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HomeMy Public PortalAboutPRR 14-1547RECORDS REQUEST (the "Request ") Date of Request: 1012/2014 Requestor's Request ID#: 920 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: STOPDIRTYGOVERNMENT, LLC REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce - group.com Fax: 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Please provide a copy of any writings that were generated in connection with the telephone conversation with Jamie Cole an 8126/2014, as reflected on the Jones, Foster billing on August 31, 2014 (Invoice #174284). ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT, CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE COMMON LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY RIGHT TO KNOW (INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OF ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF THE REQUESTOR PROVIDED IN THE FLORIDA CONSTITUTION. IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED IN ELECTRONIC FORM. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requestor by the Agency. I:P/NPR/FRR 09.12.14 FORM TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 15, 2014 Stopdirtygovernment, LLC. [mail to: records @commerce - group.com] Re: GS #1534 (907), #1547 (920) Please provide all deposit letters as are written in the Jones, Foster bills dated August 31, 2014. As an example, one of those bills is on a line item dated 81112014 on Invoice #174284; and another 2 are dated 81712014 on that same invoice. The phrase "Deposit Letters" is used 17 times on the 72 pages of bills that make up the August 31, 2014 billing and we would like information as to each time it is used. Please provide a copy of any writings that were generated in connection with the telephone conversation with Jamie Cole on 812612014, as reflected on the Jones, Foster billing on August 31, 2014 (invoice #174284). Dear Stopdirtygovernment, LLC. [mail to: records(oDcommerce- group.coml, The Town of Gulf Stream received your public records request on October 2, 2014. If your request was received in writing, then the request can be found at the following links: hqp: / /www2.gulf- stream. ore(WebLink8 /0 /doc /22822/Pagel.asox and b=: / /www2.gulf- stream.orgtWebLink8 /0 /doc /22835/Pagel.asnx. If your request was verbal, then the description of your public records request is set forth in the italics above. In future correspondence, please refer to this public records request by the above referenced 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 L.w I E GROUP mobovle(&co mmerce- erouD.com Direct Dial Telephone #954 -570 -3505 October 21, 2014 VIA E -MAIL: bthrasher(cduulf- stream.ore TELEPHONE #561- 276 -5116 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: William H. Thrasher, Town Manager Re: Records Request #920 Requestor: STPOPDIRTYGOVERNMENT, LLC Dear Mr. Thrasher: Reference is made to the captioned Request which was submitted to the Town of Gulf Stream on October 2, 2014. A copy of the Request is attached for convenience. It is the Requestor's belief that the Town of Gulf Stream is purposely delaying the fulfilling of the Request. It is implausible that the fulfilling of this Request is taking this long. I write you this letter to alert you that if the captioned Request is not fulfilled by the close of business on Friday, October 24, 2014 (the "Deadline "), that the Requestor will, with great reticence, institute suit. Of course, if you cannot accommodate the Deadline and you alert us at least 24 hours before the Deadline, articulating a bona fide reason for not being able to accommodate the Deadline, the Requestor will consider extending the Deadline to a reasonable date considering the circumstances, which circumstances would have to be reasonable in themselves. Sincerely yours, COMMERCE GROUP, INC.. Martin E. O'Boyle President Enclosure P/NPR/FRR www.commerce-group.com TEL. 954.360.7713 . FAx 954360.0907 1280 WisT NEWPORT CENTER DwE, DEERFIELD BEACH, FLORIDA 33442 RECORDS REQUEST (the "Request") Date of Request: 101212014 Requestor's Request ID#: 920 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTER: STOPDIRTYGOVERNMENT, LLC REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce - group.com Fax: 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Please provide a copy of any writings that were generated in connection with the telephone conversation with Jamie Cole on 8/2612014, as reflected on the Jones, Foster billing on August 31, 2014 (Invoice #174284). ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT, CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE COMMON LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY RIGHT TO KNOW (INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OF ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF THE REQUESTER PROVIDED IN THE FLORIDA CONSTITUTION. IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED IN ELECTRONIC FORM. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requestor by the Agency. I:P/NPR/FRR 09.12.14 FORM Kelly Avery From: Randolph, John C. <JRandolph @jonesfoster.com> Sent: Tuesday, September 16, 2014 2:58 PM To: Rita Taylor Subject: Agenda Item for October 10, 2014 Attachments: CVs Rita, At the next meeting of the Town Commission, please agenda an item "Consideration of Hiring Special Counsel ". In that regard, please see attached the resume of Matthew H. Mandel along with additional correspondence. I would recommend that the Town Commission authorize retaining Mr. Mandel to assist the Town in the event it becomes necessary in regard to matters within the expertise of Mr. Mandel. Thank you. JOHN C. RANDOLPH JONESFOSTER touus�ouasi unss.nw John C. Randolph Attorney Direct Dial: 561.650.0458 1 Pas: 561.650.5300 1 iandolph ajonesfoster.com Jones, Poster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 www.ionesfoster.com Incoming emads are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. Kelly Avery From: Matthew H. Mandel <MMandel @wsh- law.com> Sent: Tuesday, September 09, 2014 11:34 PM To: Randolph, John C. Subject: CVs Attachments: pdf _attorney_MatthewH._Mandel.pdf; pdf_attorney_JamieA._Cole.pdf; pdf_attorney_SusanL. _Trevarthen.pdf Hi Skip, Thank you for your message today. Here is my c.v. I have personally handled more than 20 Fair Housing zoning - related matters for cities including, Boca Raton, Delray Beach, Port St. Lucie, Deerfield Beach, Pompano Beach and Pinecrest. Other attorneys in my office that have knowledge and experience in this area include my partners, Jamie Cole and Susan Trevarthen. I have included their c.v.'s as well. If you have any questions, as always, please feel free to call or email me. Thank you again. Matthew H. Mandel Chair, Litigation Division zoo East Broward Blvd., Suite igoo I Fort Lauderdale, FL 33301 F: (954) 763 -4242 F: (954) 764 -7770 wsh- law.com I vCard EA EA THINK BEFORE YOU PRINT This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (954) 763 -0242 or by return e-mail and delete the message, along with any attachments. Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used for the purpose of (I) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. WEISS SEROTA HELFMAN PASTORIZA COLE &BONISKE Partner mmandel @wsh- law.com 200 E. Broward Blvd. Suite 1900 Fort Lauderdale, Florida 33301 P: (954) 7634242 F: Practice Areas • Administrative and Regulatory Law • Appellate Law • Business Dispute Litigation • Community Association, Club and Resort Law • Constitutional Law • Construction Law • Employment Litigation and Arbitration • Governmental Litigation • Litigation • Local Counsel Representation • Real Estate, Land Use and Zoning Litigation • Special Counsel to Local Government Bar Admissions • Florida, 1998 • U.S. Court of Appeals, 11th Circuit, 2002 • U.S. Court of Appeals, 9th Circuit, 2011 • U.S. District Court, Southern District of Florida, 1999 • U.S. District Court, Middle District of Florida, 2010 Education • University of Miami Matthew H. Mandel Matt is Chair of our Litigation Division. He has extensive litigation and trial experience at both the State and Federal levels for both municipal and private clients. Matt's municipal litigation experience has Involved the successful representation of numerous Florida cities In: First Amendment challenges to municipal sign codes and adult use regulations; discrimination claims under the Fair Housing Amendments Act and Americans with Disabilities Act; Federal and State claims for false arrest, excessive force and malicious prosecution; actions relating to the deprivation of procedural and substantive due process rights; lawsuits under the Florida Whisteblower Act and the Florida Civil Rights Act; construction disputes relating to municipal structures; municipal annexation disputes; the prosecution and defense of municipal finance Issues; and the defense of personal injury claims. Matt's private sector experience has involved the successful representation of: a woddwide computer software company In several matters relating to contractual disputes; land owners in a constitutional challenge to an Illegal county funding mechanism; numerous financial institutions In large commercial foreclosure matters; various businesses and individuals in commercial and contractual disagreements; and purchasers In the cancellation of condominium contracts. Matt also has extensive appellate experience at both the State and Federal levels and has several published decisions to his credit relating to Issues such as: municipal zoning police liability, First Amendment, and Whistleblower claims. Matt lectures often on various Issues including First Amendment challenges to municipal sign codes and land use challenges under the Fair Housing Act and Americans with Disabilities Act. Professional Associations • Broward County Bar Association • Federal Bar Association Reported Cases • Achievement & Rehabilitation Centers, Inc. v. City of Lauderhill, 2012 WL 6061762 (S.D. Fla. Dec. 6, 2012) • Thor Guard, Inc. v. City of Boca Raton, 2012 WL 5933016 (Fla 4th DCA Nov. 28, 2012) • Milanese v. City of Boca Raton, 84 So. 3d 339 (Fla. 4th DCA 2012) • Beizer v. City of Boca Raton, 73 So. 3d 777 (Fla. 4th DCA 2011) • Polanco v. City of Marco Island, 2011 WL 2848655 (M.D. Fla. Jul. 19, 2011) • Polanca v. City of Marco Island, 2011 WL 2911002 (M.D. Fla. Jul. 19, 2011) • Apothecary Development Corp. v. City of Marco Island, Fla., 2011 WL 1071448 (M.D. Fla. Mar. 18, 2011) • Duvall v. Property and Cas. Ins. Co. of Hartford, 56 So. 3d 14 (Fla. 4th DCA 2011) • WTVJ -NBC 6 v. Shehadeh, 56 So. 3d 104 (Fla. 3rd DCA 2011) • Femander v. Bonis, 947 So. 2d 584 (Fla. 4th DCA 2007) • MedlaNet of South Florida, Inc. v. City of Miramar, 144 Fed. Appx. 856 (11 thClr. 2005) • Woods v. Paradis, 380 F. Supp. 2d 1316 (S.D. Fla. 2005) • Seay Outdoor Advertising v. City of Mary Esther, 397 F. 3d 943 (11th Cir. 2005) • Guess v. City of Miramar, 889 So. 2d 840 (Fla. 4th DCA 2004) • Florida OutdoorAdver., LLC. V. City of Boca Raton, 266 F. Supp. 2d 1376 (S.D. Fla. 2003) • GLA and Associates, Inc. v. City of Boca Raton, 855 So. 2d 278 (Fla. 4th DCA 2003) Awards and Recognitions • "Top Lawyer," South Florida Legal Guide, 2012 - present • "Florida Rising Stars," Florida SuperLawyers, 2009- present • "Top Up and Comer," South Florida Legal Guide, 2008.2010 WEISS SEROTA HELFMAN NsTORIZA COLE &BONISKE BA, general honors, 1994 Professional /Civic Activities • , ma c magna cum laude, 1998 University Miami JD • Broward County League of Cities - Leadership Development Committee, Chair JD, ma (2010- 2014); Committee Member (2006 -2014) • Federal Bar Association - Broward Chapter, President (2013- 2014); President -elect (2012 - 2013); Vice President (2011- 2012); Secretary (2009- 2011); Board Member (2006 -2014) Press Mentions • "After Hours," Daily Business Review, 217/14 • "2014 Too Lawyers,- South Florida Legal Guide, 1/1/14 • "On the Move." The Florida Bar News, 1111/13 • " Peope,"Daily Business Review, 9126113 • "Matthew Mandel Named President of the Broward Federal Bar Association," Ci1yB1zL1st South Florrida, 9117/13 • "Judge Throws Out Case Filed by Former Homestead Official," Daily Business Review, 11120/12 • "After Hours: Federal Bar Association," Daily Business Review, 3/23/12 • "2012 Top Lawyers," South Florida Legal Guide, 211/12 • " Broward League of Cities Member Spotlight: Weiss Serota Hellman Paslodza Cole & Bonlske," Broward League of Cities, 1211/11 • "Court Revives Lawsuit In Death After Jail Release," Dally Business Review, 7/21/1 • "WTVJ -NBC v. Shehadeh," Leagle, 3/9/11 • "Twelve Weiss Serola Hellman Pastoriza Cole & Boniske, P.L. Lawyers Named to Prestigious Super Lawyers Guide," dBusinessNews, 7/2/09 • "People on the Move," Sun - Sentinel, 6/13107 WEISS SEROTA HELFMAN PASTORIZA COLE &.BONISKE Member jcole @wsh- law.com 200 E. Broward Blvd. Suite 1900 Fort Lauderdale, Florida 33301 P:(954)763 -0242 F: Practice Areas • Administrative and Regulatory Law • Appellate Law • Business Dispute Litigation • Constitutional Law • Election Law • Ethics Law • Governmental Litigation • Land Use and Zoning (Public) • Litigation • Local Counsel Representation • Not - for -Profit and Quasl- Governmental Entities • Real Estate, Land Use and Zoning Litigation • Solid Waste Management • Special Counsel to Local Government • Special Districts • Sports and Entertainment Law Bar Admissions • Florida, 1988 • U.S. District Court Southern District of Florida, 1989 • U.S. Court of Appeals, 11•' Circuit, 1992 Education • University of Pennsylvania Law Jamie A. Cole Jamie serves as our Managing Director. He represents both private and public clients In all areas of the law with an emphasis on complex litigation and governmental matters. Jamie is also an accomplished appellate attorney, appearing before the Second, Third and Fourth District Courts of Appeals. A native South Floridian, Jamie was the valedictorian of his Ivy League law school class. Jamie currently serves as the City Attorney for the cities of Weston and Miramar and serves as special litigation counsel for numerous municipalities in Palm Beach and Broward Counties. He has presided over more than 1000 City Commission meetings and has spoken at numerous local government law seminars (on subjects addressing the full gamut of local government law, Including ethics, property tax, government finance and charter review). Jamie served as lead litigation counsel for several coalitions of local governments challenging State and county laws and actions. He also served as lead litigation counsel in lawsuits invalidating SB 360 (relating to growth management) because It violated the Florida constitution, and removing a proposed constitutional amendment from the 2007 statewide ballot (which would have eliminated Save Our Homes lax protection). Published Works • "The New Offer of Judgment Rule in Florida: What Does One Do Now ?" The Florida Bar Journal, January, 1990 • "A New Category of Free Exercise Claims: Protection for Individuals Objecting to Governmental Actions that Impede Their Religions," 135 U. Pa. L. Rev. 1557, 1987 Professional Associations • The Broward County Bar Association Reported Cases • Florida Department of Agriculture and Consumer Services v. Mendez, 2012 WL 4795722 (Fla. 4th DCA Oct. 10, 2012) • City of Boca Raton v. Simi, 96 So. 3d 1140 (Fla. 4th DCA 2012) • Spadaro v. City of Miramar, 2012 WL 3614202 (S.D. Fla. Aug. 21, 2012) • Florida Dept. of Agriculture and Consumer Services v. Mendez, 98 So. 3d 604 (Fla. 4th DCA 2012) • Spadaro ex rel. Carevella v. City of Miramar, 2012 WL 3042988 (S.D. Fla. Jul. 25, 2012) • Spadaro v. City of Miramar, 2012 WL 3027813 (S.D. Fla. Jul. 24, 2012) • Caren Foundation of Florida, Inc. v. City of Delray Beach, 2012 WL 2249263 (S.D. Fla. May 4, 2012) • Butler v. City of Hallandale Beach, fib So. 3d 278 (Fla. 4th DCA 2011) • Atwater v. City of Weston, 64 So. 3d 701 (Fla. 1st DCA 2011) • Florida Dept. of Agriculture and Consumer Services v. Cox, 2011 WL 222170, 36 Fla. L. Weekly D194, Fla. App. 4 Dist., January 26, 2011 (NO. 4D09-979) • Department of Agriculture & Consumer Services v. Bogorff, 35 So. 3d 84, 2010 WL 1880468, 35 Fla. L. Weekly D1062, Fla.App. 4 Dist., May 12, 2010 (NO. 4D08 -4474) • Florida Dept. of Agriculture and Consumer Services v. Citrus Canker Litigation, 20 So. 3d 864, 2009 WL 1675852, 34 Fla. L. Weekly D1247, Fla.App. 3 Dist., June 17, 2009 (NO. 3D08 -3278) • City of Lake Worth v. Save Our Neighborhood, Inc., 995 So. 2d 1002, 2008 WL 4643800, 33 Fla. L. Weekly D2476, Fla.App. 4 Dist., October 22, 2008 (NO. 4007 -5027) • Milanese v. City of Boca Raton, Fla., 2008 WL 3889580, S.D.Fla., August 20, 2008 (NO. 08- 80398 -CIV) • Alford v. City of Hallandale Beach, 983 So. 2d 1159, 2008 WL 2513859, Unpublished Disposition, Fla.App. 4 Dist, June 25, 2008 (NO. 411307-4350) • Jeffrey O. V. City of Boca Raton, 511 F.Supp.2d 1339, 2007 WL 628131, 34 NDLR P 100, S.D.Fla., February 26, 2007 (NO.03.80178CIV) • City of Hollywood v. Diamond Parking, Inc., 950 So. 2d 472, 2007 WL 518442, 32 Fla. L. Weekly D511, Fla.App. 4 Dist., February 21, 2007 (NO. 4D05 -4728) WEISS SEROTA HELFMAN PASTORIZA COLE &BONISKE School • Jeffrey 0. v. City of Boca Raton, 511 F.Supp.2d 1328, 2007 WL 143017, S.D.Fla., JD, summa cum laude, 1988 January 17, 2007 (NO.03- 80178 -CIV) Wharton School, University of • Femander v. Bonts, 947 So. 2d 584, 2007 WL 5742, 32 Fla. L. Weekly D154, Pennsylvania Fla.App. 4 Dist., January 03, 2007 (NO. Q06407) BSE, Economics, summa cum laude • Pharmcore, Inc, v. City of Hallandale Beach, 946 So. 2d 550, 2006 WL 3018114, 31 , 1985 Fla. L. Weekly D2671, Fla.App. 4 Dist., October 25, 2006 (NO. 4D05 -3735) • Medianst of South Florida, Inc. v. City of Miramar, 144 FedAppx. 856, 2005 WL 2402749, C.A.11 (Fla.), September 29, 2005 (NO. 04- 14140) • Guess v. City of Miramar, 889 So.2d 840, 2004 WL 2600496, 22 IER Cases 216, 29 Fla. L. Weekly D2612, Fla.App. 4 Dist., November 17, 2004 (NO. 41303-2925) • GLA and Associates, Inc, v. City of Boca Raton, 855 So.2d 278, 2003 WL 22298745, 28 Fla. L. Weekly D2318, Fla.App. 4 Dist., October 08, 2003 (NO. 41302 -1051) • Sun Cruz Casinos, L.L.C. v. City of Hollywood, Fla., 844 So.2d 681, 2003 WL 1916856, 28 Fla. L. Weekly D1011, Fla.App. 4 Dist., April 23, 2003 (NO. 4D02 -224) • Florida Outdoor Advertising, LLC. v. City of Boca Raton, Florida, 266 F.Supp.2d 1376, 2003 WL 21212567, S.D.Fla., January 14, 2003 (NO. 01- 8504 - CIV- BANDSTRA, 018504CVMIDDLEBROOKS) • City of Boca Raton v. Boca Raton Airport Authority, 768 So. 2d 1191, 2000 WL 1344730, 25 Fla. L. Weekly D2274, Fla.App. 4 Dist., September 20, 2000 (NO. 4DOO -2149) • Leonardl v. City of Hollywood, 715 So. 2d 1007, 1998 WL 390373, 14 IER Cases 606,14 IER Cases 1470, 23 Fla. L. Weekly D1653, Fla.App. 4 Dist., July 15, 1998 (NO. 97 -2060) • Mikes v. City of Hollywood, 687 So. 2d 1381, 1997 WL 78205, 22 Fla. L. Weekly D528, Fla.App. 4 Dist., February 26, 1997 (NO. 96- 0477, 96 -0293) • PDA Realty, Inc. v. City of Hollywood, 663 So.2d 11, 1995 WL 700195, 20 Fla. L. Weekly D2601, Fla.App. 4 Dist., November 29, 1995 (NO. 94 -2628) • Lewis v. S & TAnchorage, Inc., 616 So. 2d 478, 1993 WL 45220, 18 Fla. L. Weekly D563, Fla.App. 3 Dist., February 23, 1993 (NO. 92-224) • S & TAnchorage, Inc. v. Lewis, 575 So. 2d 696, 1991 WL 11745, 16 Fla. L. Weekly 388, Fla.App. 3 Dist., February O5, 1991 (NO. 90 -1951, 90 -1756) • U.S.P. Products, Inc. v. Brown, 557 So. 2d 111, 1990 WL 8682, Fla.App. 3 Dist., February 06, 1990 (NO. 89.1974) Awards and Recognitions • "Finalist - Leaders in Law," Lifestyle Media Group, 2014 • "Top Rated Lawyer, Commercial Litigation," South Florida Top Rated Lawyers, 2012 • "Most Effective Lawyer: Public Interest, Finalist," Dally Business Review, 2010 • "Top Deal Makers of the Year- Real Estate - Mixed Use, Finalist," Daily Business Review, 2010 • "Flodda Super Lawyer," Florida SuperLawyers, 2007- present • "Top Lawyer," South Florida Legal Guide, 2005 - present • "Legal Impact Leader," South Florida Business Leader, 2008 • "Key Partners Award: Litigation, Winner," South Florida Business Journal, 2008 • "Florida Legal Elite," Florida Trend, 2004 -2008, 2013 • "Most Effective Lawyer. Public Interest, Winner," Daily Business Review, 2007 • "Best of the Bar," South Florida Business Journal, 2004 • "Up and Comer," South Florida Legal Guide, 2004 Professional /Civic Activities • Chairman of the Board, Cooperative Feeding Program (2007) • Dlreclor,Cooperative Feeding Program (2002 -2010) • City Aftomey,City of Hollywood (1994 -1998) • General Counsel,Clty of Hollywood Community Redevelopment Agency (1994 -1999) • Commissioner,Hollywood Housing Authority (1992 -1994) • Evidence Rules Committee of The Florida Bar (1990 -1994) • Dlrector,Hollywood Chamber of Commerce (1999 -2002) • Associate and Special Projects Editor, University of Pennsylvania Law Review (1986 -88) WEISS SEROTA HELFMAN NsTORim COLE &.BONIsn Press Mentions • "After Hours," Daily Business Review, 217/14 • "Fourth DCA Reiects Challenge to Boca Raton Prolect," Dally Business Review, 1/30/14 • "New Job Titles Reflect Economic Challenges Changing Career Expectations for Lawyers," ABA Journal, 1/112014 • "2014 Too Lawyers," South Florida Legal Guide, 1/1/14 • '-power Lunch; Lobster Bar Sea Grille A Quiet Place To Get Good Food," Dally Business Review, 10/25/13 • "Least Elite," Florida Trend, 7/1/13 • "Book of Law 2013: Managing Partners " South Florida Business Journal, 5/31/13 • "Best Places to Work 2013," South Florida Business Journal, 2/22113 • "News and Notes," The Florida Bar News, 1/15113 • "City's Legal Mind Teams Uo to Win Brain - Twisting Herald Hunt," Newsday Tuesday .12/18/12 • "Davie Team Wins the Brain - Twisting Herald Hunt," Miami Herald, 1211/12 • "Weiss Serota's Jamie Cole Elected Chair of State Managing Partners Group," Daily Business Review, 10/22/12 • "Managing Partners Survey 2012: Law Firms See'Big Thaw After the Great Freeze," Daily Business Review, 10/22/12 • "YOLO Finds Success Where Others Have Failed." Daily Business Review, 8/31/12 • "Lauderhill Seeks to Resolve 2005 Annexation Dispute " Sun - Sentinel, 8130/12 • "Forgive Miami HEAT Fans If They're Dragging at Work" Sun - Sentinel, 6/18/12 • "Cities Spot'Sponsorship' Loophole In Broward Ethics," Sun - Sentinel, 3121/12 • "Best Places to Work 2012: Weiss Serota Hellman Pastoriza Cole & Bonlske," South Florida Business Journal, 2124/12 • "Full Court Reverses Panel on Police Duty of Care," Daily Business Review, 2124/12 • "Top Entrepreneurs 2012: South Florida, "Business Leader, 2116112 • "50 Too Entrepreneurs in South Florida," Business Leader Radio, 2113112 • "Have a Heart Benefit," Lifestyle Magazines, 2/10/12 • "2012 Top Laywers," South Florida Legal Guide, 2/1/12 • "Broward League of Cities Member Spotlight: Weiss Serota Hellman Pastoriza Cole & Boniske," Broward League of Cities, 12/1/11 • "Business Journal Events," South Florida Business Journal, 11/4/11 • "Photo Gallery: Ultimate Broward CEO Awards Celebration," South Florida Business Journal, 10/31111 • "Best in Business: Jamie A. Cole, "South Florida Business Journal, 9/16/11 • "Weston Teen Receives $1,000 Prize," Newsday Tuesday, 8116111 • "Weston Student Wins $1K In Why My City Is Special' Essay Contest," • "Leading Lawyers," South Florida Business Journal, 5120/11 • "Lawyers Looking for Lateral Moves in Demand," South Florida Business Journal, 5120/11 • "Law Office Holds Essay Contest for Local High School Students," South Dade News Leader, 4115111 • "2008 Key Partners Awards," South Florida Business Journal, 10/16/10 • "News & Notes." The Florida Bar News, 1011/10 • "Diversity In the Workplace Entails More Than Just Hiring Practices, "South Florida Business Journal, 2/22/10 • "Growth Management Lawsuit Will Go Forward," South Florida Business Journal, 12/14/09 • "Accountants and Attorneys Help Clients Get Federal Stimulus Funds," South Florida Business Journal, 8/24/09 WEISS SEROTA HELFMAN PASTORIZA COLE &.BONISKE WEISS SEROTA HELFMAN PASTORIZA COLE &.BONISKE Member strevarthen@wsh-law.com 200 E. Broward Blvd. Suite 1900 Fort Lauderdale, Florida 33301 P:(954)763 -4242 F: Practice Areas • Administrative and Regulatory Law • Appellate Law • Code Enforcement • Community Redevelopment Agencies (CRA) • Constitutional Law • Education Law • Eminent Domain, Property Acquisition and Private Property Rights • Land Use and Zoning (Public) • Not-for-Profit and Quasi - Govemmental Entities • Real Estate, Land Use and Zoning Litigation • Special Counsel to Local Government • Special Districts Bar Admissions • Florida, 1991 • U.S. District Court, Southern District of Florida, 1993 • U.S. Court of Appeals, 11th Circuit, 1997 • U.S. Court of Appeals, 9th Circuit, 2011 • U.S. Supreme Court, 2003 Education • University of North Carolina School of Law JD, 1991 • University of North Carolina MRP, 1991 • Duke University AS Public Policy Studies, cum laude, 1966 Susan L. Trevarthen Susan handles land use, planning and zoning matters for governments and is a municipal attorney. Her work Includes negotiating development agreements and approvals, drafting municipal codes and plans, advising municipal staffs, managers and attorneys, defending challenges to municipal regulations and decisions, handling public hearings and counseling elected officials, as well as advocating for municipalities on legislative Issues In her field. She serves as Town Attorney. She also serves as the Chair of our Public Land Use and Zoning Group, which handles all of the land use matters for the Cities of Cooper City, Weston, Miramar, Aventura, North Bay Village, and Homestead; the Towns of Cutler Bay and Lauderdale -By- The -Sea; and the Villages of Bal Harbour, Key Biscayne and Islamorada. The Group also provides outside counsel services on planning, zoning and land use matters to additional South Florida cities on an as needed basis. In recent years, these cities have Included Boca Raton, Delray Beach, Deerfield Beach, Pompano Beach, Sunrise, Hallandale Beach, Hollywood, Coconut Creek, Dania Beach, Cape Coral, Coral Gables and Miami Springs. Susan's practice Includes extensive constitutional law In her geld, including regulatory taking cases and land use and zoning decisions raising First Amendment Issues, Including sign codes, adult use regulations, and regulation of religious uses, Harris Act claims, comprehensive plan challenges and petitions for certiorari. Susan also has extensive experience with school planning and facilities Issues and mandatory school concurrency, and she has represented local governments and school boards across the state on these Issues. Susan has held leadership positions in The Florida Bar's Section for Environmental and Land Use Law and Section for City, County and Local Government Law. She has been recognized as one of the lop land use attorneys In the state in publications such as Florida Trend Magazine and Superiawyers, and she has an AV rating (highest attainable) from Martindale Hubbell. A member of the American Institute of Certified Planners and Board Certified in City, County and Local Government Law by The Florida Bar, Susan speaks and publishes frequently on planning, zoning and land use Issues. Susan grew up In Boca Raton, Florida. Significant Matters Regulation of First Amendment - protected land uses • Updated and revised regulations of signs for City of Sunrise after it was challenged, and resulting regulations were upheld by the Eleventh Circuit. • Updated and revised regulation of signs for City of Miramar and, successfully defended the sign regulations in the Southern District of Florida. • Working with the Litigation Group, and successfully defended the City of Boca Raton's sign regulations in the Southern District of Florida. • Updated and revised regulations of signs for City of Weston and Pasco County, without challenge. • Part of consultant team revising City of Coconut Creek sign code. • Revising sign code In Town of Lauderdale -By- The -Sea. • Updated and revised regulations of sexually oriented businesses in City of Dania Beach, changed the zoning districts in which they are located, established an amortization requirement for nonconforming locations, and assisted the City and Its Insurer In successfully enforcing the amortization requirement against three existing, nonconforming locations. • Updated and revised regulations of sexually oriented businesses in the City of Hallandale Beach, and worked with litigation practice group to defended two challenges related to the prior regulations. • Updated and revised regulations of sexually oriented businesses for Villages of Wellington and Islamorada, and the Cities of Miramar, Sunrise, and Boca Raton, without challenge. • Updated and revised regulations of places of public assembly, and working with the litigation practice group and the Town's Insurer to defend Town of Surfslde from challenge to the application of those regulations. • Updated and revised regulations of places of public assembly in Cities of Cooper WEISS SEROTA HELFMAN NsTORIZA COLE &.BONIsn City, Sundse, Miramar, Dania Beach, and Weston, without challenge. • Drafted and advised on the Implementation of targeted moratoria for various purposes in the Cities of Homestead, Hollywood and Hallandale Beach, without challenge. Zoning Districts and Supplemental Regulations • Developed Planned Unit Development regulations for the Cities of Homestead and Sunrise. • Developed commercial design guidelines and special zoning districts for neighborhood plans in the City of Homestead. • Developed specialty business zoning districts and regulations for hotels in the Cities of Dania Beach, Sundae and Miramar. • Advised on Joint Land Use Study, developed updated aircraft compatibility regulations and developed vested rights process for City of Homestead In relation to Air Reserve Base. • Advised on changes to and Implementation of regulations of agricultural uses In the City of Parkland, represented the City staff in related code enforcement matters, and worked with City's Insurer to defend a challenge to the application of Its regulations to an agricultural use. • Developed quasi- Judicial hearing procedures for our municipalities. • Worked with Village staff to develop and defend regulations of vacation rental properties and formula retail development In the Village of Islamorada, and draft vacation rental regulations for Town of Lauderdale -By- The -Sea. • Drafted noise regulations for City of Sunrise and Town of Lauderdale -By- The -Sea. • Advised City staff on the development of the first land development codes following Incorporation in Villages of Islamorada and Key Biscayne, Cities of Aventura and Weston, and Towns of Cutler Bay and Miami Lakes. • Part of consulting team that rewrote the City of Dania Beach Land Development Code. • Review and advise on the Implementation and updating of Impact fee ordinances in all of the Firm's municipalities, Including an affordable housing linkage fee in the City of Coconut Creek and Village of Islamorada, a transit Impact fee for the City of Aventura, and police, public works and parks fees for the City of Homestead. Comprehensive Plans • Advised the City of Sunrise, and participate in the comprehensive plan amendment process for Tao residential high -rise development, Metropica Transit - Oriented Development, and Westerra Local Activity Center. • Advised the City of Coconut Creek on the Regional Activity Center for the MalnSlreet development. • Advised City staff on the development of the first comprehensive plans or plan amendments following Incorporation In the Villages of Islamorada and Key Biscayne, the Cities of Aventura, Marathon and Weston, and the Towns of Cutler Bay and Miami Lakes. • Advised all municipal clients on Evaluation and Appraisal Reports and related plan amendments, and other plan amendments necessary to Implement new State mandates Including school concurency, water supply planning, and greenhouse gas reduction. • Advised the City of Sundae In the development and implementation of the Western Sunrise Area plan and land development regulations from 1995 to present. • Advised the City of Homestead on the adoption of neighborhood plans for redeveloping areas of the City. • Advised the Department of Community Affairs as part of the consulting team preparing technical assistance documents for the Implementation of school concurency, Including a model concurency management system and model proportionate share agreement for school facilities (see htto: / /www.dca. state. fl.us /fdco /dco /School Planninarindex cfml. • Advised the pilot communities in Sarasota County and Walton County on the Implementation of school concurrency, Including drafting and review of all pilot deliverables, Including the public school facilities element and the school interlocal agreement (see htto• / /www dco state fl us /fdco /dco /SchoolPlanning /pilot cfm). • Drafted school Intedocal agreements, reviewed public school facilities elements, and advised on the implementation of school concurency for Cities of Sunrise, Miramar, WEISS SEROTA HELFMAN PASTORIZA COLE &BONISKE Weston, Dania Beach and Hallandale Beach and the Collier County School Board. • Represented the Miami -Dade School Concurrency Task Force in Its development of a recommended approach to school concurrency, and represented the Miami -Dade County School Board In Its negotiations with Miami -Dade County over the school Inledocal agreement, and related to Implementation of school concurrency. • Advised City of Cooper City on Issues with proposed public school boundary changes and assisted in developing alternatives. • Advised Town of Miami Lakes and the Cities of Homestead and Sunrise on Issues with review and approval of charter school facilities. • Advised the City and participated in the DRI review process for the creation or amendment of DRIB for Sawgrass Mills, the Broward County Civic Arena (the BankAtlantic Center), Amerifirst/Metropica/Tao, Sawgrass International Corporate Park, and Harrison Park/Westerra in the City of Sunrise. • Advised the City and participated In DRI review process for Implementation and amendment of the Villages of Homestead in the City of Homestead. • Also developed new zoning districts, comprehensive plan amendments, development agreements and other associated approvals for these projects. • Represented municipal staff or governing bodies for contested quasi - judicial hearing In cities Including Parkland, Weston, Hallandale Beach, Miramar, Deerfield Beach, Sundae and North Bay Village. • Advised our municipalities and defended challenges Including projects such as the proposed SuperTarget and WalMart stores in the City of Miramar, the redevelopment of the Sonesta Beach Resort In the Village of Key Biscayne, the redevelopment of the Boca Beach Club at the Boca Raton Resort and Club, and various development decisions for the Village of Islamorada. Certifications and Specialties • The Florida Bar Board Certified, City, County and Local Government Law Memberships • American Planning Association • American Institute of Certified Planners (AICP) • Clfizens for a Scenic Florida, Board of Directors Vice President • Florida Bar Section of Environmental and Land Use Law • Florida Bar Section of City, County and Local Government Law Publications • "Best Practices In First Amendment Land Use Regulations," Planning and Environmental Law, Volume 51, 2009 • "Perspectives on the 2009 Growth Management Legislation" and "Municipal Perspectives on Senate Bill 360, Version 2.0," The Florida Bar Journal, Volume 83, No. 9, October 2009 • "Senate Bill 360 Refined: The Impact of the 2007 Legislative Session on Local Government Growth Management, Part I," The Florida Bar Journal, Co- Author with Michelle Vos and Chad Friedman, Volume 81, Number 10, 2007. • "Senate Bill 360 Refined: The Impact of the 2007 Legislative Session on Local Government Growth Management, Part II," The Florida BarJoumal, Co- Author with Michelle Vos and Chad Friedman, Volume 81, Number 11, 2007. • "Senate Bill 360: Growth Management Reform Arrives and It Is All About Infrastructure; (Co- Author), The Florida Bar Journal, Volume 79, No. 9, October 2005 • "Advising the Client Regarding Protection of Property Rights: Halls Act and Inverse Condemnation Claims," The Florida Bar Journal, Volume LXXXVIII, No. 7, July /August 2004 • "Alternatives to Takings: Procedural Due Process, Equal Protection and State Law Doctrine In Taking Sides on Takings Issues: The Public and Private Perspectives," ABA, Roberts, Thomas Ed., 2001 • Special Editor, "Inverse Condemnation and Impact Fees Chapters," Florida Environmental and Land Use Law, February 2001 WEISS SEROTA HELFMAN PASTORIZA COLE &.BONISKE • "Florida Supreme Court Decides That Comprehensive Plan Amendments are Legislative, "Florida Planning, May /June, 1997 • "Defensible Exactions After Nollan v. California Coastal Commission and Dolan v. City of Tigard" (Co- Author), )W Stetson Law Review Presentations • "School Concurrence Unplugged," APA Florida Conference, September 2013 • 'The Politics of Sustainability," Sustainable Zoning and Development Controls, Planners Training Service, American Planning Association, 2011 • "Planning in the Courts, Senate BIII 360 Challenge," 90 Annual APA Florida Public Policy Workshop, 2011 • "Regulating Political Signs and Speech - Strategies for Local Governments Responding to First Amendment and Land Use Challenges," Strafford Webinar with Interactive QBA, 2010 • "Regulating First Amendment Land Uses," National Conference of the American Planning Association, New Orleans 2010 and Boston 2011 • "Unfunded Mandates and the Constitutional Challenge to Senate Bill 360," Florida On -Line Academy on Planning & Growth Topics, 2009 • "The Local Government Attorney's Guide to Successful Regulation of First Amendment Land Uses," Florida Municipal Attomeys'Assoclation, 2009 and City, County and Local Government Law Section of the Florida Bar, Orlando 2009 • "School Concurrency," 25th Annual Growth Management, Energy, Climate Change, and the Environment Short Course, Florida Chamber of Commerce, 2009 • "Issues In Implementing the Harris Act," Eminent Domain Committee, The Florida Bar, 2005 • "What Local Governments Can Do About School Overcrowding," City, County and Local Government Law Section of The Florida Bar, Orlando 2004 Classes Taught • Adjunct Professor, Environmental and Growth Management Law, Florida Atlantic University, Department of Public Administration, 1992 -1993 Professional Associations • The Florida Bar, City, County and Local Government Section Executive Council • The Florida Bar, Environmental and Land Use Law Section Executive Council • American Institute of Certified Planners (AICP) • City of Boca Raton Environmental Advisory Board, 1994 -2000 • Vice President and Board of Directors, Citizens for a Scenic Florida Mezzo - Soprano Master Chorale of South Florida /Florida Philharmonic Orchestra • The City of Boca Raton Environmental Advisory Board, 1994 - 2000 Reported Cases • Restigouche v. Town of Jupiter, 845 F. Supp. 1540 (S.D. Fla. 1993) • Schumacher v. Town of Jupiter, 643 So. 2d 8 (Fla. 4th DCA 1994) • Section 28 Partnership, Ltd. v. Martin County, 676 So. 2d 532 (Fla. 4th DCA 1996) • Woodrow Kantner, Trustee, Carolyn Weaver 8 YMCA v. Martin County, 929 F. Supp. 1482 (S.D. Fla. 1993) • Town of Jupiter v. Michele Alexander, 747 So. 2d 395 (Fla. 4th DCA 1998) • Med/aNet of South Florida, Inc. v. City of Miramar, Case No. 03ov61689 (S.D. Fla. 2002) • Florida Outdoor Advertising, LLC v. City of Boca Raton, 266 F. Supp. 2d 1376 (S.D. Fla. 2003) • Renaissance Charter School, Inc. v. Department of Community Affairs and School Board of Miami -Dade County, Case No. 1 D09 -2065 (Fla. 1 •r DCA 2010) • Seay Outdoor Advertising, Inc. v. City of Mary Esther, Florida, 397 F.3d 943 (11"' Cir. 2005) (amicus brief for Citizens for a Scenic Florida) • City Of Weston, Florida; Village Of Key Biscayne, Florida; Town Of Cutler Bay, Florida; Lee County, Florida; City Of Deerfield Beach, Florida; City Of Miami Gardens, Florida; City Of Fruitland Park, Florida, City Of Parkland, Florida, City Of WEISS SEROTA HELFMAN PASTORIZA COLE &.BONISKE Homestead, Florida; Cooper City, Florida; City Of Pompano Beach, Florida; City Of North Miami, Florida; Village Of Palmetto Bay, Florida; City Of Coral Gables, Florida; City Of Pembroke Pines, Florida; Broward County, Florida; Levy County, Florida; St. Lucie County, Florida; Islamorada, Village Of Islands, Florida; And Town Of Lauderdale -By -The -Sea, Florida, v. The Honorable Charlie Crist Governor Of The State Of Florida; The Honorable Kurt S. Browning, Secretary Of State, State Of Florida; The Honorable Jeff Atwater, President Of The Senate, State Of Florida; The Honorable Larry Cretul, Speaker Of The House, State Of Florida, Case No. 2009 CA 2639 (2'a Judicial Circuit, Fla. 2010) • Outdoor Media Group, Inc., and Chance Outdoor, LLC, v. City Of Beaumont, California, Case No. No. 10 -56081 (9� Clr. 2011) (amicus brief for Citizens for a Scenic Florida) • Atwater v. City of Weston, 64 So. 3d 701 (Fla. 1st DCA 2011) Awards and Recognitions • AV Rated • Avvo Rating "10.0" • "Florida SuperLawyer," Florida SuperLawyers, 2010- present • Legal Ellie • Bums Fellowship in Development Planning Press Mentions • "Susan Trevarthen Esc FAICP of Weiss Serota to Provide Inslaht About Planning and Ethics in Florida" City B/z List South Florida, 615114 • "Susan Trevarthen Speaks at Florida League of Cities "Advanced Institute for Elected Municipal Officials," City Biz List South Florida, 11/13113 • "Planning Officials Trailing Workshop,* APA FL Planner's Perspective, Second Quarter 2013 • "Municipalities Have Much to Address with Dlaital Billboards," Daily Business Review, 1/3113 • "House Passes Growth- Management SB360 Do -Over Bills," Florida Tribune, 3116/11 • "News and Notes," The Florida Bar News, 411111 • "News and Notes," The Florida Bar News, 7/15/11 • "The Next Generation of Florida's Growth Management," The Miami Herald, 7/25/11 • "Growth Law Challenge Leads to Recommendation to Clarify'Unfunded Mandates'," The Current, 9/16/11 • " Broward League of Cities Member Spotlight: Weiss Serota Heitman Pastoriza Cole & Boniske," Broward League of Cities, 12/1/11 • "Signs of the Times: New Frontier," Florida Trend, December 2011 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail February 19, 2015 Stopdirtygovernment, LLC [mail to: records @commerce- group.com] Re: GS #1547 (920) Please provide a copy of any writings that were generated in connection with the telephone conversation with Jamie Cole on 812612014, as reflected on the Jones, Foster billing on August 31, 1014 (invoice #174284). Dear Stopdirtygovemment, LLC [mail to: recordsOcommerce- erouo.coml, The Town of Gulf Stream has received your public records requests dated October 2, 2014. If your request was received in writing, then the requests can be found at the following link httn: / /www2.gulf- stream. ore/ WebLink8 /0 /doc /22835/Pagel.aspx. If your request was verbal, then the description of your public records request is set forth in the italics above. Please refer to the referenced number above with any future correspondence. The Town is not aware of any writings that were generated in connection with the telephone conversation with Jamie Cole on 8/26/2014, as reflected on the Jones, Foster billing on August 31, 2014 (invoice #174284). Without conceding that the document is responsive to your request and purely as a matter of courtesy, the Town is providing you with a public record from Mr. Randolph to the Town which may have arisen out of that telephone call. You will find the documents at the above same link. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records