HomeMy Public PortalAboutPRR 14-1668RECORDS REQUEST (the "Request ")
Date of Request: 12116/2014
Requestor's Request ID#:
956
REQUESTER Custodian of Records Town of Gulf Stream
REQUESTER:
Commerce GP, Inc.
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 copies of all communications where Joel Chandler
was the recipient or where Joel Chandler was the sender. Also provide copies
or an ocumen authored y Joel Chandler. I his; Kequest is made for the Ca endar
Year 2014 and is made to the Town of Gulf Stream, Sweetapple, Broeker & Varkas,
P.L., Jones, Foster, Johnston & Stubbs, P.A. and Richman & Greer, P.A.
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 REOUESTED THAT THIS RECORDS REOUEST 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
December 19, 2014
Commerce GP, Inc. [mail to: records @commerce - group.com]
Re: GS #1668 (956)
Please provide copies of all comunnications where Joel Chandler was the recipient or where Joel
Chanlder was the sender. Also, provide copies of all documents authored by Joel Chandler. This
request is made for the calendar year 2014 and is made to the Town of Gulf Stream, Sweetapple,
Broeker & Yarkas, P.L., Jones, Foster, Johnston & Stubbs, P.A. and Richman & Greer, P.A.
Dear Commerce GP, Inc. [mail to: records(a,commerce- woup.coml,
The Town of Gulf Stream received your public records request on December 16, 2014. If your
request was received in writing, then the request can be found at the following link
http: / /www2.gulf- stream. org/ WebLink8 /0 /doc /31552/Pagel.asox. 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: scottmorgan75 @gmail.com
Sent: Wednesday, November 19, 2014 5:10 PM
To: Robert Sweetapple; OConnor, Joanne M.
Subject: Fwd: Joel Chandler email RE: Gulf Stream v. OHare - RICO
Attachments: JoelEMail 111714.pdf; ATT00001.htm; OHARE public comments 11- 14- 14.docx;
ATT00002.htm
Sent from my iPhone
Begin forwarded message:
From: "Chris O'Hare" < chrisohare gulfstream(a.gmail.com>
Date: November 19, 2014 at 10:45:29 AM EST
To: "scottmorgan75(a),gmail.com" <scottmorgan75(@gmail.com >, smorganagulf- stream.org,
rwganger@bellsouth.net, rganger( ,gulf- stream.org, ioanorthwein(a)gmail.com, iorthwein(@,gulf-
stream.org tom(a,macmillanstanlev.com, tstanlev(cDgulf- stream.ore, pasodonnaaa mnail.com.
dwhiteaa.gulf- stream.org
Subject: Joel Chandler email RE: Gulf Stream v. OHare - RICO
Dear Scott,
I am sending you by attachment a copy of an email written recently by Mr. Joel Chandler. He wrote this
email after having read a transcript of the comments I made during the public meeting of the Town
Commission on November 14, 2014. Those comments are attached as well for your reference.
My purpose in sharing Mr. Chandler's email with you is to again encourage you to seriously reconsider
the merits of spending public money and Town resources to pursue a RICO action against me simply
because I will not dismiss my claims against the Town. Mr. Chandler's comments should leave no doubt
in your mind that I am innocent of any activity which you have publicly claimed where the reason for your
intended RICO action against me.
It is my opinion that much grief and expense could be saved by all concerned if you had knowledge of Mr.
Chandler's email - sooner rather than later.
Sincerely,
Chris O'Hare
---- - - - - -- Forwarded message ---- - - - - --
Date: Wed, Nov 19, 2014 at 8:56 AM
Subject: Joel's e-mail
'I UIWZU14 urnall- unrlsunare- Iminotoesllencea!
•
tl {'¢'' i Louis Roeder <lou.roeder @gmaii.com>
brG 1
Chris O'Hare - " I will not be silenced!"
Joel Chandler <joelchandler @fogwatch.org> Mon, Nov 17, 2014 at 12:24 PM
To: Lou Roeder <lou @louroeder.com>
Lou,
Lest there be any doubts about my feelings on this issue, I believe Chris has done nothing wrong and that the
has nothing to do with the RICO allegations. I believe (and have stated to Sweetapple and O'Conner) that the
Town should concede to Chris's demands and be done with it. Chris is a victim of the Town's foolishness.
Joel
[Quoted text hidden]
[Quoted text hidden]
<I will not be silenced 111414.pdf>
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O'Hare Speech before the Gulf Stream Commission
Nov 14, 2014
"I will not be silenced!"
3 years ago I criticized a police officer when I heard him call workers at my home
BEANERS.
A few weeks later this officer searched the inside of my home uninvited and without a
warrant. He then took pictures of the inside of my home from over my rear fence.
This officer came back later and again tried to enter my home uninvited and without a
warrant but found the doors locked. He then spied into my private home by looking over
the rear fence again.
This same officer then fabricated a false police report and lied about what he did and
why he did it.
My complaints to the Town about this have produced no results; not even an apology.
Instead Mr. Thrasher waged a campaign against me of retaliation and abuse by
denying my permits, inciting my neighbors and fabricating false code violations. But I
would not be silenced.
I made numerous public record requests. I tried to call attention to the Town's abuse
with a website and political art. But have gotten nowhere with the Town.
I have complained to the courts and have been retaliated against yet again, this time by
a propaganda campaign aimed at silencing me once more by accusing me of harassing
the Town and wasting the Town's resources and money. But I will not be silenced.
Then in a desperate attempt to force me to give up my complaints and be finally
silenced, each commissioner has voted to accuse me of criminal racketeering and to
use the courts as a weapon to retaliate against me and suppress my free speech.
Each member of this commission has collaborated to concoct a fictitious legal complaint
against me solely in retribution and retaliation for themselves having been brought
before the courts.
I have been warned by Mayor Morgan through his attorney that I must withdraw ALL my
complaints or be drawn into a long and expensive RICO lawsuit. That is extortion and I
will not be silenced.
This RICO accusation is untrue but it is a ringing bell that cannot be unrung. It is a
callous and malicious attempt to destroy my character and it will not go unpunished.
The Town has chosen to fight a long and costly battle. I have made numerous attempts
to resolve this and been rebuffed. I am speaking today to try to mitigate some of the
propaganda damage inflicted on my by the commission. But I am just a citizen fighting a
juggernaut of power and money. But I will not be silenced.
O'Hare public comments before the Gulf Stream Commission on Nov 14, 2014.
"I will not be silenced"
3 years ago I criticized a police officer when I heard him call workers at my home BEANERS.
A few weeks later this officer searched the inside of my home uninvited and without a warrant. He then
took pictures of the inside of my home from over my rear fence.
This officer came back later and again tried to enter my home uninvited and without a warrant but
found the doors locked. He then spied into my private home by looking over the rear fence again.
This same officer then fabricated a false police report and lied about what he did and why he did it.
My complaints to the Town about this have produced no results; not even an apology.
Instead Mr. Thrasher waged a campaign against me of retaliation and abuse by denying my permits,
inciting my neighbors and fabricating false code violations. But I would not be silenced.
I made numerous public record requests. I tried to call attention to the Town's abuse with a website
and political art. But have gotten nowhere with the Town.
I have complained to the courts and have been retaliated against yet again, this time by a propaganda
campaign aimed at silencing me once more by accusing me of harassing the Town and wasting the
Town's resources and money. But I will not be silenced.
Then in a desperate attempt to force me to give up my complaints and be finally silenced, each
commissioner has voted to accuse me of criminal racketeering and to use the courts as a weapon to
retaliate against me and suppress my free speech.
Each member of this commission has collaborated to concoct a fictitious legal complaint against me
solely in retribution and retaliation for themselves having been brought before the courts.
I have been warned by Mayor Morgan through his attorney that I must withdraw ALL my complaints or
be drawn into a long and expensive RICO lawsuit. That is extortion and I will not be silenced.
This RICO accusation is untrue but it is a ringing bell that cannot be unrung. It is a callous and malicious
attempt to destroy my character and it will not go unpunished.
The Town has chosen to fight a long and costly battle. I have made numerous attempts to resolve this
and been rebuffed. I am speaking today to try to mitigate some of the propaganda damage inflicted on
my by the commission. But I am just a citizen fighting a juggernaut of power and money. But I will not be
silenced.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
April 13, 2015
Commerce GP, Inc. [mail to: records @commerce- group.com]
Re: GS #1668 (956)
Please provide copies of all communications where Joel Chandler was the recipient or where Joel
Chandler was the sender. Also, provide copies of all documents authored by Joel Chandler. This
request is made for the calendar year 1014 and is made to the Town of Gulf Stream, Sweetapple,
Broeker & Yarkas, P.L., Jones, Foster, Johnston & Stubbs, P.A. and Richman & Greer, P.A.
Dear Commerce GP, Inc. [mail to: records(o)commerce- grouo.coml,
The Town of Gulf Stream received your public records requests on December 16, 2014. You
should be able to view your original requests at the following link htto://www2.¢ulf-
stream. ore /WebLink8 /0 /doc /31552/Pagel.asox. If your request was verbal, then the description
of your public records request is set forth in the italics above. In future correspondence, please
refer to this public records request by the above referenced numbers.
To the extent that you seek all public records received from, sent to or created by Joel Chandler, a
partial production of records are available at a similar records request found at: http://www2.gulf-
stream.org/WebLink8 /0 /doc /20415/Pasel.aspx. These documents include:
• Communications received from or sent to Mr. Chandler or his counsel
An additional email is also attached to the following link: htty://www2.gulf-
stream.ors/WebLink8 /0 /doc /31552/Page l .aspx.
Please be advised that a sworn statement of Mr. Chandler taken by counsel for the Town on July
23, 2014 was previously produced to you care of your counsel, Nickalaus Taylor, Esq., Daniel
DeSouza, Esq. and Mitchell Berger, Esq. and his associates on November 5, 2014 in response to a
request to produce from you in O'Boyle v. Gulf Stream, Case No. 2014CA004474XXXXMBAA.
Because your counsel at the O'Boyle Law Finn has asserted that the statement contains privileged
information of the Citizens' Awareness Foundation, Inc., the Town is unable to reproduce that
statement here. See Citizens Awareness Foundation, Inc. v. Sweetapple, Broeker & Yarkas, P.L,
Case No. 502014CAOI l941XX)0CMB AA and O'Hare v. Gulf Stream, Case No. 2014 -CA-
008327XXXXMB AF.
There are additional records received from, sent to or created by Joel Chandler in the possession
of the Town's outside counsel, Robert Sweetapple, Esq. Even assuming that those records and any
communications between Mr. Sweetapple and Mr. Chandler that have not been shared with the
Town are public records as defined in Chapter 119, Florida Statutes, which the Town does not
concede, your counsel at the O'Boyle Law Firm claims in pending litigation that Mr. Chandler has
provided to Mr. Sweetapple confidential and privileged information of CAFI. See Citizens
Awareness Foundation, Inc. v. Sweetapple, Broeker & Varkas, P.L, Case No.
502014CA011941XXXXMB AA and O'Hare v. Gulf Stream, Case No. 2014 -CA-
008327XXXXMB AF. The Town further asserts that any communications from Mr. Sweetapple
to Mr. Chandler are exempt per Fla. Stat. 119.071(1)(d)I as reflecting Mr. Sweetapple's mental
impressions, conclusions, litigation strategies or legal theories and were prepared exclusively for
civil litigation involving the Town adverse to you, your officers and/or employees (Martin
O'Boyle, Denise DeMartini, William Ring), your affiliated entities (including, but not limited to,
CAFI, Stopdirtygovernment, LLC, Commerce Group, Inc., CG Acquisition Co., Inc., Airline
Highway, LLC, CRO Aviation, Inc., Our Public Records, LLC and Asset Enhancement, Inc.), your
present and former attorneys at the O'Boyle Law Firm (Jonathan O'Boyle, Ryan Witmer, Giovani
Mesa, Nickalaus Taylor) and Christopher O'Hare.
To search the Town's files and Mr. Sweetapple's files for additional responsive documents, assess
whether they constitute public records and determine if any exemption applies will require
significant time and expense. The Town estimates I hour of administrative support at $36.39 per
hour, 2 hours of paralegal support at $125.00 per hour, and 1 hour of attorney support at $235.00
per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d).
(1 hours @ 36.39 = 36.39) - (.25 hour @ 36.39= 9.10) + (2 hours @ 125.00 = 250.00) + (1
hour @ 235.00 = 235.00) = Deposit Due: $512.29 in cash or check.
Finally and in particular since you have made a broad request for "all communications," the Town
estimates that to conduct a thorough review of its hard and electronic files to determine that it has
not missed any additional documents will require 1 hours of administrative support at $36.39 per
hour, 1 hour of information technology support at $120.00 per hour, and 1 hour of attorney support
to review for exemptions related to ongoing litigation at $235.00 per hour, the labor cost of the
personnel providing the service, per Fla. Stat. § 119.07(4)(d).
(1 hours @ 36.39 = 36.39) + (1 hours @ 120.00 = 120.00) + (1 hour @ 235.00 = 235.00) _
Deposit Due: $391.39 in cash or check.
The total deposit for both parts of the records request would be = $903.68 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