HomeMy Public PortalAboutLTC 188-2015 Public Records RequestBAL HARBOUR
- V I L L A G E -
OFFICE OF THE VILLAGE MANAGER LETTER TO COUNCIL
NO. 188-2015
To: Mayor Martin Packer and Members of the Village Council
From: Jorge M. Gonzalez, Village Manager
Date: October 30, 2015
Subject: Public Records Request
The purpose of this Letter to Council (LTC) is to inform you of a rather extensive public records
request received from Kurkin Brandes, who have been retained by the Bal Harbour Neighbors
Alliance.
I am coordinating with to Village Clerk to identify the items available to fulfill this request.
Attached is a copy of the request.
If you have any questions or need any additional information, please feel free to contact me.
JUAN•CARLOS PLANAS, ESQ.
Direct: (305) 500.9338
Jcplanas@kbattorneys.com
October 26, 2015
Dwight Danie,
Village Clerk, Village of Bal Harbour
Bal Harbour Village Hall
655 96th Street
Bal Harbour, Florida 33154
Via email: ddanie0balharbourFl.gov
Re: Public Records Request
Dear Clerk Danie:
We have been retained by the Bal Harbour Neighbors Alliance to conduct a public
records request of certain items in your possession. Please accept this correspondence as
official notice of a request for public information pursuant to Chapter 119 of the Florida
Statutes. Accordingly, please provide the following:
The words "you," "your," "Bal Harbour" and/or "City" and/or "Village' means the
Village of Bal Harbour, the municipal corporation located in Miami -Dade County,
Florida, including but not limited to the Office of the Mayor, the Village Manager,
the members of the Village Council, any and all employees of the Village of Bal
Harbour.
2. "Manager", "Gonzalez" or "Mr. Gonzalez' means Jorge M. Gonzalez, the current
Village Manager of the Village of Bal Harbour and any assistants or employees in
the office of the Manager.
3. "Bal Harbour Shops", "The Shops at Bal Harbour", "The Shops", and "Shopping
Center' shall be mean the commercial property located at 9700 COLLINS AVE,
Bal Harbour , Florida 33154-2208 and its adjoining and/or related commercial
parcels, as well as any and all entities owned in part or as a whole by; S. F.
Whitman, & D.A. Whitman, W.F. Whitman, Randall A. Whitman, Matthew
Whitman Lazenby, Ball Harbour Shops, Inc., Bal Harbour Shops, LLLP. And Bal
Harbour Shops Tract A, LLC, and any other related company or entity.
4. "Owners", "The Whitman Family", "Developers" and "Shopping Center Owners"
shall mean the entity, entities or persons who either individually, collectively or
through corporate interests, represent, own and/or control the property
(properties) described in instruction No. 3 of this public records request. This
shall also include any legal representative of the aforementioned as well as any
individual registered to lobby on behalf of the aforementioned.
(00219362.1)18851 NE29TMAYENUE, SUITE 303 • AYENTURA,FL 33180• TELEPHONE:305.929-8500 • WWW.K&
ATTORNEYS.COM
ALSO IN TALLAHASSEE, FL
Public Records Request of the Village of Bal Harbour
October 26, 201S
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5. "Media" or "press" shall mean any mass forms of communication with a mass
level of distribution intended to disseminate and/or communicate information
on a large scale including, but not limited to The Miami Herald, The Miami New
Times, The Broward Sun Sentinel, other Florida newspapers of mass circulation,
weekly or monthly print publications, online commercial websites, blogs,
television stations and radio stations. For the purpose of this request, the area of
distribution shall be contained to the State of Florida.
6. "Communication" shall be construed in its broadest sense and shall mean
directly or indirectly describing, setting forth, discussing, mentioning,
commenting upon, supporting, contradicting, or referring to the subject or topic
in question, either in whole or in part, whether by both written and verbal
exchanges between any person or persons or entities, including but not limited
to verbal conversations, telephone calls, meetings or any occasion of joint or
mutual presence as well as the transfer of any document from one person to
another,
7. The term "documents" shall mean anything that may be considered to be a
document or tangible thing within the meaning of Fla. R. Civ. P. 1.350 and
includes the original and any copies of any writing, drawing, facsimile, graph,
chart, photograph, appraisals, letters, budget proposals, financial projections,
correspondence, reports, memoranda, notes, work papers, bills, invoices, daily
diaries, minutes of meetings, bulletins, circulars, instructions, work assignments,
payrolls, telex messages, inter -office and intra-office communications (including
electronic mail a/k/a "e-mail"), transcripts, recordings of telephone or other
communications, records of manpower, schedules, market studies, tables, charts,
surveys, reports, books, ledgers, drawings, plans, as well as specifications,
diagrams, exhibits, models, sketches, photographs, videos, contracts,
subcontracts, licenses, supply and vendor contracts, checks, drafts, charge slips,
bid proposals, bid estimates, inspection reports, any and all writings, typing,
printings, drafts, copies or reproductions of them, irrespective of form (including
magnetic tape, discs and computer discs) as well as any electronic mail,
electronic documents, telephonic text messages, tape recordings, video
recordings, computer disks, storage tapes, storage disks, backup files, temporary
files, temporary print files, printouts, data processing records, and meta data,
8. Any alteration of a responsive document, including, but not limited to, any
marginal notes, handwritten notes, underlining, date stamps, received stamps,
endorsed, or filed stamps, drafts, revisions, modifications, or other revisions of a
final document constitutes a separate and distinct document, and must be
produced.
9. These requests require the production of documents in the same form and in the
same order as they are kept in the usual course of business or organized and
labeled to correspond with the particular requests set forth below. If you choose
f00219362.11
Public Records Request of the Village of Bat Harbour
October 26, 2015
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the former method, the documents are to be produced in the boxes, file folders,
bindings, or other containers in which the documents are found. The titles,
labels, or other descriptions on the boxes, file folders, bindings, or other
containers are to be left intact.
10. "Refer' or "relate to" means to make a statement about, discuss, describe,
reflect, constitute, identify, deal with, consist of, establish, comprise, list,
evidence, substantiate or in any way pertain, in whole or in part, to the subject.
11. As used herein the singular shall include the plural, the plural shall include the
singular, and the masculine, feminine, and neuter shall include each of the other
genders.
12. If you choose to withhold any documents from production for inspection and
copying (on the basis of privilege or otherwise), please provide a privilege log
identifying each document withheld and provide its date, number of pages,
author, recipient(s), a brief description of its subject matter, and your basis for
withholding the document from production.
13. The word "and" as well as "or" shall be construed disjunctively as well as
conjunctively. The word "all" means "any and all." The word "each" means "each
and every," and the word "every" means "each and every."
14. Any alteration of responsive documents, including, but not limited to, any
marginal notes, handwritten notes, underlining, date stamps, received stamps,
endorsed or filed stamps, drafts, revisions, modifications, or other revisions of a
final document constitutes a separate and distinct document and must be
produced.
15. Unless otherwise specified, all requests call for the production of documents
from the inception of any dealings or communications between the persons
identified above.
PUBLIC RECORDS REQUEST
Any and all documents, relating to, and copies of, all written or electronic
communications between Village Manager, Jorge Gonzaelz and the owners
and/or developers of the Bal Harbour Shops and/or their legal representatives
between March 1, 2015 and the date of this request.
2. Any and all documents, relating to, and copies of, all written or electronic
communications between Village Manager, Jorge Gonzaelz and the owners
and/or developers of the Bal Harbour Shops and/or their legal representatives
conducted pursuant to and/or subsequent to this public records request.
{00219362.1}
Public Records Request of the Village of Bal Harbour
October 26, 201S
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3. Any and all records and documents, relating to telephonic communications
between Village Manager, Jorge Gonzaelz and the owners and/or developers of
the Bal Harbour Shops and/or their legal representatives between March 1,
2015 and the date of the response to this public records request.
4. Any and all records and documents, relating to in person meetings and
communications between Village Manager, Jorge Gonzaelz and any
representative or registered lobbyist of the owners and/or developers of the Bal
Harbour Shops between March 1, 2015 and the date of the response to this
public records request.
5. Any and all records and documents, relating to in person meetings and
communications between Village Manager, Jorge Gonzaelz and the owners
and/or developers of the Bal Harbour Shops and/or their legal representatives
between March 1, 2015 and the date of the response to this public records
request.
6. Any and all documents, relating to, and copies of, all written or electronic
communications between the Mayor and/ or any Council member(s) of the
Village of Bal Harbour and the owners and/or developers of the Bal Harbour
Shops and/or their legal representatives between March 1, 2015 and the date of
this request.
7. Any and all records and documents, relating to telephonic communications
between the Mayor and/ or any Council member(s) of the Village of Bal Harbour
and the owners and/or developers of the Bal Harbour Shops and/or their legal
representatives between March 1, 2015 and the date of the response to this
public records request.
8. Any and all records and documents, relating to in person meetings and
communications between the Mayor and/ or any Council member(s) of the
Village of Bal Harbour and any representative or registered lobbyist of the
owners and/or developers of the Bal Harbour Shops between March 1, 2015 and
the date of the response to this public records request.
9. Any and all records and documents, relating to in person meetings and
communications between the Mayor and/ or any Council member(s) of the
Village of Bal Harbour and the owners and/or developers of the Bal Harbour
Shops and/or their legal representatives between March 1, 2015 and the date of
the response to this public records request.
10. Any and all documents, relating to, and copies of, all written or electronic
communications between Village Manager, Jorge Gonzaelz and any and all home
owners, groups of home owners, community groups and/or homeowner or
condominium associations regarding the proposed expansion of the Bal Harbour
(00219362.1)
Public Records Request of the Village of Bal Harbour
October 26, 2015
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Shops and any pending sale of Village owned property to the owners of the Bal
Harbour Shops between March 1, 2015 and the date of this request.
11. Any and all records and documents, relating to telephonic communications
between Village Manager, Jorge Gonzaelz and any and all home owners, groups
of home owners, community groups and/or homeowner or condominium
associations regarding the proposed expansion of the Bal Harbour Shops and
any pending sale of Village owned property to the owners of the Bal Harbour
Shops between March 1, 2015 and the date of the response to this public records
request.
12. Any and all records and documents, relating to in person meetings and
communications between Village Manager, Jorge Gonzaelz and any and all home
owners, groups of home owners, community groups and/or homeowner or
condominium associations regarding the proposed expansion of the Bal Harbour
Shops and any pending sale of Village owned property to the owners of the Bal
Harbour Shops between March 1, 2015 and the date of the response to this
public records request.
13. Any and all documents, relating to, and copies of, all written or electronic
communications between the Mayor and/ or any Council member(s) of the
Village of Bal Harbour and any and all home owners, groups of home owners,
community groups and/or homeowner or condominium associations regarding
the proposed expansion of the Bal Harbour Shops and any pending sale of Village
owned property to the owners of the Bal Harbour Shops between March 1, 2015
and the date of this request.
14. Any and all records and documents, relating to telephonic communications
between the Mayor and/ or any Council member(s) of the Village of Bal Harbour
and any and all home owners, groups of home owners, community groups
and/or homeowner or condominium associations regarding the proposed
expansion of the Bal Harbour Shops and any pending sale of Village owned
property to the owners of the Bal Harbour Shops between March 1, 2015 and the
date of the response to this public records request.
15. Any and all records and documents, relating to in person meetings and
communications between the Mayor and/ or any Council member(s) of the
Village of Bal Harbour and any and all home owners, groups of home owners,
community groups and/or homeowner or condominium associations regarding
the proposed expansion of the Bal Harbour Shops and any pending sale of Village
owned property to the owners of the Bal Harbour Shops between March 1, 2015
and the date of the response to this public records request.
16. Any and all documents, relating to, and copies of, all written or electronic
communications between Village Manager, Jorge Gonzaelz and any member of
the press regarding the proposed expansion of the Bal Harbour Shops and any
(00219362.1) En
Public Records Request of the Village of Bal Harbour
October 26, 2015
Page 6 of 6
pending sale of Village owned property to the owners of the Bal Harbour Shops
between March 1, 2015 and the date of this request.
17. Any and all records and documents, relating to telephonic communications
between Village Manager, Jorge Gonzaelz and any member of the press
regarding the proposed expansion of the Bal Harbour Shops and any pending
sale of Village owned property to the owners of the Bal Harbour Shops between
March 1, 2015 and the date of the response to this public records request.
18. Any and all records and documents, relating to in person meetings and
communications between Village Manager, Jorge Gonzaelz and any member of
the press regarding the proposed expansion of the Bal Harbour Shops and any
pending sale of Village owned property to the owners of the Bal Harbour Shops
between March 1, 2015 and the date of the response to this public records
request.
19. Any and all documents, relating to, and copies of, all written or electronic
communications between the Mayor and/ or any Council member(s) of the
Village of Bal Harbour and any member of the press regarding the proposed
expansion of the Bal Harbour Shops and any pending sale of Village owned
property to the owners of the Bal Harbour Shops between March 1, 2015 and the
date of this request.
20. Any and all records and documents, relating to telephonic communications
between the Mayor and/ or any Council member(s) of the Village of Bal Harbour
and any member of the press regarding the proposed expansion of the Bal
Harbour Shops and any pending sale of Village owned property to the owners of
the Bal Harbour Shops between March 1, 2015 and the date of the response to
this public records request.
21. Any and all records and documents, relating to in person meetings and
communications between the Mayor and/ or any Council member(s) of the
Village of Bal Harbour and any member of the press regarding the proposed
expansion of the Bal Harbour Shops and any pending sale of Village owned
property to the owners of the Bal Harbour Shops between March 1, 2015 and the
date of the response to this public records request.
In lieu of paper copies, we will accept electronic or scanned versions of all
documents. Please provide advance notice of any information you deemed to be privileged
or confidential as well as any information that will be redacted from the documents
provided. Additionally, please provide a timeframe in which you expect to have the
documents requested. Thank you for your prompt attention to this matter.
s.I LC. Planas
Juan -Carlos Planas, Esq.
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