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HomeMy Public PortalAboutPRR 15-1882From: Chris O'Hare [ mailto: chrisoharegulfstream @gmail.com) Sent: Wednesday, July 08, 2015 11:40 AM To: Bill Thrasher Subject: PUBLIC RECORD REQUEST Chandler shade meeting Dear Custodian of Records, This email is a request for a single public record. Please respond to this public record request in a singular manner and do not combine this public record request with any other public record requests when responding. Before making this public record request, I first searched the public records portion of your agencies website hoping I could locate the public record I seek without having to trouble you for it. Unfortunately I can not find the record I wish to examine. Perhaps you would consider responding to my public record request by publishing the responsive documents on your agencies website and thereby making the record available to all record seekers. If you chose to respond this way, please tell me when the record is published. I request you provide for my inspection the public record which is: The transcript of any attorney /client session of the Town Commission to discuss Joel Chandler vs. Town of Gulf Stream that was conducted in 2013. 1 make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by 4119.07(I)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 6119.070)(8 of the Florida Statutes. Please take note of $119.070)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the orieinal electronic format in which they were created or received. See 6119.01(2)(8. Florida Statutes. Please provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. Please take note of 4119.07(4)(01(d) Florida Statues and if you anticipate that any records exist, the production for inspection of which will require extensive use of information technologies or extensive staff time or both in excess of 15 minutes, then please advise me of the cost you anticipate to be incurred by your agency prior to incurring this cost. If you anticipate the production for inspection of these public records to exceed $1.00 please notify me in advance of you incurring the cost with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes. All responses to this public records request should be made in writing to the following email address: chrisolrareeulfstream(7a amail.com I CLOSED -DOOR SESSION O RI'G INA L TOWN OF GULFSTREAM TOWN OF GULFSTREAM TOWN HALL SEPTEMBER 13, 2013 6:10 P.M. to 6 :35 p.m. IN ATTENDANCE: MAYOR JOAN ORTHWEIN DONNA S. WHITE, Commissioner W. GARRETT DERING, Commissioner ROBERT GANGER, Commissioner THOMAS STANLEY, Commissioner WILLIAM THRASHER, Town Manager JOHN C. RANDOLPH, Town Attorney JULIE ANDOLPHO, Court Reporter PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 2 1 MR. RANDOLPH: I just wanted to announce that 2 this is a closed -door session pursuant to Florida 3 statute. 4 Even though it's a closed -door session as you 5 can see from the presence of the court reporter 6 there's a transcript of this meeting being made, 7 and that transcript becomes public upon settlement 8 of the lawsuit or any appeals connected therewith. 9 I would ask, because this is being 10 transcribed, you speak one at a time so that all 11 your comments can be made part of the record. 12 I would further ask that you keep in mind, 13 because this is a public record afterwards, that 14 you not say anything at this meeting that you would 15 not want to see in the press or have read by 16 someone else after the meeting. 17 It's closed door because I asked your advice 18 with regard to a proposed settlement agreement, and 19 that settlement agreement has been put before you. 20 Basically, it's to pay -- this is the last public 21 records lawsuit pending. All the others have been 22 dismissed. 23 Joel Chandler had his own -- excuse me -- 24 question? 25 MR. DERING: Question, I really don't know PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 3 1 what this is all about. Can you tell us what the 2 suit is about? 3 MR. RANDOLPH: Um'hum. 4 MR. DERING: Okay. 5 MR. RANDOLPH: The proposal in this remaining 6 lawsuit is to pay the sum of $2,000 which would be 7 for their attorney fees and costs and to provide 8 the records that were requested to Mr. Chandler, 9 and they say in here to withdraw or strike 10 statements made in our motion and answer which is 11 Mr. Chandler is essentially a puppet of Marty 12 O'Boyle. And it says this was insulting to 13 Mr. Chandler. 14 This was a public records lawsuit that was 15 filed as a result of Mr. Chandler coming in along 16 with Mr.O'Boyle and I believe one other person. 17 MR. THRASHER: Correct. 18 MR. RANDOLPH; I believe there were three 19 people that came in. 20 Mr. Chandler asked for certain public records 21 which Rita left the room and made, and upon her 22 return she presented him a bill for 15 cents per 23 copy and a bill for her labor in the amount of, I 24 think, $3.50, something like, that is set forth in 25 the complaint. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 4 1 He challenged her there at that time and said 2 you're not entitled to charge me 15 cents a page 3 and you're not entitled to charge for the labor 4 under the statute. She basically, allegedly, said 5 that, well, I prepared the records for you in 6 response to your request, they're here if you want 7 them. He -- then he left. 8 Subsequently he filed a public records request 9 which was filed by William Ring who also represents 10 and represented Mr.O'Boyle and stated that the Town 11 was violating the public records law by charging 12 more than the statutory rate. His claim was that 13 you can't charge 15 cents per page you can only 14 charge cost of duplication for the copies that he 15 received which were 11 by 17. They were oversized 16 copies and the statute states that for oversized 17 copies you can only charge the cost of duplication. 18 He claims cost and duplication was less than 15 19 cents per page. 20 There's an argument to be made in regard to 21 what the statute means there. Some contend the 22 statute means he's charged 15 cents a page for 23 regular sized copies but you can charge more for 24 oversized copies. But that's not the way the 25 statute reads. It says you can only charge actual PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 E 1 cost of duplication for oversized copies. That's 2 one of the issues in the lawsuit. The other issue 3 in the lawsuit is she shouldn't have charged for 4 her labor costs because it didn't really require 5 extra -- extraordinary costs of her labor time. 6 She felt it did because she felt it was a 7 cumulative kind of thing attached to other public 8 records requests that were made. 9 We did file a response to this and argued in 10 our response that Mr. Chandler -- we did not say in 11 our response that Mr. Chandler was a puppet of 12 Mr. O'Boyle. 13 The response basically said that we feel that 14 he was here with Mr.O'Boyle and Rita felt that this 15 was all part of Mr. O'Boyle's public records 16 request and therefore filed a response saying that 17 and that's why she felt justified in charging a 18 labor charge because she felt that this was a 19 cumulative charge. 20 If we go to -- if we go to court on this it's 21 going to cost you much more than $2,000. 22 Mr. Chandler, by the way, has filed several of 23 these kinds of public records lawsuits throughout 24 the state. His name is well -known in communities 25 throughout the state where he's filed similar PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 G 1 public records requests. Several communities have 2 settled with him on a financial basis, some for 3 less money. 4 What I'm asking today is for me to have the 5 authority to -- if you approve it -- to go ahead 6 and settle for up to the $2,000. What I'd like to 7 do is to have the opportunity to negotiate for a 8 lesser amount and see whether or not that is 9 acceptable. 10 You cannot settle a case in a setting like 11 this. You have to settle a case in a public 12 setting. You do not make motions at this meeting 13 today to settle this case. You can give me 14 direction to negotiate to settle along the terms 15 that are suggested in here. 16 The public records themselves, which is listed 17 at Item 2, have been made, and those public records 18 will be provided to Mr. Chandler. 19 The sum of $2,000 could be paid subject to 20 your giving me direction to do that. I can't tell 21 you how much the -- if we go to court it may cost 22 you $10,000 to settle this case. 23 Another way to handle it would be to just 24 admit the allegations in the complaint. 25 Quite frankly, I think the $2,000 is a little PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 7 1 bit high for just having filed the complaint 2 particularly in light of the fact that several of 3 these complaints were being filed at the same time 4 and I think this was fairly boilerplate. 5 Mr. Ring has stated he kept his fees low in 6 order to be able to settle this case. 7 I think it's reasonable to get this last 8 public records case off our plate, and I would like 9 to have the opportunity to negotiate up to $2,000 10 to do so. 11 Item 3, I don't know how to withdraw, strike 12 or retract the statements that were made in our 13 motion and answer. They're part of the court 14 record and I can't -- I can't get rid of what's 15 already part of the record. So I don't know 16 whether he's seeking some sort of an apology from 17 us or not. We were just basically setting forth 18 our best affirmative defense to the complaint. 19 I'm happy to answer any questions that you may 20 have. 21 MR. GANGER: I have a couple of questions 22 which are mystifying to me. 23 Mr. Ring is Mr.O'Boyle's attorney and Brian 24 Whitmer worked for Mr.O'Boyle and was also named 25 and he withdrew his suit. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 8 1 MR. THRASHER: Brian Whitmer is the third 2 person -- 3 MR. RANDOLPH: He was the third person there 4 and he did dismiss his lawsuit. But when we did 5 this settlement we had agreed that Mr. Chandler was 6 separate and apart from the O'Boyle lawsuits. 7 MR. GANGER: I remember that. 8 MR. RANDOLPH: And, therefore, that one 9 remained. It's unfortunate that it did. it would 10 have been nice to get rid of all of them at once. 11 Nevertheless, this is hanging on and Mr. Chandler 12 is claiming he has no relationship to Mr.O'BOyle. 13 It is interesting. 14 I've stated the fact that Mr.o'BOyle's lawyer 15 filed the complaint on his behalf. Mr. Chandler 16 contends that he was separate and apart and didn't 17 have anything to do with Mr.o'Bcyle's public 18 records request. 19 MR. STANLEY: Skip, what -- I'll go first -- 20 what are the damages to the Town that we -- on 21 these types of cases if you either, you know, you 22 admit the items in the complaint and then there's a 23 judgment, if you will, entered against the Town? 24 MR. RANDOLPH: None other than the fact that 25 we have to pay attorney's fees and costs. PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 I 1 MR. STANLEY: Basically whatever accrues at 2 that time it's just what is justifiable before the 3 judge we would be responsible to pay with the 4 judgment which ultimately could be less than what 5 you could settle for, maybe. 6 MR. RANDOLPH: Maybe. 7 MR. STANLEY: Maybe. 8 MR. RANDOLPH: He can charge for the cost of 9 having an attorney come in and testify as to 10 attorney's fees. 11 MR. STANLEY: An award of fees and costs in 12 other words? 13 MR. RANDOLPH: Yes. 14 MR. STANLEY: That's the answer to my 15 question. 16 MR. RANDOLPH: And a judgment that's against 17 the Town of Gulfstream in the public records case 18 which is published. 19 MR. STANLEY: Obviously. No one ever wants 20 121 any judgments, so I understand. MR. DERING: You may have said it but I missed 22 it, how many pages did he ask the staff to copy? 23 MR. RANDOLPH: Oh, gosh. I did not say it but 24 I have my file here on the case. 25 MR. DERING: Better yet, what was the total PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 10 1 bill at 15 cents? 2 MR. RANDOLPH: "Plaintiff sought to obtain by 3 personal delivery of written request to Rita 4 Taylor, the Town clerk and records custodian, 5 copies of all plans which are 11 by 17 in size and 6 of which are in regard to application Number 1 on 7 the agenda of the Town commission meeting dated 8 April 12, 2013 for the premises known as 3211 North 9 ocean Boulevard. Town clerk acknowledged receipt 10 of the request and informed plaintiff that the 11 request would take approximately 10 minutes to 12 fulfill. Approximately ten minutes later the Town 13 clerk returned with copies of the requested 14 documents. The Town clerk demanded $6.95 as a 15 condition of access to the public records. The 16 calculation of 6.95 included a charge of 15 cents 17 per 11 by 17 page in addition to a charge for the 18 time spent to retrieve copy and refile the public 19 records." It does not have a breakdown of the 20 number of pages. 21 MR. DERING: I guess I could have asked 22 separately what was the charge. 23 Did she offer at anytime to say, well, if you 24 don't want to pay for them well argue that later, 25 but here they are? PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 11 1 MR. RANDOLPH: No. It's my understanding that 2 she did not. He just left without the records. 3 MR. DERING: So we didn't offer, okay. In any 4 of these -- whatever you call them 5 MR. RANDOLPH; Public records -- 6 MR. DERING: -- no. In your answer to his 7 suit, or whatever, did we ever -- is the word 8 puppet in there anywhere? 9 MR. RANDOLPH: No. 10 MR. DERING: Why is he making this claim? 11 MR. RANDOLPH: He's using his own word to 12 describe the manner in which we filed our answer. 13 I'll tell you what we said exactly. "The Town. 14 averse that it is the Town's reasonable belief that 15 the public records request that is the subject of 16 this action was filed at the direction of Martin 17 O'Boyle. The Town averse in support of this belief 18 the following facts: At the time plaintiff brought 19 the public records request to the Town he was 20 accompanied by O'Boyle who was delivering his own 21 request at the time and another associate of 22 O'Boyle, Ryan Whitmer, who was also delivering a 23 request that the Town believes was submitted at the 24 direction of O'Boyle. The address listed on the 25 public records request is the same address provided PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 12 1 by O'Boyle for the request that he had submitted to 2 the Town. The attorney of record for plaintiff is 3 also the attorney of record for four other actions 4 brought against the Town by or at O'Boyle's 5 direction with respect to various public records 6 request." And then, the Town averse that more than 7 400 public records requests had been filed, that 8 the Town has produced thousands of pages in 9 response. The about Town averse that the Town 10 staff," blah,'blah, blah, "The Town averse that the 11 records custodian was under the impression that the 12 request submitted by O'Boyle, Ryan Whitmer and 13 plaintiff could be treated as cumulative requests 14 for purpose of charging for extensive use of 15 resources." So that's -- the word puppet was never 16 used. 17 What I'd like to do is go back to Mr. Ring and 18 negotiate a figure with him up to the amount 19 requested unless you just say that you're not 20 willing to go up to $2,000 and the alternative is 21 we either go to court, which is not a good way to 22 go because of the expense, or we file some sort of 23 a statement admitting all of the allegations in the 24 complaint and leaving the matter of attorney fees 25 up to the court. That's still going to cost us PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 13 1 extra money, so I'd like -- 2 MR. DERING: No question about that. I 3 guess -- I guess the issue is somewhere -- I 4 understand settlement is a whole lot cheaper, but 5 the issue is if we keep doing this how many keep 6 coming out of the woodwork? 7 MR. RANDOLPH: Well, we feel like we have a 8 pretty good handle on public records request at 9 this time, at least a better handle. There are 10 many more public -- I mean, Bill, you can talk at 11 this meeting -- but there have been -- I'm not 12 asking you to talk, I'm just telling you that -- 13 there have been other public records requests filed 14 since this time by other groups including Mr. 15 O'Hare who was here, and including others who we 16 don't know who they represent. They might just be 17 people who are following in the footsteps of 18 Chandler to attempt to file a case and get a 19 monetary settlement like is being requested here. 20 But we do have a paralegal, it's actually a law 21 student, who is coming into Town Hall at a very low 22 rate to assist with the public records thing. So 23 we feel like we have a better handle on this than 24 we did back then when all of these were being -- 25 were being filed. Our hope is that if we do that PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 14 1 we can avert future public records request lawsuits 2 by complying exactly with the law as it relates to 3 these things. Now that's not a guarantee that 4 someone is not going to allege that they got some 5 rights to these records and that we may have some 6 disagreement on. But anything you do I suppose 7 could -- could cause a precedent if they see you 8 settled just like any other suit you file may cause 9 a precedent -- that you settle. $2,000 in this 10 case is -- 11 MR. GANGER: Your knowledge base probably 12 isn't any different than mine with respect to Mr. 13 O'Boyle's filing of a lawsuit against the county 14 for a $1.89 charge. Is that -- is the County going 15 to -- according to the newspaper the county said 16 that they, you know, will take that one on. Is 17 there any precedent in what the county is doing 18 that could be helpful to us in anyway? 19 MR. RANDOLPH: In regard to -- let me just say 20 something. This hearing today has to strictly 21 relate to the settlement that's before you. 22 MR. GANGER: Okay. 23 MR, RANDOLPH: We should not have discussions 24 in regard to other suits -- other matters. 25 MR. GANGER: I understand that. PLEASANTON, GREENHILL, MEEK & NARSAA 561/833.7811 15 1 MR. RANDOLPH: I ask if you want to talk about 2 what they might be doing or if there's anything 3 helpful in that regard that we -- that we discuss 4 that at another time. 5 MR. GANGER: Okay, fine. I withdraw the 6 question. 7 MAYOR ORTHWEIN: I would like to point out 8 that we do have Trey, he's a law student, and Keith 9 is very familiar with public records requests on 10 board now. We are handling things in a much more 11 appropriate way going forward. 12 MR. DERING: We have them available. The 13 issue is he didn't want to pay 15 cents. He wanted 14 to pay whatever the actual cost is which nobody 15 knows. 16 MR. RANDOLPH: I think he alleged it was more 17 like 7 or 8 cents, something like that. The fact 18 is -- I'm not sure -- unless you want to go in and 19 fight this case which would cost you a lot more 20 than $2,000, I'm not sure the -- that it serves 21 very much purpose for us to discuss whether we're 22 right or they were right in regard to this public 23 records request. I think we got some, you know, we 24 got some good arguments to make in court, but 25 that's not the issue before you today if you don't PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 M. 1 want to go to court and spend money paying me to go 2 to court and possibly pay their attorney fees. The 3 issue today is if you want to get rid of this one 4 and move on. 5 MR. DERING: The issue is if we got any holes 6 in our case or we're pretty ironclad in your 7 opinion legally then you still got to make the 8 judgment -- 9 MAYOR ORTHWEIN: I appreciate all your 10 comments, but under the situation -- the situation 11 we're dealing with and everything that happened 12 with the public records request this summer I think 13 it's -- it would be prudent on our part to give 14 Skip the direction to pay up to 2,000 and try to 15 settle for less. We have everything in place now 16 to deal with public records requests. It was 17 unfortunate we got into this situation but we did, 18 and I think we need to move forward and not tie up 19 and pay more legal fees trying to fight something. 20 That is my opinion. 21 MR. GANGER: I completely -- 22 MR. DERING: I'm not here saying we should 23 fight it. I'm here because -- it's got nothing to 24 do with this, but I've seen these types of things 25 happen before and you keep doing it, guess what, PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 17 1 they keep coming at you. They're paying attorney 2 fees if we win? 3 MR. RANDOLPH: No. 4 MR. DERING: No? 5 MR. RANDOLPH: No. We have to pay their 6 attorney fees. 7 MR. DERING: If we win? B MR. RANDOLPH: Right. 9 MAYOR ORTHWEIN: This is something that -- I 10 don't -- 11 MR. DERING: Excuse me a minute. If we go to 12 court we pay our attorney fees -- 13 MR. RANDOLPH: I don't think so -- 14 MR. DERING: -- and we pay their attorney fees 15 even if we win? 16 MR. RANDOLPH: I think the statute provides, 17 and I'll have to look at it and get back to you, 16 but I think the statute provides -- I don't think 19 it says the prevailing party gets attorneys fees. 20 I think it says in the event that the person filing 21 the public records request prevails that they're 22 entitled to their attorney fees. 23 MR. DERING: So if they prevail we pay their 24 attorney's fees. If they don't we pay ours and 25 they pay theirs? PLEASANTON, GREENHILL, MEEK & MARSAA 561/633.7611 18 1 MR. RANDOLPH: Yes. 2 MR. DERING: Excuse me, I just wasn't clear. 3 MAYOR ORTHWEIN: That's fine if you want to 4 clarify that. 5 MR. GANGER: Joan, you made the point, and 6 it's a point well taken. This is one you want 7 behind you. I'm 100 percent confident Skip will do 8 his damnedest to get a fair settlement. I think 9 $2,000 is an outrageous amount of money for what -- 10 for this purpose. I would start lower and 11 authorize you to go to $2,000 and do it quickly. 12 As you say here, time is not our friend and -- 13 MR. RANDOLPH: That was his letter. 14 MR. GANGER: I understand. But I think -- I 15 understand where he is, too. This could drag out 16 and cost more and more money and more angst and 17 everything else. 18 MR. RANDOLPH: I will use my discretion in 19 regard to Item 3. I told Bill Ring we can't redact 20 something that's already filed in the court. So he 21 may ask for a -- something else. But if he does 22 I'll have to come back to you. Remember, whatever 23 happens in regard to the settlement has got to be 24 done in public, so if there's a -- a nuance to this 25 that I haven't presented to you today I would come PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 19 1 back to you in another short closed -door session 2 and tell you what happened and then we can settle 3 at the public meeting after. 4 If it's your consensus today that you give me 5 the authority to negotiate up to $2,000 on this 6 settlement I will do that and then when you resume 7 at your public part of the meeting there's nothing e to announce because you haven't settled yet, but 9 you could say we had the meeting, we've given 10 Mr. Randolph direction in regard to how to proceed 11 period. That's what you would do at the public 12 meeting and then you would adjourn. 13 MR, GANGER: Just for facts, because if 14 somebody reads this in the public record, is this 15 gentleman who brought this a resident or 16 representing a resident? 17 MR. RANDOLPH: No. No, he's not a resident. 18 MR. GANGER: I personally -- that's germane to 19 me. 20 MS. WHITE: Do you know his profession? 21 MR. RANDOLPH: He's an attorney -- 22 MS. WHITE: He's an attorney -- 23 MR. RANDOLPH: -- maybe he's not. 24 MR. THRASHER: I do not believe he is. This 25 is how he makes his money he and his brother. PLEASANTON, GREENHILL, MEEK a MARSAA 561/833.7811 20 1 MR. RANDOLPH: What's the name of the 2 organization? 3 MR. THRASHER: Fogwatch, one word. 4 MR. RANDOLPH: You're right, he's not an 5 attorney. 6 If there's not -- there should be a bullet 7 here, but if it's the consensus that we proceed as 6 Mr. Ganger has suggested to allow me to negotiate 9 to resolve this lawsuit and get a dismissal and 10 releases up to $2,000 I will go ahead and do that 11 unless I hear something from you to the contrary. 12 MAYOR ORTHWEIN: I'm in agreement with that, 13 obviously, that's what I stated. 14 MR. STANLEY: I'm in agreement. 15 MR. RANDOLPH: Okay. We can adjourn this 16 closed door session at this point. This meeting 17 will terminate. We'll go back into public session. 1s If there's still members of the public that are 19 waiting we should ask them to come in. 20 MR. GANGER: I don't believe there are. Rita 21 has to come back for the adjournment. 22 MAYOR ORTHWEIN: We're adjourned. 23 (Whereupon the session is concluded at 6:35 p.m.) 24 25 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 CERTIFICATE OF REPORTER STATE OF FLORIDA ) COUNTY OF LtA, 11%kC' 1 ( ) I, JULIE ANDOLPHO, Court Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that such transcription, Pages 1 through Zl , herein is a true and accurate record of my stenographic notes. I further certify that I am not a relative or employee or attorney or counsel of any of the parties, nor a relative or employee of such attorney or counsel, or financially interested, directly or indirectly, in this action. The certification does not apply to any reproduction of the same by any means unless under the direct control and /or direction of the reporter. Dated this I(,( ay of 2013. Court Reporter. $1,89 14:14 $10,000 6:22 $2,000 3:6 5:21 6:6,19,25 7:9 12:20 14:9 15:20 18:9,11 19 :5 20:10 $3.50 3:24 $6.95 10:14 1 1 10:6 21:7 10 10:11 100 18:7 11 4:15 10:5,17 12 10:0 13 1:6 15 3:22 4:2,13,10,22 10:1,16 15:13 15th 21:20 17 4:15 10:5,17 2 2 6:17 2,000 16:14 2013 1:6 10:8 21:20 21 21:7 3 3 7:11 18:19 3211 10:8 4 400 12:7 6 6.95 10:16 6:10 1:6 6:35 1:6 20:23 7 7 15:17 8 B 15:17 A able 7:6 acceptable 6:9 access 10:15 accompanied 11:20 according 14 :15 accrues 9:1 acknowledged 10:9 action 11:16 21:13,14 actions 12:3 actual 4:25 15:14 actually 13:20 addition 10:17 address 11:24,25 adjourn 19:12 20:15 adjourned 20:22 adjournment 20:21 admit 6:24 8:22 admitting 12:23 advice 2:17 affirmative 7:iB afterwards 2:13 against 8:23 9:16 12:4 14:13 agenda 10:7 agreed Bt5 agreement 2:18,19 20:12,14 ahead 6:5 20:10 allegations 6:24 12:23 allege 14:4 alleged 15:16 allegedly 4:4 allow 20:8 already 7:15 18:20 alternative 12:20 am 21:10,11,13 amount 3:23 6:8 12:18 18:9 and /or 21:17 Andolpho i :le 21:4,22 angst 13:16 announce 2:1 19 :B answer 3 :10 7:13,19 9:14 11:6,12 anything 2:14 8:17 14:6 15:2 anytime 10:23 anyway 14:18 anywhere 11:8 apart 8:6,16 apology 7t16 appeals 2:8 application 10:6 apply 21:16 appreciate 16:9 appropriate 15:11 approve 6:5 approximately 10:11,12 April 10:8 argue 10:24 argued 5:9 argument 4:20 arguments 15 :24 assist 13:22 associate 11:21 attached 5:7 attempt 13:18 ATTENDANCE 1:10 attorney 1:17 3:7 7:23 9:9 12:2,3,24 16:2 17:1,6,12,14,22 19:21,22 20:5 21:10,12 attorney's 8:25 9:10 17:19,24 authority 6:5 19 :5 authorize 18 :11 authorized 21:5 available 15:12 averse 11:14,17 12:6,9,10 avert 14:1 award 9:11 B base 14:11 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 Page 1 of 5 basically 2:20 4:4 5:13 7:17 9:1 basis 6:2 BEACH 21:2 becomes 2:7 behalf 0:15 behind 18:7 belief 11:14,17 believe 3:16,18 19 :24 20:20 believes 11:23 best 7:18 better 9:25 13:9,23 bill 3:22,23 10:1 13:10 18:19 bit 7:1 blah 12:10 board 15:10 boilerplate 7:4 Boulevard 10:9 breakdown 10:19 Brian 7:23 B:1 brother 19 :25 brought 11:10 12:4 19:15 bullet 20:6 C calculation 10 :16 case 6:10,11,13,22 7:6,8 9:17,24 13:18 14:10 15:19 16:6 cases 8:21 cause 14:7,8 cents 3:22 4:2,13,19,22 10:1,16 15:13,17 certain 3:20 certification 21:15 certify 21:5,10 certifying 21:18 challenged 4:1 Chandler 2:23 3:8,11,13,15,20 5:10,11,22 6:18 B:5,11,15 13:18 charge 4:2,3,13,14,17, 23,25 5:18,19 9:8 10:16,17,22 14:14 charged 4:22 5:3 charging 4:11 5:17 12:14 cheaper 13:4 claim 4:12 11:10 claiming 8:12 claims 4:18 clarify le :4 clear 18:2 clerk 10:4,9,13,14 closed 2:17 20:16 closed -door 1:1 2:2,4 19:1 21:6,9 coming 3:15 13:6,21 17:1 comments 2:11 16:10 commission 10:7 commissioner 1:12,13,14,15 communities 5:24 6:1 complaint 3:25 6:24 7:1,18 8:15,22 12:24 complaints 7:3 completely 16:21 complying 14:2 concluded 20:23 condition 10:15 confident 18:7 connected 2:8 21:12 consensus 19:4 20:7 contend 4:21 contends 8:16 contrary 20:11 control 21:17 copies 4:14,16,17,23,2 4 5:1 10:5,13 copy 3:23 9:22 10:18 correct 3:17 21:8 cost 4:14,17,18 5:1,21 6:21 9:8 12:25 15:14,19 18:16 costs 3:7 5:4,5 8:25 9:11 disagreement 14:6 discretion 18:18 discuss 15:3,21 discussions 14:23 dismiss 8:4 dismissal 20:9 dismissed 2:22 documents 10:14 done 18:24 counsel 21:11,12 1 DONNA 1:12 county 14:13,14,15,17 21:2 couple 7:21 court 1:18 2:5 5:20 6:21 7:13 12:21,25 15:24 16:1,2 17:12 18:20 21:22 cumulative 5:7,19 12:13 custodian 10:4 12:11 D damages 8:20 damnedest 18:8 dated 10:7 day 21:20 deal 16:16 dealing 16:11 defense 7:18 delivering 11:20,22 delivery 10:3 demanded 10:14 DERING 1:13 2:25 3:4 9:21,25 10:21 11:3,6,10 13:2 15:12 16:5,22 17:4,7,11,14,23 1B:2 describe 11:12 different 14:12 direct 21:17 direction 6:14,20 11:16,24 12:5 16:14 19:10 21:17 door 2:17 20:16 drag 18:15 duplication 4:14,17,18 5:1 E either 8:21 12:21 else 2:16 18:17,21 employee 21:12 entered 8:23 entitled 4:2,3 17:22 essentially 3:11 event 17:20 everything 16:11,15 18:17 exactly 11:13 14:2 excuse 2 :23 17:11 18:2 expense 12:22 extensive 12:14 extra 5:5 13:1 extraordinary 5:5 F fact 7:2 8:14,24 15.17 facts 11:16 19:13 fair 18:8 fairly 7:4 familiar 15:9 feel 5:13 13:7,23 fees 3:7 7:5 8:25 9:10,11 12:24 16:2,19 17:2,6,12,14,19 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 Page 2 of 5 ,22,24 felt 5:6,14,17,18 fight 15:19 16:19,23 figure 12:18 file 5:9 9:24 12:22 13:18 14:6 filed 3:15 4:8,9 5 :16,22,25 7:1,3 8:15 11:12,16 12:7 13:13,25 18:20 filing 14:13 17:20 financial 6:2 financially 21:13 fine 15:5 18:3 first 6:19 Florida 2:2 21:2 Fogwatch 20:3 footsteps 13:17 foregoing 21:15 forgoing 21:6 forth 3:24 7:17 forward 15:11 16:18 frankly 6:25 friend 18:12 fulfill 10:12 future 14:1 G Ganger 1:14 7:21 8:7 14:11,22,25 15:5 16:21 18:5,14 19:13,18 20:8,20 GARRETT 1:13 gentleman 19:15 germane 19:18 gets 17:19 given 19:9 giving 6:20 gosh 9:23 groups 13:14 guarantee 14:3 guess 10:21 13:3 16:25 Gul£ stream 1:1,5 9:17 H Hall 1:5 13:21 hand 21:20 handle 6t23 13:8,9,23 handling 15:10 hanging 8:11 happen 16:25 happened 16:11 19:2 happens 18:23 happy 7:19 haven't 18:25 19 :8 having 7:1 9:9 hear 20:11 hearing 14:20 helpful 14:18 15:3 hereby 21:5 hereunto 21:19 he's 4:22 5:25 7:16 11:11 15:8 19:17,21,22,23 20:4 high 7:1 holes 16:5 hope 13:25 I I'd 6:6 12:17 13:1 I'll 8:19 11:13 17:17 18:22 I'm 6:4 7:19 13 :11,12 15:18,20 16:22,23 18:7 20:12,14 impression 12:11 included 10:16 including 13:14,15 inclusive 21:7 informed 10:10 insulting 3:12 interested 21:13 interesting 8:13 ironclad 16:6 isn't 14:12 issue 5:2 13:3,5 15:13,25 16:3,5 issues 5:2 Item 6:17 7:11 18:19 items 8:22 it's 2:4,17,20 5:20 7:7 6:9 9:2 11:1 13:20 16:13,23 10:6 19:4 20:7 I've 8 :14 16:24 J Joan 1:11 18:5 Joel 2:23 JOHN 1:17 judge 9:3 judgment 8:23 9:4,16 16:8 judgments 9:20 Julie 1:18 21:4,22 justifiable 9:2 justified 5:17 K Keith 15:8 kinds 5:23 knowledge 14:11 known 10:8 L labor 3:23 4:3 5:4,5,18 last 2:20 7:7 latex 10:12,24 law 4:11 13:20 14:2 15:8 lawsuit 2:8,21 3:6,14 St2,3 8:4 14:13 20:9 lawsuits 5:23 8:6 14:1 lawyer 8:14 least 1319 leaving 12:24 legal 16:19 legally 16:7 less 4:18 6:3 9:4 16:15 lesser 6:8 letter 18:13 light 7:2 listed 6:16 11:24 little 6:25 lot 13:4 15:19 low 7:5 13:21 lower 18:10 M Manager 1:16 manner 11:12 Martin 11:16 Marty 3:11 matter 12:24 matters 14:24 may 6:21 7:19 9:21 14:5,8 18:21 maybe 9:5,6,7 19:23 MAYOR 1:11 15:7 16:9 17:9 18 :3 20:12,22 mean 13:10 means 4:21,22 21:17 meeting 2:6,14,16 6:12 10:7 13:11 19:3,7,9,12 20:16 members 20:18 mind 2:12 mine 14:12 minute 17:11 minutes 10:11,12 missed 9:21 monetary 13:19 money 6:3 13:1 16:1 18:9,16 19:25 GREENHILL, MEEK & MARSAA 561/833.7811 Page 3 of 5 motion 3:10 7:13 motions 6:12 move 16:4,18 Mr.O'Boyle 3:16 4:10 5:14 7:24 8:12 Mr.O'Boyle's 7:2 8:14,17 mystifying 7:22 N negotiate 6:7,14 7!9 12:18 19:5 20:8 Nevertheless 8:1 newspaper 14:15 nice 8:10 nobody 15 :14 None 8:24 nor 21:11,13 North 10:8 notes 21:8 nothing 16:23 19:7 nuance 18:24 0 O'Boyle 3:12 5:1 8:6 11:17,20,22,24 12:1,12 O'BOyle's 5:15 12:4 14:13 obtain 10:2 obviously 9:19 20:13 Ocean 10:9 offer 10:23 11:3 Oh 9:23 O'Hare 13:15 okay 3:4 11:3 14:22 15:5 20:15 opinion 16:7,20 opportunity 6:7 7:9 order 7:6 organization 20: ORTHWEIN 1:11 15:7 16 :9 17:9 18:3 20:12,22 others 2:21 13:15 ours 17:24 outrageous 16:9 oversized 4:15,16,24 5 :1 P P.m 1:6 20:23 page 4:2,13,19,22 10:17 pages 9:22 10:20 12:8 21:7 paid 6:19 PALM 21:2 paralegal 13:20 particularly 7:2 parties 21:11 party 17:19 21:12 pay 2:20 3:6 8:25 9:3 10:24 15:13,14 16:2,14,19 17:5,12,14,23,2 4,25 paying 16:1 17:1 pending 2:21 people 3:19 13:17 Paz 3:22 4:13,19 10:17 percent 18:7 period 19:11 person 3:16 8:2,3 17:20 Personal 10:3 personally 19:18 plaintiff 10:2,10 11:18 12:2,13 plans 10:5 plate 7:8 point 15:7 18:5,6 20:16 possibly 16:2 precedent 14:7,9,17 premises 10:8 prepared 4:5 presence 2:5 presented 3:22 18:25 press 2:15 pretty 13:8 16:6 prevail 17:23 prevailing 17:19 prevails 17:21 probably 14:11 proceed 19:10 20:7 produced 12:8 profession 19:2o Professional 21:4 proposal 3:5 proposed 2:18 provide 3:7 provided 6:18 11:25 provides 17:16,18 prudent 16:13 public 2:7,13,20 3:14,20 4:8,11 5:7,15,23 6:1,11,16,17 7:8 8:17 9:17 10:15,18 11:5,15,19,25 12:5,7 13:8,10,13,22 14:1 15:9,22 16:12,16 17:21 16:24 19:3,7,11,14 20:17,1B published 9:18 puppet 3:11 5:11 11:8 12:15 purpose 12:14 15:21 18:10 pursuant 2:2 4 question 2:24,25 9:15 13:2 15:6 questions 7:19,21 quickly 18:11 Quite 6:25 R Randolph 1 :17 2:1 3:3,5,18 8:3,8,24 9:6,8,13,16,23 10:2 11:1,5,9,11 13:7 14:19,23 15:1,16 17:3,5,8,13,16 18:1,13,iB 19:10,17,21,23 20:1,4,15 rate 4:12 13:22 reads 4:25 19:14 really 2:25 5:4 reasonable 7:7 11:14 receipt 10:9 received 4:15 record 2:11,13 7:14,15 12:2,3 19:14 records 2:21 3:8,14,20 4:5,8,11 5:8,15,23 6:1,16,17 7:8 8:18 9:17 10:4,15,19 11:2,5,15,19,25 12:5,7,11 13:8,13,22 14:1,5 15:9,23 16:12,16 17:21 redact 18:19 refile 10:18 regard 2:18 4:20 10:6 14:19,24 15:3,22 18:19,23 19:10 regular 4:23 relate 14:21 relates 14:2 relationship 8:12 relative 21:11 releases 20:10 remained 8:9 remaining 3:5 remember 8:7 18:22 report 21:5 reporter 1:18 2:5 21:4,18,22 represent 13:16 represented 4:10 representing PLEASANTON, GREENHILL, MEEK & MARSAA 561/833,7811 Page 4 of 5 19:16 represents 4:9 reproduction 21:16 request 4:6,8 5:16 8:18 10:3,10,11 11:15,19,21,23, 25 12:1,6,12 13:8 14:1 15:23 16:12 17:21 requested 3:8 10:13 12:19 13:19 requests S:8 6:1 12:7,13 13:13 15:9 16:16 require 5:4 resident 19:15,16,17 resolve 20:9 resources 12:15 respect 12:5 14:12 xesponse 4:6 5:9,10,11,13,16 12:9 responsible 9:3 result 3:15 resume 19:6 retract 7:12 retrieve 10:18 return 3:22 returned 10:13 rid 7:14 8:10 16:3 rights 14:5 Ring 4:9 7:5,23 12:17 18:19 Rita 3:21 5:14 10:3 20:20 ROBERT 1:14 1 room 3:21 1 Ryan 11:22 12:12 1 S seeking 7:16 seen 16:24 separate 8:6,16 separately 10 :22 September 1:6 21:20 serves 15:20 session 1:1 2:2,4 19:1 20:16,17,23 21t6,9 setting 6:10,12 7:17 settle 6:6,10,11,13,14 ,22 7:6 9:5 14:9 16:15 19:2 settled 6:2 14:B 19:8 settlement 2:7,18,19 8:5 13:4,19 14:21 18:8,23 19:6 several 5:22 6:1 7:2 short 19:1 shorthand 21:6 similar 5:25 situation 16:10,17 size 10:5 sized 4:23 Skip 8:19 16:14 18:7 somebody 19:14 someone 2:16 14:4 somewhere 13:3 sort 7:16 12:22 sought 10:2 Speak 2:10 spend 16:1 spent 10:18 staff 9:22 12:10 STANLEY 1:15 8:19 9:1,7,11,14,19 20:14 start 18:10 state 5:24,25 21:2 stated 4:10 7:5 8:14 20:13 statement 12:23 statements 3:10 7:12 states 4 :16 statute 2:3 4:4,16,21,22,25 17:16,18 statutory 4:12 stenotype 21:6 strictly 14:20 strike 3:9 7:11 student 13:21 15:8 subject 6:19 11:15 submitted 11:23 12:1,12 Subsequently 4:8 suggested 6:15 20:8 suit 3:2 7:25 11:7 14:8 suits 14:24 sum 3:6 6:19 Bummer 16:12 support 11:17 suppose 14:6 sure 15:18,20 T talk 13:10,12 15:1 Taylor 10:4 ten 10 :12 terminate 20:17 terms 6:14 testify 9:9 that's 4:24 5:1,17 9:14,16 12:15,25 14:3,21 15:25 18:3,20 19:11,18 20:13 theirs 17:25 themselves 6:16 therefore 5:16 8:8 there's 2:6 4:20 8:22 15:2 18:24 19:7 20:6,18 therewith 2:8 they're 4:6 7:13 17:1,21 third 8:1,3 THOMAS 1:15 thousands 12:8 THRASHER 1:16 3:17 8:1 19:24 20:3 throughout 5:23,25 tie 16:18 today 6:4,13 14:20 15:25 16:3 18:25 19:4 total 9:25 Town 1:1,5,16,17 4:10 8:20,23 9:17 10:4,7,9,12,14 11:13,17,19,23 12:2,4,6,8,9,10 13:21 Town's 11:14 transcribed 2:10 transcript 2:6,7 21:15 transcription 21:8 treated 12:13 Trey 15:8 true 21:7 try 16:14 trying 16:19 types 8:21 16 :24 U ultimately 9:4 um-hum 3:3 understand 9:20 13:4 14:25 18:14,15 understanding 11:1 unfortunate 8:9 16:17 unless 12:19 15 :18 20:11 21:17 upon 2:7 3:21 y various 12:5 Violating 4:11 PLEASANTON, GREENHILL, MEEK & 14ARSAA 561/833.7811 Page 5 of 5 W waiting 20:19 wasn't 18:2 we'll 10:24 20:17 well -known 5:24 we're 15:21 16:6,11 20:22 we've 19:9 whatever 9:1 11:4,7 15:14 18:22 WHEREOF 21:19 Whereupon 20:23 whether 6:6 7:16 15:21 WHITE 1:12 19:20,22 Whitmer 7:24 8:1 11:22 12:12 whole 13:4 William 1:16 4 :9 willing 12 :20 win 17:2,7,15 withdraw 3:9 7:11 15:5 withdrew 7:25 WITNESS 21:19 woodwork 13:6 worked 7:24 written 10:3 Y yet 9:25 19:8 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 14, 2015 Chris O'Hare [mail to: chrisoharegulfstream @gmail.com] Re: GS #1882 (Chandler shade meeting) The transcript of any attorney /client session of the Town Commission to discuss Joel Chandler vs. Town of Gulf Stream that was conducted in 2013. Dear Chris O'Hare [mail to: chrisohareeulfstream (a)email.coml, The Town of Gulf Stream received your public records requests on July 8, 2015. You should be able to view your original requests at the following link http://www2.gulf- stream.ore/weblink/0 /doc /57289 /Pagel.asyx. In future correspondence, please refer to this public records request by the above referenced numbers. The responsive documents can be found at same above link. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records