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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 Page 2 of 6 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 Page 3 of 6 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 Page 4 of 6 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 Page 5 of 6 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. (00219362.1) 99