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Home My Public Portal AboutPRR 15-1722RECORDS REQUEST (the "Request ") Date of Request: 1/15/2015 Requester's Request ID#: 987 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: 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: Provide all records that demonstrate that Mr. Sweetapple (or his law firm) was retained by the Town of Gulf Stream to defend the numerous cases against the Town by Martin E. O'Boyle. Further, provide all records which have made Mr. Sweetapple aware of the litigation and public information requests tactics of Martin O'Boyle, as well as the et Sweetapple at aL Cage No 9.14 -CV- 81250 -KAM (S.D. Fla-) ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, SEMON 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDASTATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SEE 5119.01(2)(F), FLORIDA STATUTES. 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) ALSO PLEASE TAKE. NOTE OF fit 19.0741)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES TIIAT "IFA CIVIL ACTION IS INSTITUTED WITHIN THE 70 -DAY PERIOD I'O ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO TIIE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY Nor DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT.IL!RISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES." 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 he 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 Requesmr by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". I/P/NP/FLRR 1.12.2015 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 20, 2015 Commerce GP, Inc. [mail to: records @commerce- group.com] Re: GS #1722 (987) Provide all records that demonstrate that Mr. Sweetapple (or his law firm) was retained by the Town of Gulf Stream to defend the numerous cases against the Town by Martin E. O'Boyle. Further, provide all records which have been made Mr. Sweetapple aware of the litigation and public information requests tactics of Martin O'Boyle, as well as the allegations set forth in Mr. O'Boyle's First Amended Complaint, dated January 9, 2015, in O'Boyle v. Sweetapple et al., Case No. 9:14 -CV- 81250 -KAM (S.D. Fla.) Dear Commerce GP, Inc. [mail to: records(a)commerce- grouu.comlI The Town of Gulf Stream has received your public records requests dated January 15, 2015. If your request was received in writing, then the requests can be found at the following link: hqp: / /www2.gulf- stream. ore/ WebLink8 /0 /doc /34015/Pagel.asRxx. 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 of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. DOUGLAS C. BROEKER, P.A. 44 West Flagler Sheet. Ste. 1500 Miami, Florida 33130.6817 Telephone: (305) 374 -5623 Facsimile: (305) 358.1023 ROBERT A. SWEETAPPLE DOUGLAS C. BROEKER ALEXANDER D. VARKAS, JR. KADISHA D. PHELPS ALEXANDER D. VARKAS, RI ASHLEIGH M. GREENE • ea.wn �rnrnn nuswus unasnax,srrowver ao�sa mmvanrnamut�noanty VIA EMAIL AND US MAIL William Thrasher _ City Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 April 16, 2014 Re: O'Boyle v. Town of Gulf Stream O'Hare v. Town of Gulfstream Dear Mr. Thrasher: SWEETAPPLE & VARKAS, P.A. 20 S.F 3" Street Boca Raton, Florida 33432 -3911 Telephone: (561) 392 -1230 Facsimile: (561)3946102 Please Reply To: Boca Ratan E -Mail: nweetnpple@.sweetapplelaw.com avark- m@swectapplelaw.com Aphelps@swmtappielaw.com ajvukms@sweetapplelaw.com cbailey@swectapplelaw.com dsmi0r @sweetappielaw.com Paralegals: Cynthia J. Bailey, CP, FCP, FRP Deborah Smith, CP, FRP Jomie Arden, FRP This correspondence shall confirm that I have accepted co- representation of the Town of Gulfstream in the above referenced matters. My time will be billed at the courtesy rate of $350.00 per hour. Billings will be sent to you on a monthly basis. Very truly yours, ROBERT A. SWEETAPPLE RAS:cjb TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 12, 2015 Commerce GP, Inc. [mail to: records @commerce- group.com], Re: GS #1722 (987) Provide all records that demonstrate that Mr. Sweetapple (or his law firm) was retained by the Town of Gulf Stream to defend the numerous cases against the Town by Martin E. O'Boyle. Further, provide all records which have made Mr. Sweetapple aware of the litigation and public information requests tactics of Martin O'Boyle, as well as the allegations set forth in Mr. O'Boyle's First Amended Complaint, dated January 9, 2015, in O'Boyle v. Sweetapple et al., Case No. 9:14 - CV- 81150 -KAM (S.D. Fla) Dear Commerce GP, Inc. [mail to: records(a,commerce- eroup.comlI The Town of Gulf Stream received your public records requests on January 15, 2015. You should be able to view your original requests at the following link httv://www2.gulf- stream. ore /WebLink8 /0 /doc /34015/Pagel.aspx. In future correspondence, please refer to this public records request by the above referenced numbers. Records that Demonstrate Mr. Sweetapple was Retained We have already devoted an excess of 15 minutes towards this request. The partial production of the responsive documents for your public records request can be found at htto://www2.gulf- stream.orWWebLink8 /0 /doc /34015/Pagel.aspxx and httv://www2.gulf- stream.org/WebLink8/DocView.aspx?id= 5978 &dbid =0. Numerous other records, including pleadings filed by the Town with the Court, demonstrate that Mr. Sweetapple was retained by the Town to defend public records lawsuits brought against the Town by Mr. O'Boyle. Your request also encompasses documents prepared by the Town's attorneys exclusively for the litigation or in anticipation of imminent litigation and that reflect the mental impressions, conclusions, litigation strategies, or legal theories of the Town's attorney or the Town and would be exempt under Florida Statute 119.0171(1)(d)l until the conclusion of the litigation. To search for responsive documents, assess whether they constitute public records and determine if any exemption applies will require significant time and expense. The Town estimates 6 hours of administrative support at $36.39 per hour and at least 3 hours of attorney support to review for exemptions related to the ongoing litigation at $235.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). If the costs of producing these documents will exceed your deposit, the Town will provide you with an initial production of responsive records and an estimate for the production of any additional responsive records. If the costs of production are less than the deposit, the Town will provide you with the responsive records and a refund. (4 hours @ 36.39 =145.56) = Deposit Due: $145.56 in cash or check. Records that Made Attorney Sweetapale Aware With regard to the second sentence of your request, the Town does not know which, if any, public records may have "made Mr. Sweetapple aware ", and therefore, is not aware of any responsive public records. 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