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Home My Public Portal AboutPRR 15-1968RECORDS REQUEST (the "Request") Date of Request: 10/8/15 Requestor's Request ID#: 1119 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: Commerce Grouo, Inc. REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at records(a7,commerce-proun.com Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Provide conies of all records (including, without limitation, communications, billings, memos, text messages, emails, audio lanes and videos) wherein Joan Orthwein was a Receiver or a Sender during the Period January 1, 2013 through October 8, 2015 which are in possession of the Town of Gulf Stream. ADDITIONAL INFORMATION REGARDING REQUEST The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream. its Commissioners. its Manager, its emolovees its Police Department, its Police Officers and its Counsel (including. without limitation, the following law firms) Sweetaoole. Broeker & Varkus; Richman Greer. PA; and Jones. Foster. Johnston & Stubbs (including, without limitation, the attorneys, emnlovees and Partners of each such law firm.) THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES 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 4119.01(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(41(x) (2) ALSO ['LEASE TAKE NOTE OF 6119.07(1)(11) OF THE FLORIDA STATUTES, NYIIICII I'ROVIDES THAT "IF A CI\'Il. ACTION IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF -THE RECORD EXCEPT BY ORDER OF A COURT OF COMPE'1'F.NT JURISDICI'IO.N AFTER NO I'ICE 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 be required that the Requestor approve of any casts, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs Imposed to the Requester 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". UP/NP/FLRR 07.28.2015 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 29, 2015 Commerce Group, hic. [mail to: records@commerce-group.com] Re: GS #1967 (1118),1968 (1119), 1969 (1120) Provide copies ofall records (including, without limitation, communications, billings, memos, text messages, emails, audio tapes and videos) wherein Scott Morgan was a Receiver or a Sender during the period January 1, 2013 through October 8, 2015 which are in possession of the Town of Gulf Stream. The term "Town of Gulf Stream " shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm) Provide copies of all records (including, without limitation, communications, billings,memos, text messages, emails, audio tapes and videos) wherein Joan Orthwein was a Receiver or a Sender during the period January 1, 2013 through October 8, 2015 which are in possession of the Town of Gulf Stream. The term "Town of Gulf Stream" shall mean each of thefollowing: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm) Provide copies ofall records (including, without limitation, communications, billings, memos, text messages, emails, audio tapes and videos) wherein Donna White was a Receiver or a Sender during the period January 1, 2013 through October 8, 2015 which are in possession of the Town of Gulf Stream. The term "Town of Gulf Stream " shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such lawfirm) Dear Commerce Group, Inc. [mail to: records(@,commerce-arouo.coml, The Town of Gulf Stream has received your public records requests dated October 8, 2015. The original public record request can be found at the following link: h!W://www2.eulf- stream.org/weblink/0/doc/67592/Pagel.asnx, htlp://www2.gulf- stream.ore/weblink/O/doc/67594/Pagel.asvx, and httv://www2.eulf- stream.org/weblink/O/doc/67590/Pagel.asnx. 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 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 19, 2015 Commerce Group, Inc. [mail to: records@commerce-group.com] Re: GS #1968 (1119), 1969 (1120) Provide copies of all records (including, without limitation, communications, billings, memos, text messages, emails, audio tapes and videos) wherein Joan Orthwein was a Receiver or a Sender during the period January 1, 1013 through October 8, 1015 which are in possession of the Town of Gulf Stream. The term "Town of Gulf Stream " shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Qfcers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Yarkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (inchuling, without limitation, the attorneys, employees and partners of each such law firm) Provide copies of all records (including, without limitation, communications, billings, memos, text messages, emails, audio tapes and videos) wherein Donna White was a Receiver or a Sender during the period January 1, 1013 through October 8, 1015 which are in possession of the Town of Gulf Stream. The term "Town of Gulf Stream " shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners ofeach such lawfirm) Dear Commerce Group, Inc. [mail to: recordsacommerce-eroup.coml, The Town of Gulf Stream received your public records request on October 8, 2015. You should be able to view your request at the following link http://www2.eulf- stream.ore/weblink/O/doc/67594/Pagel.asux, and http://www2.culf- stream.ore/weblink/0/doc/67590/Pagel.aVx. In future correspondence, please refer to these public records requests by the above referenced numbers. As an initial matter, the Town disputes that you have identified those portions of the records that you seek with sufficient specificity to permit the custodian to identify the records. As you are aware, Donna White served as a Town Commissioner from 6/14/13 to the present and Joan Orthwein served as Town Commissioner from 4/1995 to the present and as Town Mayor from 7/13/12 to 4/11/14. Both individuals are also residents of the Town who receive regular communications from the Town as a result. Your request is vague, ambiguous and overly broad and essentially seeks to completely duplicate the records of a Town Commissioner and resident for a nearly two year period. The Town Commission generally meets once per month. Accordingly, records responsive to your request would be the agendas and the agenda packets of the ARPB as well as the Town Commission. All agendas are online, but only from October 2013 to current are agenda packets available online for the Town Commission. For the agenda packets for the ARPB, all packets are there for the time period you seek. These can be found by going to www.gulf-stream.org, click on "Town Clerk", click on "Agendas", click on either "ARPB" or "Town Commission". You will then click on the desired year to find the agendas and packets you seek. The Town notes that it has previously responded to requests -- including requests from you and/or your affiliated entities or officers -- for records that appear to seek a subset of the present request and provided records, advised no records exist, or given estimates of the cost to produce responsive records. Responses to previous requests that appear to be a subset of this request include the following: As to Donna White: Public Records Requests 13-241, 13-258, 13-321, 13-360, 13-369, 13457 and 13-1522. As to Joan Orthwein: Public Records Requests 13-218, 13-241, 13-254, 13-318, 13-367, 13-455,14-752,14-867,14-945,14-1069,14-1516,14-1570,14-1623. To find the aforementioned requests and responses, go to www.galf-stream.org, click on "Find a Town Record", click on "Public Record Requests", click on the year you desire, click on either "Public Record Number Log" or "Public Record Requests (of desired year)" and search by the number of the public records request. In light of the breadth of your request, which covers "all records" received or sent to the referenced individuals during a nearly two year period, producing all records responsive to your request will require extensive clerical or supervisory assistance. As you are also aware, the Town is presently defending 40 public records lawsuits that were filed during the nearly two-year time period encompassed by your request including at least one lawsuit directed to public records in the possession of Joan Orthwein. The Town is also defending seven (7) pending lawsuits brought against it and its officials in state and federal courts in Palm Beach County. Another two (2) lawsuits brought by the Town are pending in state and federal courts in Palm Beach County. Your request thereby potentially encompasses documents prepared by the Town's attorneys exclusively for litigation or in anticipation of imminent litigation and that reflect the mental impressions, conclusions, litigation strategies, or legal theories of the Town's attorneys or the Town and would be exempt under Florida Statute § 119.0171(1)(d) until the conclusion of the litigation. As a result, the Town reasonably anticipates needing attorney time to review any records that may be responsive to your request for exemptions under Florida Statute § 119.0171(1)(d). The Town estimates that for each of Mrs. White and Mrs. Orthwein, it will require 4 hours of administrative support at $40.51 per hour, and 2 hours of attorney support from the Town's outside legal counsel 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. The total estimate required by the Town to proceed with the aforementioned requests is as follows: (8 hours @ 40.51=324.08) — (.25 hours @40.51=10.13) + (4 hours @ 235.00 = 940.00) _ Deposit Due: $1,253.95 in cash or check. Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs are private entities. While communications and documents are related to the town, commissioners, staff, representatives, and constitutes, may be public records, not all communications or documents in the procession of a private entity are public records. 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. If we do not hear from you within 30 days of this letter, we will consider this closed. Sincerely, Town Clerk