13.08) - (.25 hour @ 39.23= 9.81) = Deposit Due: $3.27 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 Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 1:56 PM To: johnbreuerarchitect @gmail.com Subject: GS #1404 (thrasher work cell, personal cell and home phone number) Attachments: GS #1404 (thrasher work cell, personal cell and home phone number).pdf Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 16, 2014 John Breuer [mail to: johnbreuerarchitect @gmail.com] Re: GS #1404 (thrasher work cell, personal cell and home phone number) The home phone number, the personal cell number and the work cell number of William thrasher. Dear John Breuer [mail to: johnbreuerarchitect @ gmail.com], This letter provides you with the full production of public records you have requested in your email dated September 13, 2014 that can be viewed at the following link: http://www2.eulf- stream .org /WebLink8 /0 /doc /20945/Pa eg l.ast)x. Be advised that the responsive records are available at the same link. Please note that he does not have a personal cell phone and his home phone number is exempt pursuant to Fla. Stat. 119.071(4)(d)2E We consider this matter closed. Sincerely, Town Clerk Custodian of the Records Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 12:58 PM To: thrasher. is.a.liar @gmail.com Subject: GS #1372 (morgan texts) Attachments: GS #1372 (morgan texts).pdf Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 16, 2014 Thrasher lies [mail to: thrasher.is.a.liar@gmail.com] Re: GS #1372 (morgan texts) All text messages that are public records that were sent or received on any phone used by Mayor Scott Morgan. Dear Thrasher lies [mail to: thrasher.is.a.liarAwnail.coml, This letter provides you with the full production of public records you have requested in your email dated September 7, 2014 that can be viewed at the following link: http://www2.gulf- stream. ore/ WebLink8 /0 /doc /20617/Pagel.asox. Be advised that the responsive records are available at the same link. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 4:44 PM To: chrisoharegulfstream @gmail.com Subject: GS #1393 (thrasher retire) Attachments: GS #1393 (thrasher retire).pdf Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail September 16, 2014 Chris O'Hare [mail to: chrisoharegulfstream @gmail.com] Re: GS #1393 (thrasher retire) Any record which indicates the time when Mr. Thrasher is eligible to, or intends to retire. Dear Chris O'Hare [mail to: chrisoharegulfstream @gmail.com], This letter is in response to the public records you have requested in your email received September 12, 2014. This correspondence is reproduced at the following link: http://www2.¢ulf- stream.orpJ WebLink8 /0 /doc /20956/Paeel .asnx. Be advised that no such records exist. We consider this matter closed. Sincerely, Town Clerk Custodian of the Records Kelly Avery From: Mary Ellen Sanchez <MSanchez @cityofpsl.com> Sent: Tuesday, September 16, 2014 4:02 PM To: Bill Thrasher Subject: FW: Ordinance requested 13 -04 Attachments: Ord 13- 04.pdf Good afternoon Per our conversation this is the latest ordinance on your request. Thankyou, ddfawl a&, Saiw&z ✓ C"d Specra &'4t 3 �jC�ice 121 SW YovSd.L'u"✓`.1W ✓aad Sd.L'wk,.t&yh& 3495V (772jS71 5161 (772)3V4 -Ve9V ax From: Sally Walsh Sent: Tuesday, September 16, 2014 3:59 PM To: Mary Ellen Sanchez Subject: Ordinance requested 13 -04 SallrJ, Walsh, CMC Assistav&t 0L& Clerk CLtrJ, o fPart St. Lucie 121 S. W. Port .St. Lucie Blvd Port St Lucie, FL3V8.4 %7�2i�j 1 X3.54 (;�2)3 -¢4 -4094 FaX COUNCILITEM 10A ORDINANCE 13 -04 OAU 1/22/13 AN EMERGENCY ORDINANCE OF THE CITY OF PORT ST. LUCIE CODIFYING REASONABLE ACCOMMODATION PROCEDURES PURSUANT TO THE FAIR HOUSING AMENDMENTS ACT AND TITLE II OF THE AMERICANS WITH DISABILITIES ACT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, "reasonable accommodation" is a statutorily established method by which an individual who is disabled and /or handicapped (as those terms are defined in Title II of the Americans with Disabilities Act and /or the Fair Housing Amendments Act, hereafter "disabled "), or a provider of services to the disabled qualifying for reasonable accommodations under the referenced statutes, can request a modification or alteration in the application of a specific Code provision, rule, policy, or practice, to them. WHEREAS, the proposed accommodation sought by the disabled individual must be reasonable and necessary to afford such person an equal opportunity to use and enjoy housing; and WHEREAS, the City does not have reasonable accommodation procedures which have been codified within the City's Code of Ordinances, but the City of Port St. Lucie has received two requests for a reasonable accommodation; and WHEREAS, the City of Port St. Lucie intends to consider the two pending reasonable accommodation requests under the guidelines contained herein and the adoption of this Ordinance shall apply retroactively to the two pending requests for a reasonable accommodation; and WHEREAS, the City hereby desires to adopt within the City's Code of Ordinances, reasonable accommodation procedures that will permit disabled individuals (or qualifying entities) to request reasonable accommodations and, where appropriate based on the facts and law, to receive reasonable accommodations; and WHEREAS, the City intends these reasonable accommodation procedures to be applicable to the City's ordinances, rules, policies, practices and services so as to afford a disabled person the opportunity to use and enjoy a dwelling, including, without limitation, the regulations pertaining the definition of "family" contained in Section 158.006, City of Port St. Lucie Code of Ordinances. Page 1 of 7 ORDINANCE 13 -04 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ST. LUCIE, FLORIDA: Section 1. Pursuant to Port St. Lucie City Code of Ordinances, Chapter 158, (zoning), Article XI, is hereby created as follows: SECTION 158.233. Reasonable Accommodation Procedures. (1) This section implements the policy of the City of Port St. Lucie for processing of requests for reasonable accommodation to its ordinances, rules, policies, and procedures for persons with disabilities as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ( "FHA ") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131, et seq.) ( "ADA "). For purposes of this section, a "disabled" individual or person is an individual that qualifies as disabled and /or handicapped under the FHA and /or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the City's land use or zoning laws, rules, policies, practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section. (2) A request by an Applicant for reasonable accommodation under this section shall be made in writing by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the Planning and Zoning Department ( "P &Z "). The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request. The reasonable accommodation request form shall be substantially in the form set forth in Section 10, below. (3) Should the information provided by the disabled individual to the City include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual, such individual may, at the time of submitting such medical information, request that the City, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The City shall thereafter endeavor to provide written notice to the disabled individual, and /or their representative, of any request received by the City for disclosure of the medical information or documentation, which the disabled individual Page 2 of 7 101 V 1111 1UTHES MBEI ! has previously requested be treated as confidential by the City. The City will cooperate with the disabled individual, to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the City shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the disabled individual. (4) The City Manager, or his /her designee, shall have the authority to consider and act on requests for reasonable accommodation, after notice and a hearing to receive any additional information from the applicant. When a reasonable accommodation request form has been completed and submitted to the P &Z Director, it will be referred to the City Manager, or designee, for review and consideration. The City Manager, or designee, shall issue a written determination within forty -five (45) days of the date of receipt of a completed application and may, in accordance with federal law, (1) grant the accommodation request, (2) grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request, or (3) deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the requesting party (i.e., the disabled individual or his /her representative) by certified mail, return receipt requested. If reasonably necessary to reach a determination on the request for reasonable accommodation, the City Manager, or designee, may, prior to the end of said forty -five (45) day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting parry shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the forty-five (45) day period to issue a written determination shall no longer be applicable, and the City Manager, or designee, shall issue a written determination with thirty (30) days after receipt of the additional information. If the requesting party fails to provide the requested additional information with said fifteen (15) day period, the City Manager, Page 3 of 7 ORDINANCE 13 -04 or designee, shall issue a written notice advising that the requesting party had failed to timely submit the additional information and therefore the request for reasonable accommodation shall be deemed abandoned and /or withdrawn and no further action by the City with regard to said reasonable accommodation request shall be required. (5) In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish that they are protected under the FHA and/or ADA by demonstrating that they are handicapped or disabled, as defined in the FHA and /or ADA. Although the definition of disability is subject to judicial interpretation, for purposes of this ordinance the disabled individual must show: (i) a physical or mental impairment which substantially limits one or more major life activities; (ii) a record of having such impairment; or (iii) that they are regarded as having such impairment. Next, the requesting party will have to demonstrate that the proposed accommodations being sought are reasonable and necessary to afford handicapped /disabled persons equal opportunity to use and enjoy housing. The foregoing (as interpreted by the Courts) shall be the basis for a decision upon a reasonable accommodation request made by the City Manager, or designee, or by the City Council in the event of an appeal. (6) Within thirty (30) days after the City Manager's, or designee's, determination on a reasonable accommodation request is mailed to the requesting party, such applicant may appeal the decision. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the City Council who shall, after public notice and a public hearing, render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed. (7) There shall be no fee imposed by the City in connection with a request for reasonable accommodation under this section or an appeal of a determination on such request to the City Council, and the City shall have no obligation to pay a requesting party's (or an appealing party's, as applicable) attorneys' fees or costs in connection with the request, or an appeal. Page 4 of 7 ORDINANCE 13 -04 (8) While an application for reasonable accommodation, or appeal of a determination of same, is pending before the City, the City will not enforce the subject zoning ordinance, rules, policies, and procedures against the Applicant. (9) The following general provisions shall be applicable: (a) The City shall display a notice on the City's webpage (and shall maintain copies available for review in P &Z, the Building /Permitting Division, and the City Clerk's Office), advising the public disabled individuals (and qualifying entities) may request reasonable accommodation as provided herein. (b) A disabled individual may apply for a reasonable accommodation on his /her own behalf or may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual. (c) The City shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's request for reasonable accommodation, including without limitation, assistance with reading application questions, responding to questions, completing the form, filing an appeal, and appearing at a hearing, etc., to ensure the process is accesible. (10) Reasonable Accommodation Request Form: 1. Name of Applicant: Telephone Number: 2. Address: 3. Address of housing or other location at which accommodation is requested: 4. Describe qualifying disability or handicap: Page 5 of 7 ORDINANCE 13 -04 5. Describe the accommodation and the specific regulation(s) and /or procedure(s) from which accommodation is sought: 6. Reasons the reasonable accommodation may be necessary for the individual with disabilities to use and enjoy the housing or other service: 7. Name, address and telephone number of representative, if applicable: 8. Other information: 9. Signature of disabled individual or representative, if applicable, or qualifying entity: Date: Page 6 of 7 ORDINANCE 13 -04 Section 2. If any section, subsection, clause or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 3. All ordinances and resolutions or parts of ordinances and resolutions and all sections and parts of sections in conflict herewith shall be and hereby are repealed. Section 4. Codification of this ordinance in the City Code of Ordinances is hereby authorized and directed. Section 5. This Ordinance shall become effective immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Port St. Lucie, Florida, this 22nd day of January, 2013. CITY COUNCIL CITY OF PORT ST. LUCIE ATTEST: , to n M. Faiella, Mayor K A. Phillips, City Jerk APPROVED AS TO FORM: H. Menise�sbrdnencee- W13sreasmab,e accarMW.111 V.ce es- =RQ- 01.1413 aac Page 7of7 5 J C_ ' r 1 . MEMORANDUM TO: GREGORY J. ORAVEC. CITY MANAGER/ THRU: ROGER G. ORR, CITY ATTORNEY/ 'C� FROM: PAM E. BOOKER, SENIOR ASSISTANT CITY ATTOR E DATE: JANUARY 16, 2013 SUBJECT: EMERGENCY ORDINANCE FOR REASONABLE ACCOMMODATION Attached please find an Emergency Ordinance adopting Reasonable Accommodation procedures for the City of Port St. Lucie, to consider requests for reasonable accommodations under Title U of the Americans with Disabilities Act and the Fair Housing Act. The procedures are in response to reasonable accommodation requests the City has received from Road to Recovery and Ambrosia Treatment Center for their facilities to operate in the City of Port St. Lucie. The Federal law requires local governments to have a formal procedure in place for individuals with disabilities. The City of Port St. Lucie does not have a formal procedure in place, therefore, this Ordinance is being brought forth as an emergency ordinance so that the City may be compliant with Federal law. As set forth in the Ordinance, the two requests for reasonable accommodation, which are pending will be considered under this Ordinance upon adoption. Section ten of the Ordinance requires the applicant to provide certain information to the City for consideration of the reasonable accommodation request. The City will evaluate and process the requests consistent with the Ordinance. The Ordinance has been reviewed and approved by the legal department as to form and sufficiency. Should you have any questions please do not hesitate to contact me at 772 - 873 -6525. PEB/liw Attach. .�. tl,MIW 'T.TC,�EMERGENC� ORCHYKEnxmp.�sumcC.unw we ORDINANCE 13 -04 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ST. LUCIE, FLORIDA: Section 1. Pursuant to Port St. Lucie City Code of Ordinances, Chapter 158, (Zoning), Article XI, is hereby created as follows: SECTION 158.233. Reasonable Accommodation Procedures. (1) This section implements the policy of the City of Port St. Lucie for processing of requests for reasonable accommodation to its ordinances, rules, policies, and procedures for persons with disabilities as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ( "FHA ") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131, et seq.) ( "ADA "). For purposes of this section, a "disabled" individual or person is an individual that qualifies as disabled and /or handicapped under the FHA and /or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the City's land use or zoning laws, rules, policies, practices and /or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section. (2) A request by an Applicant for reasonable accommodation under this section shall be made in writing by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the Planning and Zoning Department ( "P &Z "). The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request. The reasonable accommodation request form shall be substantially in the form set forth in Section 10, below. (3) Should the information provided by the disabled individual to the City include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual, such individual may, at the time of submitting such medical information, request that the City, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The City shall thereafter endeavor to provide written notice to the disabled individual, and /or their representative, of any request received by the City for disclosure of the medical information or documentation, which the disabled individual Page 2 of 7 Kelly Avery From: Maria Alonso <MAlonso @pbcgov.org> Sent: Tuesday, September 16, 2014 3:54 PM To: Bill Thrasher Subject: RE: Call Out - South Barrier Island Gulf Stream mm You are quite welcome. We are always available whenever you need our assistance. Respectfully, Maria From: Bill Thrasher [mailto:bthrasher @gulf - stream.org] Sent: Tuesday, September 16, 2014 1:55 PM To: Maria Alonso Subject: RE: Call Out - South Barrier Island Gulf Stream Maria, Thanks and that is all for this cycle. Greatly appreciate your help. 79 From: Maria Alonso [mailto:MAlonso @pbcgov.org] Sent: Monday, September 15, 2014 12:50 PM To: Bill Thrasher Subject: RE: Call Out - South Barrier Island Gulf Stream '! We'll send out another Electric Conversion notification at 6:30 pm today. This will be the last one unless you would like any additional... Just let us know. Thanks, Maria D. Alonso Lead Communicator Palm Beach County, Division of Emergency Management 20 S. Military Trail West Palm Beach, Florida 33415 Phone: (561)712 -6441 Email: malonsoColpbcgov.ora From: Bill Thrasher [bthrasher @gulf - stream.org] Sent: Wednesday, September 03, 2014 4:10 PM To: dbaptiat(alpbcaov.org Cc: Maria Alonso; Rita Taylor; Kelly Avery Subject: Call Out - South Barrier Island Gulf Stream Good afternoon, Attached is the desired communication to be distributed this week as soon as possible at 6:30 P.M. Also we request that this message be sent out Monday, 9/8 and 9/15 at 6:30 P.M. (Call Out Elect Conversion) Also attached, "Call Out Area South" is the area to be targeted with the call out message. This are is bordered as follows: Golfview Drive on the north, Pelican Lane on the south, the Atlantic Ocean on the east and the ICWW on the west. All known addresses, email addresses, cell phone and land lines within this defined area. Also attached, is the entire town zoning map which is for information only. My cell phone number is 561 -573 -8703. Please let me know you have received this email? Thank you, William H. Thrasher Town Manager, ICMA -CM 100 Sea Rd. Gulf Stream, FL 33483 561- 276 -5116 561- 737 -0188 fax www.gulf- stream.org Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 1:55 PM To: Maria Alonso Subject: RE: Call Out - South Barrier Island Gulf Stream Maria, Thanks and that is all for this cycle. Greatly appreciate your help. Rill From: Maria Alonso [mailto:MAlonso @pbcgov.org] Sent: Monday, September 15, 2014 12:50 PM To: Bill Thrasher Subject: RE: Call Out - South Barrier Island Gulf Stream Hi Bill, We'll send out another Electric Conversion notification at 6:30 pm today. This will be the last one unless you would like any additional... Just let us know. Thanks, Maria D. Alonso Lead Communicator Palm Beach County, Division of Emergency Management 20 S. Military Trail West Palm Beach, Florida 33415 Phone: (561)712 -6441 Email: malonsoCnlpbcoov.oro From: Bill Thrasher [bhrasher @gulf - stream.org] Sent: Wednesday, September 03, 2014 4:10 PM To: dbaptiat(d )obcaov.orq Cc: Maria Alonso; Rita Taylor; Kelly Avery Subject: Call Out - South Barrier Island Gulf Stream Good afternoon, Attached is the desired communication to be distributed this week as soon as possible at 6:30 P.M. Also we request that this message be sent out Monday, 9/8 and 9/15 at 6:30 P.M. (Call Out Elect Conversion) Also attached, "Call Out Area South" is the area to be targeted with the call out message. This are is bordered as follows: Golfview Drive on the north, Pelican Lane on the south, the Atlantic Ocean on the east and the ICWW on the west. All known addresses, email addresses, cell phone and land lines within this defined area. Also attached, is the entire town zoning map which is for information only. My cell phone number is 561 -573 -8703. Please let me know you have received this email? Thank you, William H. Thrasher Town Manager, ICMA -CM 100 Sea Rd. Gulf Stream, FL 33483 561- 276 -5116 561- 737 -0188 fax www.gulf- stream.org Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 2:56 PM To: hmcphail @flcities.com Subject: Urban Admin - 10/10/14 Holly, Will there be notices, hotel arrangements etc., provided to members of the Urban Administration Committee in regards to the upcoming 10/10 meeting. I provided my contact information at this month's meeting and hopefully I will be added as a member of the Urban Administration Committee. Please advise. Thank you, M William H. Thrasher Town Manager, ICMA -CM 100 Sea Rd. Gulf Stream, FL 33483 561- 276 -5116 561- 737 -0188 fax www.gulf- stream.org Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 1:51 PM To: Claudia Robbins Subject: RE: October Audit Committee Meeting Claudia, I am available 10/24 at 1:00 only. Thanks, Mill From: Claudia Robbins [ mailto: claudia .robbins @palmbeachschools.orgj Sent: Monday, September 15, 2014 1:45 PM To: Claudia Robbins Cc: Lung Chiu Subject: October Audit Committee Meeting Good afternoon, The October 6, Audit Committee Meeting will be reschedaded since the date is so close to the September 25 meeting. The two dates that are available in the Board Roonn are Thursday, October 23 - 9:00 -10:30 or Friday, October 24 -1:00 -2:30. Please let me Imow what you would prefer for our planning. Thankyou and have a wonderful afternoon. Claudia The two dates that are available are Thursday, Claudia Robbins, CAP -OM Executive Secretary Inspector General Office 561 - 434 -7335 or PX47335 Disclaimer: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Kelly Avery From: Bill Thrasher Sent: Tuesday, September 16, 2014 1:42 PM To: Irma Cohen; ccoleman @flcities.com Subject: Complaint Attachments: 2014CA011052. pdf Irma, Our Mayor has received the following complaint. Is this covered? Sorry and thanks, Bill William H. Thrasher Town Manager, ICMA -CM 100 Sea Rd. Gulf Stream, FL 33483 561- 276 -5116 561- 737 -0188 fax www.gulf- stream.org Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e -mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Filing# 18163711 Electronically Filed 09/12/201411:30:58 AM J'1 �Ilr/ 70 `n IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'BOYLE Case No: 2014CA011052 Plaintiff, THE STATE OF FLORIDA To each Sheriff of the State: YOU ARE COMMANDED to serve this summons and a copy of the complaint in this law suit on defendant: Scott Morgan, mayor of the Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Each defendant is required to serve written defenses to the complaint or petition on Daniel DeSouza, Plaintiffs attorney, whose address is 1515 N. University Drive, Suite 209, Coral Springs, Florida 33071, within twenty (20) days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against the defendant for the relief demanded in the complaint or petition. DATED on SEP 12 2014 By: &� /-Gf7�Q/t� Clerk of the Court Robin Pender DESOUZA LAW, P.A. Attorney for the Plaintiff 1515 N. University Drive, Suite 209 Coral Springs, Florida 33071 Telephone: (954) 551 -5320 DDesouza @.desouzal aw. corn SHARON R. BOCK Clerk & Comptroller P.O. Box 4667 West Palm Beach, Florida 33402-4667 V. W ROBERT A.SWEETAPPLE U and MAYOR SCOTT �-j MORGAN, U O M Ed Defendants. o SUMMONS THE STATE OF FLORIDA To each Sheriff of the State: YOU ARE COMMANDED to serve this summons and a copy of the complaint in this law suit on defendant: Scott Morgan, mayor of the Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Each defendant is required to serve written defenses to the complaint or petition on Daniel DeSouza, Plaintiffs attorney, whose address is 1515 N. University Drive, Suite 209, Coral Springs, Florida 33071, within twenty (20) days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against the defendant for the relief demanded in the complaint or petition. DATED on SEP 12 2014 By: &� /-Gf7�Q/t� Clerk of the Court Robin Pender DESOUZA LAW, P.A. Attorney for the Plaintiff 1515 N. University Drive, Suite 209 Coral Springs, Florida 33071 Telephone: (954) 551 -5320 DDesouza @.desouzal aw. corn SHARON R. BOCK Clerk & Comptroller P.O. Box 4667 West Palm Beach, Florida 33402-4667 Filing # 18042111 Electronically Filed 09/09201408:04:34 PM IN THE CIRCUIT COURT OF THE 15TH IUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'BOYLE, Case No. o?,6 114 L fi 6 1 OCa Plaintiff, V. ROBERT A.SWEETAPPLE and MAYOR SCOTT MORGAN, Defendants. VERIFIED COMPLAINT Plaintiff Martin E. O'Boyle ( "Plaintiff") sues Defendants Robert A. Sweetapple ( "Sweetaoole'� and Scott Morgan ( "Morgan'), mayor of the Town of Gulf Stream (the "Town "), and alleges as follows: PARTIES. JURISDICTION, AND VENUE This Court has subject matter jurisdiction over this case in that it is an action at law where the amount in controversy exceeds the sum of $15,000.00, exclusive of interest and costs, and attorneys' fees 2. Plaintiff is an individual who resides in Palm Beach County. 3. Sweetapple is an individual who, upon information and belief, resides in Palm Beach County. 4. Morgan is an individual who, upon information and belief, resides in Palm Beach County. At all times relevant to the claims asserted herein, Morgan served in the capacity as mayor of the Town. This lawsuit is brought against Morgan in his individual capacity and in DESOUZA LAW, P.A. 1515 N. UNIVERSITY DR., SUITE209 • CORAL SPRINGS, FL 33071 TELEPHONE (954) 603 -1340 his official capacity as mayor of the Town. 5. Venue is proper in this judicial district, inter alia, because Defendants reside in this judicial district and the causes of action brought by Plaintiff accrued in this judicial circuit. BACKGROUND 6. The Town is a relatively small municipality with approximately 1,000 residents located within its approximately 500 acres of land. 7. Plaintiff is a resident of the Town, owning and occupying the home located at 23 N. Hidden Harbour Drive, Gulf Stream, Florida 33483. 8. Plaintiff is an avid supporter of Florida's Public Records Law and, in an exercise of his Constitutional and statutory rights, has over the years submitted numerous public records requests to the Town and various other municipalities/agencies. 9. Occasionally, these public records requests are not complied with and Plaintiff has exercised his right under Fla. Stat. § 119 to bring a lawsuit to enforce his rights under the Public Records Law. 10. Plaintiff has filed approximately 29 lawsuits against the Town for alleged violations of the Public Records Law. As of the date of this lawsuit, Plaintiff is currently engaged in 12 lawsuits against the Town relating to alleged violations of the Public Records Law. 11. In addition to public records requests and lawsuits, Plaintiff has also sued the Town for alleged violations of Plaintiffs civil rights and Constitutional protections. 12. In total, Plaintiff has filed approximately 30 lawsuits against the Town since January 1, 2013. 13. Plaintiff has not filed any of these lawsuits to harass the Town or for any 2 DESOUZA LAW, P.A. 1515 N. UNIVERSITY DR., SUITE 209 • CORAL SPRINGS, FL 33071 TELEPHONE (954) 603 -1340 improper purpose — rather, each of the lawsuits filed by Plaintiff against the Town was filed to enforce a specific Constitutional or statutory right which Plaintiff contends was violated by the Town and/or its officials. 14. Plaintiff views these lawsuits as meritorious and necessary to enforce State and federal laws, and, with respect to at least some of the public records lawsuits filed by Plaintiff, Morgan has stated on the record that he agrees. 15. Notwithstanding this limited agreement, the Town (through the actions of Morgan and Sweetapple) has endeavored to ratchet up its defense of all lawsuits filed by Plaintiff through threats, intimidation, and harassment (as opposed to defending on the merits). 16. In a June 2, 2014 letter from Morgan to all Town residents, Morgan noted that the Town's general fund reserves had fallen below an acceptable number and blamed this occurrence on the lawsuits filed by Plaintiff and another Town resident. 17. With respect to the public records requests filed by Plaintiff and the other Town resident, Morgan stated that, in his opinion, they "have little purpose other than to harass and financially damage our town." 18. Morgan's letter then goes on to state that the money to defend these lawsuits would likely have to come from increased taxes to the residents of the Town — a premonition that the Town made good on in July 2014 when Town commissioners voted unanimously to approve a tax hike for Town residents. 19. In a final show of bravado regarding the lawsuits filed by Plaintiff and the other Town resident, the June 2, 2014 letter states: In response to this continuing problem, the Commission is stepping up its defense of the O'Boyle and O'Hare litigation. Special counsel has been hired to assist our other attorneys in this regard. The Commission believes strongly that a firm stance is necessary 3 DESOUZA LAW, P.A. 1515 N. UNIVERSITY DR., SURE 209 • CORAL SPRINGS, FL 33071 TELEPHONE (954) 603.1340 to limit the detrimental effects that these lawsuits are having on staff morale and Town reserves. 20. That statement was at least partially true. Indeed, the Town hired Sweetapple, an attorney with Sweetapple, Broeker & Varkas, P.L., to serve as special counsel with respect to, inter alia, the lawsuits filed by Plaintiff. 21. Although "stepping up its defense" can mean several things, it quickly became apparent to Plaintiff that the Town's newfound strategy in dealing with him did not involve litigating the merits of his lawsuits in a court of law. 22. Rather, Morgan and Sweetapple (and likely other Town officials unknown to Plaintiff at this time) devised a plan to smear Plaintiffs name among his friends and colleagues and to assert undue pressure on Plaintiff by lashing out against his family. 23. By acting together, the mayor (Morgan) and the attorney (Sweetapple) decided that they could accomplish what neither one of them could accomplish on their own — systematic and pervasive pressure on Plaintiff designed to silence and/or extinguish Plaintiffs exercise of statutory/Constitutional rights. 24. Morgan and Sweetapple devised their plan to defame, harass, intimidate, and antagonize Plaintiff during a private meeting on April 3, 2014 and continued their scheming during further meetings on at least the following dates: 4/17/14, 5/4/14, 615/14 and 6/10/14. 25. During this meeting and in subsequent conversations between the two, Morgan and Sweetapple decided on a course of action of (1) falsely and maliciously publishing to others that Plaintiff is violating the federal and Florida RICO (Racketeer Influenced and Corrupt Organization) Acts by his filing and pursuit of public records cases; (2) falsely and maliciously publishing to others that Plaintiffs pursuit of public records cases against the Town is a 'scheme' devised by Plaintiff to 'line his pockets' with profit; and (3) putting pressure on 4 DESOUZA LAW, P.A. 1515 N. UNIVERSITY DR., SUITE 309 • CORAL SPRINGS, FL 33071 TELEPHONE (954) 603 -1340 Plaintiffs son in an effort to gain an undue advantage over Plaintiff in Plaintiffs lawsuits against the Town. 26. Although the plan was hatched by Morgan and Sweetapple, it is Sweetapple who is carrying forth the clandestine plan which does not relate to Plaintiffs litigation against the Town but rather to Plaintiff and his family's personal lives. 27. On several occasions over the last four months, Sweetapple has spoken to friends, colleagues, business associates, and attorneys for Plaintiff and conveyed the same message to each — Plaintiff is a criminal, he has violated the federal and Florida RICO Acts, and that he is engaging in a for - profit scheme by having the audacity to file public records requests and the willpower to enforce them through lawsuits. 28. Sweetapple has for months boasted to each of these individuals that Plaintiff was 'finished' and that Sweetapple would soon file suit against Plaintiff for the various alleged RICO violations. Sweetapple further suggested in these conversations that Plaintiffs friends /attorneys should sever their ties with Plaintiff so as not to be caught in the impending litigation (implicitly threatening them in the process). 29. With respect to one such individual, Sweetapple's threats were more explicit and bordering on extortion (if not in fact extortion) — Sweetapple demanded that this individual drop his lawsuits against the Town or else he would also be named as a defendant in the supposedly forthcoming RICO lawsuit against Plaintiff. 30. These communications and allegations (which were completely false), together with Morgan's June 2, 2014 letter, were calculated to damage Plaintiffs reputation in the Town and among his friends /advisors. They were further designed to have a chilling effect on Plaintiffs protected activities. 5 DESOUZA LAW, PA 1515 N. UNIVERSITY DR., SUITE 209 • CORAL SPRINGS, FL 33071 TELEPHONE (954) 603.1340 31. As stated above, Morgan and Sweetapple's plan did not stop with the spreading false and malicious lies about Plaintiffs purported involvement in criminal activities and violation of the RICO Acts, but also included plans to exert pressure on Plaintiffs son wholly unrelated to the merits of any of Plaintiffs lawsuits against the Town. 32. On or about April 24, 2014, Sweetapple himself publicly proclaimed that, as a result of Plaintiffs multiple lawsuits against the Town, Sweetapple was going to investigate and go after Plaintiffs son. 33. Sweetapple has made these statements directly to various members of the Town's population as well as friends, advisors, and business associates of Plaintiff. The statements were not made to voice some legitimate concern but rather to force Plaintiff into dropping his lawsuits against the Town and refrain from exercising his Constitutional and statutory rights. 34. By attacking Plaintiffs reputation in the community and threatening Plaintiffs son, Morgan and Sweetapple 'stepped up their defense' of Plaintiffs lawsuits by doing everything in their power — under color of law — to avoid actually litigating the merits of the lawsuits. Rather, they set off on a course of intimidation, harassmcnt, and retaliation with a singular purpose of silencing Plaintiff at any cost. 35. All conditions precedent to this action have been performed or have been waived COUNTI— SLANDERPERSE (Sweetapple) 36. Plaintiff re-alleges and incorporates paragraphs 1 through 35 as set forth above. 37. As described herein, Sweetapple has, on numerous occasions over the past four months, stated to Plaintiffs friends, colleagues, business associates, and attorneys (among other individuals and agency representatives) that Plaintiff is a 'criminal' and is violating the federal and Florida RICO Acts through his filing of public records requests and pursuit of lawsuits to 6 DESOUZA LAW, P.A. 1515 N. UNIVERSITY DR., SUITE 209 • CORAL SPRINGS, FL 33071 TELEPHONE (954) 603.1340 enforce alleged violations of the Public Records Law. 38. Further, Sweetapple has further stated to numerous individuals that Plaintiffs pursuit of public records lawsuits is a 'money- making scheme' designed by Plaintiff to line his pockets with profit. 39. These statements falsely and maliciously charge Plaintiff with the commission of a crime, and were likewise made with reckless disregard for their truth. 40. The above- described false and malicious statements were made with the purpose of causing harm to Plaintiffs reputation, both in the Town and among his friends, colleagues, business associates, and attorneys. 41. As a result of Sweetapple's false and malicious statements, Plaintiff has sustained substantial damages resulting from the loss of reputation, the full amount of which will be established at trial. COUNT II— SLANDER (Sweetapple) 42. Plaintiff re-alleges and incorporates paragraphs I through 35 as set forth above, 43. As described herein, Sweetapple has, on numerous occasions over the past four months, slated to Plaintiffs friends, colleagues, business associates, and attorneys (among other individuals and agency representatives) that Plaintiff is a 'criminal' and is violating the federal and Florida RICO Acts through his filing of public records requests and pursuit of lawsuits to enforce alleged violations of the Public Records Law. 44. Further, Sweetapple has further stated to numerous individuals that Plaintiff's pursuit of public records lawsuits is a 'money- making scheme' designed by Plaintiff to line his pockets with profit. 45. These statements falsely and maliciously charge Plaintiff with the commission of 7 DESOUZA LAW, P.A. 1515 N. UNIVERSITY DR., SUITE 209 • CORAL SPRINGS, FL 33071 TELEPHONE (954) 603.1340 a crime, and were likewise made with reckless disregard for their truth. 46. The above - described false and malicious statements were made with the purpose of causing harm to Plaintiff's reputation, both in the Town and among his friends, colleagues, business associates, and attorneys. 47. As a result of Sweetapple's false and malicious statements, Plaintiff has sustained substantial damages (including, but not limited to, the loss of personal and business relationships) resulting from the intended loss of reputation, the full amount of which will be established at trial. COUNT III — RETALIATION (42 U.S.C. 4 1983) (Morgan and Sweetapple) 48. Plaintiff re- alleges and incorporates paragraphs 1 through 35 as set forth above. 49. Plaintiffs filing of public records requests and lawsuits against the Town to enforce the Public Records Law constitute Constitutionally - protected acts. 50. Plaintiff further engages in Constitutionally - protected acts/speech with respect to the Town by virtue of his February/March 2014 campaign for political office and the numerous signs banners Plaintiff has erected around and/or flown above the Town which are critical of the Town's elected officials. 51. As state actors, Morgan and Sweetapple's retaliatory conduct of threatening to attack Plaintiffs son and spreading malicious lies about Plaintiff is designed to interfere with and ultimately quash Plaintiffs clearly established Constitutional rights (including, but not limited to, Plaintiffs First Amendment right of free speech). 52. Morgan and Sweetapple's threats, harassment, and intimidation would cause a reasonable person to cease from exercising his Constitutional rights to petition the courts for relief and exercising his First Amendment rights, and indeed they are succeeding in doing just 8 DESOUZA LAW, PA 1515 N. UNIVERSITY DR., SUITE 209 • CORAL SPRINGS, FL 33071 TELEPHONE (954) 603 -1340 that with respect to Plaintiff. 53. As a result of this retaliatory conduct, Plaintiff has sustained substantial damages, the full amount of which will be established at trial. COUNT IV — CIVIL CONSPIRACY (Morgan and Sweetapple) 54. Plaintiff re-alleges and incorporates paragraphs 1 through 35 as set forth above. 55. Morgan and Sweetapple conspired together to exert undue pressure on Plaintiff to cause him to dismiss his lawsuits against the Town and refrain from activities /speech that the Town apparently disagrees with. 56. By virtue of their unique relationship — a town mayor and an experienced private practitioner well -known in Palm Beach, Morgan and Sweetapple possess a peculiar power of coercion that neither would have operating on his own. 57. As a result of the civil conspiracy between Morgan and Sweetapple, Plaintiff has suffered substantial damages, the full amount of which will be proved at trial. COUNT V — CONSPIRACY TO COMMIT SLANDER (Morgan and Sweetapple) 58. Plaintiff re-alleges and incorporates paragraphs I through 35 as set forth above. 59. As described herein, Morgan and Sweetapple met privately on 4/3/14 and at various times thereafter to discuss their joint plan to slander Plaintiff by spreading false and malicious lies about Plaintiff to his friends, colleagues, business associates, and attorneys (and various others unknown to Plaintiff at this time). 60. Morgan and Sweetapple conspired to spread information that Plaintiff is a `criminal,' is violating the federal and Florida RICO Acts, and is engaging in a for -profit scheme by virtue of his public records requests /lawsuits. 9 DESOUZA LAW, PA 1515 N. UNIVERSITY DR., SUITE 209 • CORALSPRINGS, FL 33071 TELEPHONE (954) 603 -1340 61. In so conspiring, Morgan and Sweetapple demonstrated a reckless disregard for the truth of the above- described statements, and cared only that the statements assist them in their ulterior motive of silencing Plaintiff once and for all. 62. As a result of the civil conspiracy between Morgan and Sweetapple, Plaintiff has suffered substantial damages, the full amount of which will be proved at trial. COUNT VI — CONSPIRACY TO COMMIT RETALIATION (Morgan and Sweetapple) 63. Plaintiff re-alleges and incorporates paragraphs I through 35 as set forth above. 64. As described herein, Morgan and Sweetapple met privately on 4/3/14 and at various times thereafter to discuss their joint plan to slander Plaintiff by spreading false and malicious lies about Plaintiff to his friends, colleagues, business associates, and attorneys (and various others unknown to Plaintiff at this time). 65. During these same meetings, Morgan and Sweetapple devised a plan to threaten to attack Plaintiffs son in an effort to dissuade Plaintiff from continuing his lawsuits against the Town. 66. Morgan and Sweetapple's conspiracy is designed to force Plaintiff into dismissing his lawsuits against the Town, cease from exercising his Constitutionally - protected right to make public records requests, and cease from engaging in Constitutionally - protected speech. 67. As a result of the civil conspiracy between Morgan and Sweetapple, Plaintiff has suffered substantial damages, the full amount of which will be proved at trial. Demand For Jury Trial Plaintiff demands a trial by jury on all issued so triable. WHEREFORE, Plaintiff demands judgment against Morgan and Sweetapple for. (i) Direct, incidental, and consequential damages, interest, and costs, in an 10 DESOU7A LAW, P.A. 1515 N. UNIVERSITY OIL, SUITE 209 -CORAL SPRINGS, FL 33071 TELEPHONE (954) 603 -1340 amount to be determined at trial; (ii) Attorneys' fees and costs incurred in pursuit of this action; (iii) Punitive damages wherever applicable; and (iv) Issuance of such other relief as the Court deems just and proper. Dated: September 9, 2014. DESOUZA LAW, P.A. 1515 N. University Drive Suite 209 Coral Springs, FL 33071 Telephone: (954) 551 -5320 DDesouza a.dcsouzalaw.com By: /s/ Daniel DeSouza. Esq. Daniel DeSouza, Esq. Florida Bar No.: 19291 11 DESOUZA LAW, P.A. 1515 N. UNIVERSITY DR., SUITE 209 • CORAL SPRINGS, FL 33071 TELEPHONE (954) 603.1340 VERIFICATION The undersigned hereby verifies that the factual allegations contained herein are true, correct and accurate. By (/` L MARTIN E. O'BOYLE STATE OF FLORIDA COUNTY OF BROWARD MARTIN E. O'BOYLE personally appeared before me this / day of September, 2014, and having taken an oath, stated that he has read the foregoing and that the contents thereof are true and correct. He is personally known to me or has produced 4845 - 165649606, v. 1 as identification. ,STA' 1AARYBETH KANALY Moldy Pvbk - Stxl4 of Fluids MY Comm. Expires Apt 1, 2018 CammlxtIN i FF 104182 12 DESOUZA LAW, P.A. 1515 N. UNIVERSITY DR., SUITE 209 • CORAL SPRINGS, FL 33071 TELEPHONE (954) 603.1340 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 7, 2015 Chris O'Hare [mail to: chrisoharegulfstream @gmail.com], Re: GS #1431 (thrasher emails 9- 16 -14) All emails created or received by bill thrasher on September 16, 2014. Dear Chris O'Hare [mail to: chrisohareeulfstrear n(cDgmail.coml, The Town of Gulf Stream received your public records requests on September 17, 2014. You should be able to view your original requests at the following link htto://www2.gulf- stream.ore/weblink/0 /doc /21034 /Pagel.aspx. In future correspondence, please refer to this public records request by the above referenced numbers. The responsive documents can be found at the same above link. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records