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HomeMy Public PortalAboutMarty Minor Transcript 06/05/13MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502013CA0067SOXXXXMB AO MARTIN E. O'BOYLE, Plaintiff, -vs- TOWN OF GULF STREAM, Defendant. DEPOSITION OF MARTY MINOR TAKEN ON BEHALF OF THE PLAINTIFF Wednesday, June 5, 2013 9:14 - 11:55 a.m. 100 Sea Road Gulf Stream, Florida 33483 Reported by: Kathleen Lusz, RPR Job#377575 ESQUIRE 800.211.DEPO (3376) 1, EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM APPEARANCES: On behalf of the Plaintiff: MARTIN E. O'BOYLE, Pro Se COMMERCE GROUP 1280 West Newport Center Drive Deerfield Beach, Florida 33442 Telephone: 954.570.3518 On behalf of the Defendant: JOHN C. RANDOLPH, Esquire JONES, FOSTER, JOHNSTON & STUBBS 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 Telephone: 561.650.0400 ALSO PRESENT: MARRETT W. HANNA, Esquire WILLIAM THRASHER, Town Manager ESQUIRE June 05, 2013 2 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM I -N -D -E -X MARTY MINOR Direct Examination by Mr. O'Boyle E X H I B I T S M A R K E D Plaintiff's PAGE 4 No. 1 Subpoena 5 No. 2 CD 7 No. 3 Records Request 34 No. 4 E -Mails 3/27/2013 35 No. 5 E -Mail 3/27/2013 49 No. 6 E -Mail 6/4/2013 65 No. 7 E -Mails 5/14/2013 & 5/15/2013 65 No. 8-A Subpoena Documents 76 No. 8-B Composite 76 No. 8-C Composite 76 No. 8-D E -Mail 4/17/2013 76 No. 8-E Composite 76 No. 8-F Composite 76 No. 8-G Composite 76 No. 8-H Composite 76 No. 8-I Composite 76 No. 8-J Composite 76 No. 8-K E -Mails 3/27/2013 82 No. 8-L Drawing 82 No. 9 Report 84 ESQUIRE June 05, 2013 3 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM Thereupon, DEPOSITION OF MARTY MINOR JUNE 5, 2013 MARTY MINOR, June 05, 2013 4 having been first duly sworn, was examined and testified as follows: THE WITNESS: I do. DIRECT EXAMINATION BY MR. O'BOYLE: Q. Mr. Minor, my name is Martin O'Boyle. And I am deposing you here today. Have you ever been deposed before? A. No. Q. If I ask you a question and you don't understand it, please stop me and ask me to explain it or to repeat it so that you do understand it. I would not speculate. If you don't know the answer to the question, just say you don't know. And, of course, if you do know, you do know. Do you have any questions in connection with the process of the deposition? A. No, I do not. Q. Okay. Did you receive a copy of the subpoena duces tecum for today's deposition? ESQUI1.RE 800.211.DEPO (3376) Esquire Solutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 5 1 A. Yes, I did. 2 MR. O'BOYLE: Okay. Could we have this -- 3 Have you seen this, Skip? 4 MR. RANDOLPH: Yes. 5 MR. O'BOYLE: Okay. Could we have this 6 marked? 7 (Plaintiff's Exhibit Number 1 was marked for 8 identification.) 9 BY MR. O'BOYLE: 10 Q. And what documents did you bring in response 11 to that subpoena? 12 A. Here are the documents in paper and digital 13 form that you requested. 14 Q. Okay. And are you familiar with the request 15 that was made to the Town of Gulf Stream for documents? 16 A. Yes. 17 Q. Okay. And would you like to see, or do you 18 think you remember it well enough? Or do you have a 19 copy? 20 A. Is it the request that was included in the 21 complaint? 22 Q. The answer is yes. 23 A. Yes, then I've seen it. 24 Q. Just out of curiosity, how did you get a copy 25 of the complaint? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 6 A. Mr. Randolph sent it to me? Q. When did he send it to you may I ask? A. Yes. Yesterday. Q. Yesterday? A. Yes. Q. Okay. So when you received the subpoena, you really didn't know what this was about? A. No. Q. You didn't speak to Mr. Thrasher or Ms. Taylor? A. No. I was asked to pull these documents that you requested. Q. From whom? A. Mr. Thrasher initially, yes. Q. And subsequent? A. I think this was just Mr. Thrasher. I'm sorry. I misspoke. Q. I'm sorry? A. It was Mr. Thrasher. It was just Mr. Thrasher. Q. And he asked you to pull the documents in question? A. Pull the documents. Q. Okay. And what you handed me is a disk which is not designated other than I guess it says TDK, Tango, ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 7 1 Delta, Kilo, Life on Record, charlie, Delta, hyphen, 2 Romeo, 52X 80 minutes, 700 megabytes with no other 3 designation; would that be correct? 4 A. That's correct. 5 Q. Ands it's in a white envelope. 6 MR. O'BOYLE: Okay. Can we mark this as well? 7 Skip, do you need to see this? 8 MR. RANDOLPH: No. 9 (Plaintiff's Exhibit Number 2 was marked for 10 identification.) 12 Q. Tell me if you would the process -- Well, let 13 me go back beyond that. 14 You work for - I'm going to see if I remember 15 right this time - Urban Design Kilday? 16 A. Studios. 17 Q. Studios. I got it three-quarters right. 18 How long have you been with Urban Design 19 Kilday Studios? 20 A. Since 1999. 21 Q. And what is your position there? For example, 22 are you -- I don't know how design studios work, but in 23 a law firm you might be a partner, an associate and of 24 counsel. What would be your role? 25 A. I am a senior planner. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 8 Q. Senior planner? A. Correct. Q. Are you just an employee, or are you an equity partner? A. An employee. Q. And what does a senior planner do? A. I get this question from my parents all the time. A senior planner I'm assigned projects either -- larger in the private side, some public side. To -- On the private side, to help design the project, determine what can be built there, coordinate with each of the consultants to put together the applicable documents for submittal to local government for the submittal. And then through the process I work with staff and at times make presentations to the deciding boards. Q. Uh-huh. A. On the public side I am asked to sit on the other side of the table to review application projects for the conformance with all applicable regulations. Q. Looking at the private side first -- I don't know if I was capable of writing down all you said as quickly as you said it. What I wrote down was you do design work, you coordinate with consultants. You didn't say this, but it's my words, you process or obtain the permits to take it through the necessary ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com MARTY MINOR June 05, 2013 O'BOYLE -vs-TOWN OF GULF STREAM 9 1 1 steps? 2 A. Through the development approval process. 3 Q. And you work with staff? 4 A. Yes. 5 Q. And when you say staff, if you were not 6 Gulf Stream's consultant -- 7 A. Uh-huh. 8 Q. -- but worked for a private developer who came 9 in here, you would work with Mr. Thrasher and/or 10 Ms. Taylor as being the staff? 11 A. Correct. 12 Q. And for the City of West Palm Beach, I assume 13 they have a bigger department of people who do it 14 full-time, and you go in and work with those folks? 15 A. Correct. 16 Q. That's a fair analogy? 17 A. Yes. 18 Q. And on the public side, who do you represent 19 on the public side? 20 A. Currently Gulf Stream. 21 Q. Okay. And when I say you, I don't mean you. 22 And I apologize for that. 23 A. Okay. 24 Q. I mean Urban Kilday -- 25 A. Urban Design Kilday Studios. ESQUIRE 800.211.DEPO (3376) 9 0 l Y T 1 0 N 9 EsquireSolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 10 Q. Yes. That's what I mean. A. In the past we worked for Palm Beach County, we worked for Ocean Ridge, Delray Beach, a multitude of different local governments. Q. And of that multitude, how many of them do you work for on say June 5, 2013? A. The Town of Gulf Stream. Q. Okay. What happened with Palm Beach County? A. Palm Beach County I believe the firm did work on zoning and site plan details regarding some waste water treatment plans. Q. And? A. And we get those approved through the local process. Q. But what made -- What happened that made your relationship, contract, whatever it was come to an end? A. The approval of the waste water treatment plan or the amendment to the waste water treatment plan. Q. I see. So it was task specific? A. Correct. Q. You performed that task specific, and you finished much like a lawyer might finish a trial for someone? A. Yes. Q. Okay. And when was that? ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 11 1 A. Well, the firm has done several. I've not 2 been involved with the majority of them so I don't know 3 those time frames. 4 The one I assisted with was in Royal Palm 5 Beach and that was done, I'm guessing, two years ago. 6 Q. And was that another sewer? 7 A. Yeah. Waste water treatment plan. It was an 8 amendment to an existing plan. 9 Q. And is that what the firm specializes in? 10 A. We provide general planning and landscaping 11 services for all types of developments, largely private 12 development. 13 Q. So if I wanted to build a cyclotron in my 14 backyard, I would contact you? 15 A. Yes. 16 Q. In Ocean Ridge what did you do? 17 A. I prepared their evaluation and appraisal 18 report and prepared the comprehensive plan amendments 19 that resulted from the evaluation and appraisal report. 20 Q. Are you a licensed appraiser? 21 A. No, I'm not an appraiser. 22 Q. And did I miss it, or did you say you prepared 23 the appraisal? 24 A. The evaluation and appraisal report. It is a 25 state mandated update and review of each town's ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM 1 comprehensive plan. June 05, 2013 12 2 Q. I see. Not evaluation. 3 A. Not evaluation. 4 Q. I see. Okay. And so you prepared that plan, 5 I guess, at the behest of Ocean Ridge? 6 A. Yes. 7 Q. And was that a job sort of like in Palm Beach 8 County where it was task specific and at the end of the 9 completion of the task that that was the end of the -- 10 A. That's correct. 11 Q. Okay. And the result of the fruits of your 12 labor there, can you tell me as if I were your mother 13 how proud you are of... You can finish the sentence. 14 A. You lost me there. You mentioned my mother; I 15 started thinking about my mother. 16 Q. Okay. 17 A. Can you rephrase. 18 Q. You said my mother asks me this all the time. 19 A. Yes, I know. Yes. 20 Q. And what I am asking is the fruits of your -- 21 What actually occurred as a result of your labor? As an 22 example, if I'm a carpenter banging nails, you can see 23 the garage I built as the fruits of the labor. 24 What were the fruits of your labor? 25 A. The state mandated evaluation and appraisal ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 0 13 17 18 19 20 21 22 23 24 25 MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 13 report was reviewed and adopted by the state as an approved document. As a result, comprehensive plan amendments were made, went through the review process in the Town of Ocean Ridge and was adopted. So the comprehensive plan was amended to update their comprehensive plan to address new state laws and changing conditions within the town. Q. Okay. And this was Marty Minor as opposed to someone else at the firm? A. Yes. Q. Okay. And the Palm Beach County and Royal Palm Beach was not Marty Minor, meaning leading the charge? A. Correct. Q. Okay. Delray Beach. Tell me about that. A. So in the past people in my firm had worked with the city to develop design guidelines for the beach property area. Q. And give me an example. I think of sand when I think of the beach. A. There is a neighborhood out on the island in Delray Beach as many single family homes and designed -- We developed, at the city's request, design guidelines, and I think the neighborhood's request too, design guidelines for the review of new homes and amendments to ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 14 1 homes. 2 Q. I see. And was that you or someone else in 3 the firm? 4 A. That was someone else. 5 Q. Okay. And did they adopt all of your 6 recommendations? 7 A. Where? 8 Q. In Delray Beach? 9 A. In Delray Beach? I was not part of that. 10 Q. Okay. So you just don't know? 11 A. I don't know. 12 Q. And that's fair enough. 13 You mentioned after Delray Beach you mentioned 14 multiple other towns. Rather than go through them all, 15 can you just tell me of the multiple other towns the 16 ones that you were -- 17 A. Involved with. I believe that's it that I can 18 remember. 19 Q. Okay. So unless I'm missing, you did -- I 20 don't know that I have it written right, the mandated 21 appraisal and comprehensive plan for Ocean Ridge, and 22 you represent Gulf Stream? 23 A. Correct. 24 Q. What do you do for the rest of the day? 25 A. The rest of my day I work on private ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 15 1 development. 2 Q. I see. And I assume that the private 3 development is it local in Palm Beach or throughout the 4 United States? 5 A. South Florida. Majority in Palm Beach County. 6 Q. Okay. And when you work on these private 7 projects, if I came in to you and said I want to build a 8 hotel on Okeechobee Boulevard, what can you do for me? 9 Or can you give me a proposal, I live in Nebraska, and I 10 don't want to really bother with it; what would you do 11 for me? 12 A. First, we would do a proposal for our 13 services. And our services include due diligence on the 14 property to make sure you can build a hotel there. Or 15 what would be the process to have a hotel built there. 16 We would review all the applicable codes, the 17 comprehensive plan amendments, coordinate or at least 18 inform the developer regarding regulations concerning 19 traffic concurrency, concurrency regarding other 20 municipal services. 21 From that point if the -- you know, the 22 concurrency and the zoning are in place or can be 23 reasonably obtainable, then we go into the design. Work 24 with the architect. We don't design buildings, but we 25 help, you know, where the buildings would go on the ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 16 1 piece of property, help design access points and 2 landscaping. 3 Q. So as to the last few, I have site layout, 4 access points, landscaping; fair enough? 5 A. Yes. 6 Q. Okay. And you would have, I guess, outside 7 consultants that you would work with like a first grade 8 architect, such as Bob Cary (phonetic) as an example, or 9 top engineer, an engineer who is very familiar with the 10 process and so forth? 11 A. Yes. We work -- 12 Q. And would you assemble that team? 13 A. If requested. Other times a landowner will 14 have his team in place or a part of his team in place. 15 Q. Okay. Tell me about your life before 1999. 16 A. What would you like to know? 17 Q. We can start with 1998. 18 A. 1998. I was a principal planner with the City 19 of Palm Beach Gardens. 20 Q. And what does that mean? 21 A. At that time I reviewed applications coming in 22 to the city for development projects, and supervised two 23 or three planners. 24 Q. And when you say supervised two or three 25 planners, I'm going to assume you're a young man. In ESQUIRE 800.211.DEPO (3376) < EsquireSolutions.com 2 3 4 5 6 7 8 M 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 17 1998, it's 15 years ago, you were a very young man. And two or three planners under you, they must have been junior to you? A. Correct. Q. Okay. So I'm going to say three junior planners; would that be fair? A. Correct. Q. Okay. So your role there was akin to Mr. Thrasher's role here? A. No. I'm not a town manager. This was strictly -- And I wasn't the planning director. I was head of the current planning provision. There was a comprehensive plan provision also. Q. The planning director, what was his role? A. Actually, at that time it was a lady. And her role was -- Q. I'm sorry. A. That's okay. -- was to run the department, oversee the operations, you know, including the budgets, human resource issues. And then also working with the town -- the city manager there. Q. Okay. And I assume you? A. Yes. Q. Okay. Did she ever override you? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 18 A. You mean disagree or object to -- What do you mean override? Q. In my shop we may say we're going to put this clause in a contract. And they bring the contract to me, and I say I don't think we should put it in; I'm going to take it out. So essentially the younger person -- I'm an old guy. The younger person would want it in, and I would override him by saying it's not going in. Did that ever happen? A. Oh, yes. Q. And was that a once in a blue moon or -- MR. RANDOLPH: Excuse me. Let me interrupt for a moment and state this in the form of an objection, and ask you, Mr. O'Boyle, how this question and your previous questions are calculated to lead to admissible evidence in this particular case? And I would like to say that for the record, and I don't need to say it because the complaint is part of the record, that this case deals with four counts: One, the Town charged too much for documents provided; two, that it improperly redacted a document; three, that all of the documents requested were not provided; and, four, that the documents were not provided in electronic ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 19 format as you have requested. This witness has come in response to a subpoena today to address the issues -- MS. HANNA: Excuse me. Can you stop? Can you go off the record? MR. RANDOLPH: No. You can't go off the record. MS. HANNA: Yes, you can. MR. RANDOLPH: I'm making an objection. It's a speaking objection that I'm making. MS. HANNA: You -- MR. RANDOLPH: Excuse me. Are you attorney for this, gentleman? MS. HANNA: Yes, I am. MR. RANDOLPH: Then will you file a notice of appearance? MS. HANNA: We're paying per minute -- for words here. You don't need to have -- MR. RANDOLPH: Excuse me. MS. HANNA: You can make an objection, but you don't need to make such a long speaking objection. MR. RANDOLPH: I have the right to do that. MS. HANNA: You don't need to say the complaint. And I'm not going to argue about that. You can make your objection. r ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 20 MR. RANDOLPH: Excuse me. If you are representing Mr. O'Boyle -- MS. HANNA: Please stop typing for a second. We are off the record. MR. RANDOLPH: No. We are not off the record. MS. HANNA: We're off the record. MR. RANDOLPH: We are not off the record. If you are representing Mr. O'Boyle, you should file a notice of appearance. If you are going to -- MS. HANNA: I can make a limited appearance. MR. RANDOLPH: You are going to have to file a notice of appearance. MS. HANNA: Mr. O'Boyle. Will you ask her to stop typing, please? MR. RANDOLPH: She will not stop. MS. HANNA: He has no reason to continue. It's a waste of your money to keep her typing. MR. O'BOYLE: I am inclined to just let him finish. MR. RANDOLPH: So there were four counts. And I indicated that this witness has been subpoenaed in order to address issues related to this particular case. I think -- I have allowed these questions to go on, because I think you're trying to establish ()ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 2 3 4 5 6 7 8 M 13 14 15 16 17 18 19 20 21 22 23 24 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 21 the background of this gentleman, which I think is fair. But then you started getting into questions about whether or not a supervisor has ever overruled him. And then your next question was once in a blue moon or how many times. My question to you in follow up to my objection is how that is calculated to lead to admissible discovery in this particular case? MR. O'BOYLE: I am allowed a great deal of latitude in a deposition. Your record is -- Or your objection is noted for the record. And was there an outstanding question? (The question was read by the reporter.) THE WITNESS: It was part of the overall work operation. It was part -- You draft letters. You draft reports. It gets passed around. It gets marked up. It gets changed. BY MR. O'BOYLE: Q. Okay. Fair enough. Your current position at -- I'm going to call it Urban; is that okay? A. That's fine. Q. You started in '99. We just talked about 198. Were you with the city there before 198? A. Yes. 25 1 May I ask when you started? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 22 1 A. I started there in 19 -- excuse me, 1989. 2 Approximately, to be clear, for nine months I believe in 3 the mid 190s, in 194, 195, I worked for the City of 4 Greenacres. I left Gardens, went to Greenacres for nine 5 months, and then came back to Gardens. 6 Q. Okay. I assume 195 to 198 at Gardens your 7 position was the same? 8 A. No. 9 Q. Okay. Can you tell me what your position was 10 in '95? 11 A. 195 I was a Planner 2. Planner number two. 12 They had Planner 1 and Planner 2. 13 Q. And in the briefest of fashions can you tell 14 me what that means? 15 A. You are a reviewing planner to provide 16 information to the public and to review development 17 projects and assist the principal planners. 18 Q. Okay. And from 189 to 194? 19 A. I was a planning technician. 20 Q. And again in the briefest of fashions can 21 you -- 22 A. Planning technician was the -- sat at the 23 front desk answering questions regarding planning 24 issues, I took minutes at some meetings, and did the 25 initial processing of applications, the distribution of ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 23 1 plans, and then also begin the early stages of review. 2 Q. Is the planning technician in the City of 3 Palm Beach Gardens, is that the low man on the totem 4 pole? 5 A. Pretty much, yes. 6 Q. Okay. 7 A. An entry position. 8 Q. And I assume before '89 you were in high 9 school? 10 A. No. No, I was not. 11 Q. And can you tell me where you were? 12 A. I was working as the editor of a weekly 13 newspaper in Martin County, The Martin County News. 14 Q. And for what period was that? 15 A. Roughly? 16 Q. Roughly. 17 A. For two years. 18 Q. 187 to 189? 19 A. Yes. 20 Q. And this was a local like a weekly, like The 21 Coastal Star or whatever it is here? 22 A. It was a weekly newspaper. 23 Q. Okay. All right. And before that? 24 A. I was a reporter with the Stuart, Florida 25 News. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 24 1 Q. And that was from when to 187? 2 A. That was from 186 through 187. 3 Q. And that was in Stuart as well? 4 A. That's in Stuart too. 5 Q. Was that weekly or daily? 6 A. That's a daily newspaper. 7 Q. Are we ready to get you into college yet? 8 A. You've reached that point. 9 Q. All right. Can you tell me about that? 10 A. I attended college at Ohio University from 11 1981 through 1985. 12 Q. And you've received? 13 A. Bachelor's in Science of journalism. 14 Q. How does one get from journalism to planning 15 cyclotrons in peoples' backyards? 16 A. I am not real sure what a cyclotron is. But 17 as a reporter, I attended a lot of planning board 18 meetings and became interested. Then while I was a 19 planning technician in Palm Beach Gardens, and actually 20 even before then, I took night classes at Florida 21 Atlantic University where I received my master's in 22 Urban and Regional Planning in 1995. 23 Q. So you have a master's in Regional Planning? 24 A. Urban and Regional Planning, yes. 25 Q. So when you worked for the City of ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 25 1 Palm Beach Gardens in 189 to 194 as a planning 2 technician -- 3 A. Planning technician. 4 Q. -- you really had no background? 5 A. No. I was taking classes at the time. I was 6 familiar with the process from my journalism background. 7 And I had writing and research skills that were 8 attractive when they -- I guess, you know, when they 9 hired me. 10 Q. Okay. I may have written it down, and if I 11 ask you again, I apologize, but you came to Gulf Stream 12 at what point? Was it 199 was when you started with 13 Urban? 14 A. With Urban Design, yes. 15 Q. Yeah. And this was right after the City of 16 Palm Beach Gardens? 17 A. Correct. 18 Q. And when did you come to Gulf Stream? 19 A. I started working for the Town in 2005. 20 Q. And before that, you were doing work solely 21 for the private sector? 22 A. Yes. Yeah. That I can remember. 23 Q. Pardon? 24 A. That I can remember. I don't remember -- 25 Q. That's okay. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 26 1 A. -- anyone else. 2 Q. Generally stated. 3 A. Generally stating. 4 Q. Okay. Your relationship with Gulf Stream, how 5 did that come about? 6 A. For the evaluation and appraisal report, the 7 Town sought a proposal. And we provided a proposal, and 8 it was accepted. And we began the process of doing that 9 evaluation and appraisal report. 10 Q. Okay. So these are my words, not yours. Just 11 tell me if I am incorrect. The relationship started 12 with the appraisal and evaluation report? 13 A. The evaluation and appraisal report. 14 Q. All right. You got me on that one. 15 Okay. And that was done, meaning you gained 16 that -- I'm looking for the word. I just can't find it. 17 Excuse me. 18 But you gained that assignment as a result of 19 an RFP? 20 A. I don't know. A member of my firm had already 21 worked with the Town on the design manual. And so I 22 don't know what prompted -- 23 Q. Okay. 24 A. -- for the year. 25 Q. So a member of the firm worked on the design ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 27 manual, which I call the red book. Is that the one you are talking about? A. Yes, Chapter 70. Q. Okay. Before the evaluation and the appraisal? A. Correct. Q. Okay. And I guess that person when they were given the assignment, they said Marty Minor is the guy to handle it; is that -- A. For the evaluation and appraisal report? Q. Appraisal report, yes. A. Yeah, it was assigned to me. Q. Okay. Now, in Ocean Ridge it sounded like the function or the assignment was identical? A. Correct. Q. And in Ocean Ridge when the assignment was completed, that was the end? A. Correct. Q. In Gulf Stream, that's not what happened? A. We continued to provide services. Q. Okay. And what services did you continue to provide? A. We provided the study regarding the annexation area. Q. That was just recently though, wasn't it? C)ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 28 A. That was -- Yes. And the state mandated report for that. There wasn't -- Your process took several years. And then there was a comprehensive plan amendment to complete that process. Q. I have somewhere, and I don't know if I'll find it quick enough, but agendas from the meetings. I think it's called the ARPB meeting and the commission meeting. And there they have on their agendas projects for approval of sorts, whether it be a new or remodel or whatever the case is. At what point did you get involved in those projects? A. At the request of the town manager. Q. At what point? A. At what point? I don't remember when that started. Sometimes it's just a simple question, and I'm not involved. Other things where it's a full review. But when that started, I couldn't tell you. I'm sorry. Q. Okay. well, I don't know either. But I've been around now for about six months. And it seems to me for at least the six months you're fully engaged. MR. RANDOLPH: Object to the form of the question. MR. O'BOYLE: Pardon? MR. RANDOLPH: Object to the form of the '� �"' L'+ Li SQUIR800.211.DEPO (3376) :i I I EsquireSolutions. com MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 29 1 1 question. 2 1 BY MR. O'BOYLE: 3 Q. You may answer. 4 A. What is the question? 5 Q. I said I've been around for about six months, 6 and it essentially seems that you have been fully 7 engaged in the process of the projects as shown on the 8 agendas. 9 MR. RANDOLPH: The objection is based on the 10 term "fully engaged". I don't know what that 11 means. 12 BY MR. O'BOYLE: 13 Q. You have been engaged? 14 A. Just those projects that was specifically 15 requested to review, not all projects am I involved. 16 Q. Okay. Tell me what project that you can 17 remember of late where you were let's say heavily 18 involved, let's say involved other than at a minor 19 level, at a high level? 20 MR. RANDOLPH: Excuse me, but I'd like to 21 state my objection. And I would like to base it on 22 the fact that this question is not reasonably 23 calculated to lead to admissible evidence. 24 And I would like you to define for us how this 25 might lead to admissible evidence in this case. ESQUIRE 800.211.DEPO (3376) 11 EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 30 1 MR. O'BOYLE: Again, I am allowed a broad 2 latitude in a deposition. You have made your 3 objection for the record. 4 And now if the witness -- 5 MR. RANDOLPH: I would like an answer to that. 6 Because at some point we may have to go before the 7 Court in regard to this deposition, and I would 8 like you to give a reason how this question leads 9 to -- is reasonably calculated to lead to 10 admissible evidence in this limited public records 11 case. 12 MR. O'BOYLE: It will provide -- Well, first 13 of all, I don't know everything it will provide. 14 MR. RANDOLPH: Just for the record, let it be 15 noted that the person in attendance here who is a 16 lawyer who has not filed a notice of appearance in 17 this case is passing notes to the client. 18 MS. HANNA: Also for the record, let it be 19 noted that the person in attendance can enter a 20 limited appearance, and I have done so. 21 And also for the record, let it be noted that 22 Mr. Randolph has a questionable authority to enter 23 appearance for Mr. Minor as Mr. Minor is a 24 consultant and a nonparty in this proceeding. 25 MR. RANDOLPH: For the record -- ESQUIRE 800.211.DEPO (3376) 0 nJ . EsquireSolutions.com 2 3 4 5 6 7 8 9 13 17 18 19 20 21 22 23 24 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 31 MS. HANNA: And Mr. Randolph is representing the Town and not Mr. Minor. MR. RANDOLPH: And she is absolutely correct. I represent the Town and not Mr. Minor. And I'm not giving any directions to Mr. Minor in regard to what he should or should not do in this deposition. I'm representing the Town and making my objections on behalf of the Town. MR. O'BOYLE: In response to your inquiry, are you instructing the witness not to answer? MR. RANDOLPH: No. Did you hear me instruct the witness not to answer? MR. O'BOYLE: No, I certainly didn't. BY MR. O'BOYLE: Q. Then would you kindly respond? MR. RANDOLPH: No. But I asked you if you could advise us as to how your questions are reasonably calculated to the lead to admissible evidence in this case. MR. O'BOYLE: I'd like to continue on. I think it will become obvious with the passing of time. MR. RANDOLPH: So you refuse to answer that question? 25 I MR. O'BOYLE: I think I have. 4)ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 32 BY MR. O'BOYLE: Q. Would you kindly answer the question? A. One of the projects was the Spence property subdivision. Q. And you would -- This is in the form of a question: You would call that sort of a full-blown review by you? A. Correct. Q. Okay. Now, there was also a review of 23 North Hidden Harbour Drive; would you call that a full-blown review by you? MR. RANDOLPH: Excuse me. I'm going to continue my objections relating to whether these questions are reasonably calculated to lead to admissible evidence in this case. And I will state that objection for every question that I do not feel is leading to admissible evidence. And I would like you to explain for the record how these questions are calculated to lead to admissible evidence in this public records case. MR. O'BOYLE: I have. BY MR. O'BOYLE: Q. Would you answer the question? MR. RANDOLPH: You have not answered it. You have stated that you've refused to answer it. Ir ES DIRE 800.211.DEPO (3376) 11 1 11 1 1 1 EsquireSolutions.com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 33 1 You refuse to answer this one also? 2 MR. O'BOYLE: That's what you say. 3 BY MR. O'BOYLE: 4 Q. Would you kindly answer the question. 5 MR. RANDOLPH: When you say that's what I say, 6 show me on the record where you have answered how 7 this is reasonably calculated to lead to admissible 6 evidence in this case. 9 MR. O'BOYLE: I said with the passing of time 10 I think the mosaic will become clear. 11 MR. RANDOLPH: Well, that's not an answer. 12 MR. O'BOYLE: Are you instructing him not to 13 answer? 14 MR. RANDOLPH: I'm not instructing him not to 15 answer. 16 BY MR. O'BOYLE: 17 Q. Then would you answer the question, sir? 16 A. I reviewed the materials that were provided to 19 me. 20 Q. Okay. But would you call the Spence 21 subdivision, we between us said it was a full-blown 22 review, 23 Hidden Harbour -- 23 A. It was a review. It was a full review. 24 Q. Full review. Okay. 25 There was another property - and I may have ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 34 1 the name wrong; I hope not - I think the MacDonald 2 property? Mr. Wietsma, Wiesma (phonetic) was the 3 architect. 4 A. Correct. 5 Q. What was your review on that? 6 A. I reviewed that also. 7 Q. Okay. And am I correct it is MacDonald 8 property? 9 A. Correct. 10 Q. And that we would put in the same category as 11 the others, a full review or full-blown review? 12 A. It was a full review. 13 Q. Fair enough. 14 (Plaintiff's Exhibit Number 3 was marked for 15 identification.) 16 BY MR. O'BOYLE: 17 Q. Mr. Minor, I'm going to show you what is 18 Plaintiff's Exhibit 3 and ask you to take a look at 19 that. 20 A. Okay. Is this the same that was provided in 21 the complaint? 22 Q. I'm virtually certain it was, but I will 23 double check to make sure. Yes. 24 You have seen it? 25 A. I have seen it. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 35 1 Q. And you have reviewed it? 2 A. I've reviewed this. 3 e-mails. (Plaintiff's Exhibit Number 4 was marked for 4 identification.) one page and sort of ends a little bit on the 5 BY MR. O'BOYLE: Is that the only page? 6 Q. I'm now going to hand you Plaintiff's 7 Exhibit 4. And I'm going to ask that perhaps you share 8 with Mr. Randolph. And I'm going to ask you if you've 9 ever seen that? 10 A. Yes. 11 Q. And where did you see it for the first time? 12 A. On my computer. 13 Q. Okay. There are two e-mails on there, 14 1 correct? 15 A. Correct. 16 Q. And sometimes with me I'll have eight pages of 17 e-mails. They just keep growing one after another. 18 This is one page and sort of ends a little bit on the 19 abrupt side. Is that the only page? 20 A. The only page of what? 21 Q. Of the e-mails. In other words, sometimes 22 you'll have, Dear Marty, would you be there Friday? 23 Yes, Fred, I will be. 24 Marty, would you bring your bow and arrow? 25 Yes, Fred. And I will bring my paperclips. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 36 Whatever. And they just keep going. You've seen that I'm sure. A. Yes. Q. Is that the entire enchilada or is that -- A. I believe so without -- I believe so. Q. Okay. If it's not, it would be in this package; am I correct? A. That's correct. Q. And that document, am I correct, could have been furnished electronically? A. It was sent to me electronically. It was sent back electronically. And it should be on your disk. Q. Right. But I mean you sent it electronically; it was sent back electronically. Or it was sent to you electronically, and it was sent back electronically, correct? A. Correct. Q. So the document could have been given electronically? A. You know, I don't give or -- Are you asking if I could give it electronically? Because I've provided that. Q. No, no. What I'm asking is -- And I'll ask you a different way. These are two e-mails, correct? r-) ESQUIRE 800.211.DEPO (3376) 11 Esquire Solutions. com MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 37 1 A. Correct. 2 Q. An e-mail means electronic mail? 3 A. Yes. 4 Q. Okay. Could you tell me any reason that you 5 can think of as you sit here today that this document 6 could not have been sent to another party 7 electronically? 8 A. I don't know of any reason. 9 Q. Okay. You can't think of any? 10 A. I'm not aware of all the circumstances 11 regarding equipment. But when I sent this, it could 12 have been forwarded to someone else. 13 Q. Oh, that's right. But you've now peaked my 14 interest when you say you're not familiar with 15 equipment. What would equipment have to do with it? 16 A. Well, the server, the computer system. 17 Q. Would not be able to forward an e-mail? 18 A. I don't know. 19 Q. Have you ever seen a computer system that 20 would not forward an e-mail? 21 A. I guess if you're going to ask me about an old 22 question before e-mail. 23 Q. Around the date of this? 24 A. No. No. No. No. No. 25 Q. Okay. That's fine. I thank you very much. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 38 what is the process for what I'm going to call a full-blown -- We talked about three projects, you and I: The Spence property subdivision; 23 North Hidden Harbour Drive, and the MacDonald property. How do we start? MR. RANDOLPH: Excuse me. Objection on the basis that I don't believe this question is reasonably calculated to lead to admissible evidence in this particular case. BY MR. O'BOYLE: Q. You may answer. MR. RANDOLPH: And I'm wondering if you can explain to us how it is reasonably calculated to lead to admissible evidence, Mr. O'Boyle? MR. O'BOYLE: I've already answered the question. BY MR. O'BOYLE: Q. You may answer. A. The request is made of me from the Town to review. Q. Let me -- I want to take this part slow. And you're a little faster than me. Please, excuse me. Okay. So I'm just going to say here the start of the process. So you say the request is made of you from the Town? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 39 1 A. Correct. 2 Q. Okay. And the Town being Mr. Randolph; the 3 Town being Mr. Thrasher; the Town being the mayor? The 4 Town being -- 5 A. Mr. Thrasher. 6 Q. So request to Mr. Minor from Mr. Thrasher. 7 Okay. And how does that request come to you? 8 A. Usually by phone call. 9 Q. And I guess maybe I am a guy of habit, 10 although I'm sure some people take exception to that. 11 In an institution such as a government usually 12 things are done consistently. When you say usually by 13 phone call, that sort of raises my antenna. 14 What would make a phone call -- In other 15 words, what would start the process with a phone call as 16 opposed to what would start the process with other than 17 a phone call? 18 A. I'm not instigating that so I don't know what 19 would prompt that. 20 Q. Okay. So tell me about the phone call. 21 A. Mr. Thrasher would ask me -- We have this 22 application has come in; we'll send over the plans. 23 Could you take a look at it, and review it. 24 Q. So application and plans sent to -- I'm going 25 to call you M.M. It is easier to write down. Is that a ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 40 fair analysis -- A. Yes. Q. -- fair statement? So the process thus far is the request to Mr. Minor from Mr. Thrasher usually by phone. And then application and floor -- I'm sorry, and plans sent to Marty Minor by Mr. Thrasher; fair enough? A. Yes. Q. And how are they sent? A. Sometimes electronically; sometimes paper. Q. And would that be because you requested them electronically or requested them in paper? A. Not necessarily. It would be what's available or what's the easiest, you know, to bring about. If they have an electronic version, it may be easier. Otherwise maybe not everything is electronically available so they send the paper version. Q. But isn't everything electronically available when you get it? A. I don't -- What do you mean? Q. Well, from what I've seen -- And I don't know that I've seen everything that's why I asked the question. I have seen eight -and -a -half by eleven, which certainly that machine will scan it and e-mail it. I've seen eight -and -a -half by fourteen, which certainly that ()ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 !7 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 41 machine will scan it and e-mail it. And I've seen eleven by seventeen. And although I've never seen one of those pieces of paper being copied, I believe that that machine will scan it and e-mail it. And I have not seen, and I've looked at several files, but I've not seen twenty-four by thirty-six plans that were not available on eleven by seventeen. And then of, course, we all know you probably have a plotter in your office. A. We do have a plotter in our office, yes. But what is your question? Q. My question is you said -- I think you said whatever is more convenient, paper - and I don't want to put words in your mouth. If I'm incorrect, please correct me - paper or electronic, whatever is more convenient. And what I'm saying is -- Or whatever is available I think you said. Isn't everything that's being sent to you available electronically? A. If it was provided to the Town. Like the twenty-four by thirty-six sometimes we receive those directly from the architect. Q. Right. But not from the Town? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 42 1 A. Not from the Town. 2 Q. Right. I'm talking about solely from the 3 Town. 4 A. From the Town sometimes they will make that 5 request to the engineer, applicant, or send the paper 6 plans that they received as part of the application 7 process. 8 Q. But from the Town you said sometimes paper, 9 sometimes electronically? 10 A. Correct. 11 Q. Okay. What is being sent to you in paper 12 could be sent to you electronically? 13 MR. RANDOLPH: Object to the form of the 14 question. 15 You can answer. 16 THE WITNESS: You mean is it possible or -- I 17 know both -- The documents reside in both forms, 18 paper and electronic. 19 BY MR. O'BOYLE: 20 Q. I'm sorry. I didn't catch that. Both 21 documents -- 22 A. The documents exist both in paper and 23 electronics. 24 Q. Okay. 25 A. What again is your question? I'm sorry. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com Im 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM What -- June 05, 2013 43 Q. My question is this, if I were sending documents to you -- A. Yes. Q. -- I wouldn't even consider sending them in paper unless there was a reason that I had to send them in paper. As an example, twenty-four by thirty-six paper I don't think that our plotter could scan them. Maybe they can, and I don't know about it. But anything eleven by seventeen or smaller I would scan it, and I would e-mail it to you and have it in ten minutes, rather than print it - which probably takes longer than scanning it - fold it, put it in an envelope, put it on a postage meter, put postage on it, bring it to the post office. I can't imagine that I would do that. And that's what I was asking you. Why would you get it in paper? A. I don't know. Q. Okay. A. It's sent to me. Q. Okay. So sometimes you get it in paper; sometimes not. It's almost like a wheel of fortune. MR. RANDOLPH: Object to the form of the question. THE WITNESS: Either document works for the ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 44 1 review process. 2 BY MR. O'BOYLE: 3 Q. Right. But which one you get, there is no 4 rationale or no reason why you would get it in paper 5 versus electronic or electronic versus paper? 6 A. I don't have a preference. I don't know, you 7 know, what would be the reason sent one way or the 8 other. I don't send them. 9 Q. Speed? 10 A. I don't -- I don't know. You'd have to ask 11 the people who send those things. 12 Q. I'd have to ask them whether electronically is 13 faster or slower than mail? 14 A. You would have to -- You will ask them what 15 you want to ask them. I'm sure you will. 16 Q. But I'm asking you. 17 A. You're asking me to -- Are you asking me to 18 speculate why they would do something? 19 Q. No. I think what I'm asking you is can you 20 agree with me sending it electronically is more 21 efficient, more cost efficient and more expeditious than 22 sending it in mail? 23 A. Yes, it is faster. 24 Q. Okay. That's fine. 25 By the way, the Town of Gulf Stream Land ESQUIREIr 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 45 1 Development Regulations, you were very proud one day 2 when I saw you here. And you said -- I think Bob Cary 3 was saying that he won, I don't know, a bunch of awards. 4 And you had mentioned that this book won an award. Can 5 you tell me what award it won? 6 A. It won from the American Society of Landscape 7 Architects. I don't know the specific name of the 8 award, but that was the entity that did that. 9 Q. Okay. And then, of course, this book we can 10 agree goes far, far, far beyond landscaping? 11 A. Yes. It incorporates all aspects for land 12 regulation. 13 Q. Okay. You have received now the documents, 14 going through the sequence again. There is a request 15 from Mr. Thrasher to you. The request was usually made 16 by phone. He would send to you the application and 17 plans sometimes electronically, sometimes in paper. 18 A. Yes. 19 Q. Then what happens? 20 A. Then I would begin my review. 21 Q. And what would you review? 22 A. The review would be to look at -- review the 23 materials provided. 24 Q. Let me stop you there. Is there a standard 25 for what materials are provided? ESQUIRE 800.211.DEPO (3376) EsquireSolufions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 46 1 A. What do you mean by standard? 2 Q. I'm just trying to think of the best way I 3 could articulate it. As an example, in order for me to 4 review a mortgage file, I want to review the mortgage, 5 the note, the assignment of leases and rents, the loan 6 agreement, the security agreement, all of -- There is a 7 standard. We list the documents that are relevant and 8 necessary for the review. Because at least in my 9 business when you make a review, if you miss something, 10 it could be a very serious miss. So you look at 11 everything essentially. 12 Do you look at everything? 13 A. I try to. 14 Q. Well, what is sent to you? 15 A. What is usually the development plans. 16 Q. Just the development plans? 17 A. The application, things -- Depending on the 18 level of review depends on what materials are sent to 19 me. 20 Q. We started with those three properties, and we 21 agreed that they were a full-blown level of review. I 22 forgot the exact term, but essentially. 23 So you would get the development plans? 24 A. Uh-huh. 25 Q. You would get an application? ESQUIRE 800.211.DEPO (3376) Esquire Sol utions. co m MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 47 1 A. Correct. 2 Q. And what else would you get? 3 A. Usually letters of confirmation of municipal 4 services, drainage reports. 5 Q. Let me just stop you for a second. You say 6 letters of municipal services. Availability of the 7 municipal services? 8 A. Correct. That's for the subdivisions. 9 MR. RANDOLPH: Excuse me. I'm going to state 10 the same objection that I've stated in the past in 11 that I don't believe these questions that are being 12 raised are reasonably calculated to lead to 13 admissible evidence in this case. 14 I believe that, Mr. O'Boyle, you are on a 15 fishing expedition here. The documents that you 16 requested in your request to produce were all 17 communications published or written by Mr. Thrasher 18 and Mr. O'Boyle -- 19 THE WITNESS: Mr. Minor. 20 MR. RANDOLPH: Excuse me. 21 -- Mr. Minor relating to Agenda 1, which was 22 3211 North Ocean Boulevard, Gulf Stream, Florida. 23 I feel that you are going way beyond the issues 24 raised in this lawsuit. 25 You have been asking some questions recently ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 48 1 about how items are sent. I think those are all 2 legitimate questions. 3 But in regard to the questions that you're 4 asking now about what his review process is, I 5 don't believe that those are reasonably calculated 6 to lead to admissible evidence in this case unless 7 you can explain to me how they are. 8 And if your answer is the same as before and 9 you just refuse to answer except to say that it 10 will become clear as time goes by, I don't find 11 that an acceptable answer to my objection. 12 MR. O'BOYLE: Well, Mr. Randolph, I'm sorry 13 that I can't appease you with what you deem to be 14 acceptable and not acceptable. 15 BY MR. O'BOYLE: 16 Q. You can answer the question. 17 MR. RANDOLPH: Let me just state that I am 18 going to continue to raise that objection as long 19 as you continue on a fishing expedition and as long 20 as you cannot explain how this line of questioning 21 is reasonably calculated to lead to admissible 22 evidence in this case. 23 And if you continue on a fishing expedition, 24 we will continue this deposition to another date 25 until we have the Court rule on it. ESQUIRE 800.211.DEPO (3376) EsquireSol utions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 49 1 But go ahead. 2 THE WITNESS: What was the question again? 3 (A recess was had from 10:28 until 10:39 a.m.) 4 (The question and answer were read by the 5 reporter.) 6 (Plaintiff's Exhibit Number 5 was marked for 7 identification.) 8 BY MR. O'BOYLE: 9 Q. Mr. Minor, I just handed to what is Exhibit S. 10 Have you ever seen that before? 11 A. This is the e-mail I sent to Mr. Thrasher. 12 Q. And is that the entire chain of e-mails? 13 We went through, and I said sometimes there 14 are eight pages: Bring your fishing rod; I'll bring the 15 bait and so on and so forth? 16 A. No. 17 Q. No? 18 A. No. 19 Q. There is more than what's there? 20 A. You showed that to me earlier during this 21 1 deposition. 22 Q. I've never showed that to you earlier. 23 A. You showed the previous e-mail. 24 MR. RANDOLPH: What exhibit? 25 THE WITNESS: Exhibit 4. ESQUIRE 800.211.DEPO (3376) . EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 50 BY MR. O'BOYLE: Q. I see. So Exhibit 4 and Exhibit 5 are the same? A. They are different. But this is the initial and the response to the e-mail. Exhibit 5 is the response. Q. Okay. Now, I use a lot of e-mail, and I assume that you do as well. Would that be a correct statement? A. That is correct. Q. Okay. How could that be? A. How could what be? Q. How could these two be the same but different? A. I don't know. Q. Can you -- Based upon all of your experience and technology, can you -- A. Speculate? Q. -- give me a sense of how you -- A. I have no idea. Q. You have no idea? A. I have no idea. I was not -- I sent the e-mail, and that was my -- Q. But you sent the e-mail in response to an e-mail, did you not? A. That is correct. ESQUIRE 800.211.DEPO (3376) I EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 51 1 Q. In response to what e-mail? 2 A. To the March 27th e-mail. 3 Q. And that's the e-mail on the bottom of the 4 page of Exhibit 4? 5 A. Yes. 6 Q. Okay. And on Exhibit 5, did the e-mail fairy 7 take it off? 8 MR. RANDOLPH: 9 question. 10 THE WITNESS: Object to the form of the I don't believe in the e-mail 11 fairy. I'm sorry. 12 BY MR. O'BOYLE: 13 Q. Okay. Well, if the e-mail fairy didn't take 14 it off, who did? 15 A. I have no idea. 16 Q. But you agree somebody took it off, don't you? 17 A. This -- As I said before, this shows just the 18 1 response. 19 Q. Right. But if it's on Four, it must be on 20 Five unless someone took it off; can we agree with that? 21 A. I guess. 22 Q. Well, don't guess. 23 A. I mean it depends on whether you wanted to see 24 the response or the question in response. 25 Q. Well, it doesn't make any difference. The ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 52 1 question I asked is unless somebody took it off. If I 2 only wanted to see this, they could certainly take that 3 off? 4 MR. RANDOLPH: Object to the form. I believe 5 you are asking him to speculate now. He's 6 indicated that he did not know how this happened. 7 THE WITNESS: I don't know. 8 BY MR. O'BOYLE: 9 Q. But in Exhibit 4 there was an e-mail from 10 Mr. Thrasher; is that correct? 11 A. Correct. 12 Q. And a response from you, Mr. Minor? 13 A. Correct. 14 Q. And on Exhibit 5 was the identical response 15 from you, Mr. Minor, as in Exhibit 4, correct? 16 A. Correct. 17 Q. And Exhibit 5 there was nothing from 18 Mr. Thrasher. But on Exhibit 4, in the very same 19 e-mail, where your responses are identical in Exhibit 4 20 and 5, Mr. Thrasher has an e-mail in Exhibit 4, but it 21 is totally blank in Exhibit 5. We can agree with that, 22 can't we? 23 A. Yes. 24 Q. Okay. Would you think that that was -- that 25 1 Mr. Thrasher or someone in his office doctored ESQUIRE 800.211.DEPO (3376) < < EsquireSolutions.com 1M 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM Exhibit 5? June 05, 2013 53 A. I have no idea. Q. Okay. What would you define as doctored? If I said this check was doctored or that contract was doctored, what would come to your mind? A. If your example of the check, someone adding a couple zeros to a check is doctoring a check or changing who it was made out to. Q. Or eliminating a couple zeros would be doctoring a check? A. Yes. Q. Or changing the date from March 29th to March 2nd would be doctoring a check by eliminating the nine, correct? A. Correct. Q. Okay. Can you look at this, and when I say look at this, I'm talking about Exhibit 5, does it look like it's been doctored? A. It looks like just my response was provided. Q. Okay. Does it look like it was doctored? A. I answered that question. Q. Well, I am asking you again, does it look like it was doctored? MR. RANDOLPH: Excuse me. I do object. He states he has answered the question to the best of A ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 54 1 his ability, and I want that objection on the 2 record. 3 MR. O'BOYLE: Would you read the question 4 back, please? 5 (The question was read by the reporter.) 6 THE WITNESS: It just shows the response and 7 not the question. It doesn't -- That's what 8 Exhibit 5 shows. My wording has not been modified 9 or changed. 10 MR. O'BOYLE: Okay. Would you read the 11 question back again, please? 12 (The question was read by the reporter.) 13 THE WITNESS: Are you asking me is it to be 14 modified, has it been modified, is it different? I 15 think "doctored" is a loaded question, loaded word. 16 BY MR. O'BOYLE: 17 Q. Well, we went through the definition of 18 doctored and you seemed to be reasonably adroit in your 19 answer. 20 MR. O'BOYLE: So, young lady, if you can read 21 the question again. 22 (The question was read by the reporter.) 23 THE WITNESS: It is different. It does not 24 contain Mr. Thrasher's e-mail. Exhibit 5 only 25 contains my response. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 a 13 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM BY MR. O'BOYLE: June 05, 2013 55 Q. Mr. Minor, yes or no, does it look like it was doctored? MR. RANDOLPH: Excuse me. Objection. I believe you're badgering the witness. The witness has answered the question to the best of his ability. I would ask that you move on. BY MR. O'BOYLE: Q. You may answer. A. I've answered the question, sir. Q. You may answer. A. The question -- The response, my e-mail response is on Exhibit 5. Mr. Thrasher's e-mail that's on Exhibit 4 is not on Exhibit 5. Q. Does the lower half of Exhibit 5 look like it has been doctored, yes or no? A. I don't know what -- MR. RANDOLPH: Same objection. THE WITNESS: I'm not -- What do you mean looks? What -- what -- No, I don't know. BY MR. O'BOYLE: Q. Well, we talked about a check dated March 29th. If someone were to erase the nine and you can see it was fuzzy there and there may have been ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 56 something -- A. Is this partial line is what you're referring to? Q. I'm asking you. MR. RANDOLPH: Objection. He answered the question. I believe you're at the point of badgering the witness. You're asking him to agree to your term in regard to this exhibit. He has answered the question. BY MR. O'BOYLE: Q. Do you have another term besides doctored you would like to use, Mr. Minor? A. I have answered the question regarding Exhibit 5 shows my response in an e-mail. Exhibit 4 shows the inquiry and my response. Q. Okay. That's not the question I asked you. Would you like for the court reporter to read it back? A. No. I'm sure you can ask me again. Q. Okay. I will ask you again then. But before I do, if you'd like to use a term other than doctored which would help you to answer the question instead of avoid the question -- MR. RANDOLPH: Object to the form of the question. He's not avoided the question. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM 1 1 BY MR. O'BOYLE: June 05, 2013 57 2 Q. -- I'm agreeable to that. 3 16 But my question is does this appear to you to 4 have been doctored? 5 A. This appears -- You're also speculating. This 6 shows my response to the e-mail question. It does not 7 show Mr. Thrasher's e-mail. It only shows my response. 8 Q. Okay. Does Exhibit 5 appear to have been 9 altered? 10 A. As being different from Exhibit 4? I have 11 told you several times now how Four and Five are 12 different. One, Exhibit 5 contains the response; 13 Exhibit 4 the inquiry and the response. That's the 14 1 difference. 15 My wording in the e-mail is the same on 16 Exhibit 4 and Exhibit S. 17 Q. And if I would have asked you that, that would 18 be a wonderful answer. But that's not the question I 19 asked you. 20 MR. RANDOLPH: Excuse me. Let me try to 21 expedite this a bit -- 22 MR. O'BOYLE: Sure. 23 MR. RANDOLPH: -- by giving you a stipulation. 24 The Town will stipulate to the fact that it deleted 25 from Exhibit 5 the information that appeared on the ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 58 1 bottom of Exhibit 4. And the reason it was done is 2 because the Town did not feel that the e-mail at 3 the bottom of Exhibit 4 was responsive to the 4 public records request. 5 That's a stipulation. And that is a full 6 explanation of what happened in regard to those two 7 exhibits. It is clear that there is a bar at the 8 bottom, just as you've stated in your complaint, 9 that shows there was something at the bottom that 10 had been deleted. The Town admits that it did 11 delete that. It deleted it because it did not feel 12 it was responsive to your public records request. 13 And if you continue on this question and 14 continue to badger this witness in regard to your 15 words "doctored", now you've asked "altered". 16 Yes, we'll stipulate it has been altered by 17 virtue of the e-mail at the bottom of Exhibit 4 18 having been deleted by the Town. 19 MR. O'BOYLE: Mr. Randolph, you're not here to 20 testify. If you want to stipulate that it's been 21 altered and leave it at that, that's fine. If you 22 want to come up with excuses and reasons and so 23 forth for the Town, we should put you under oath 24 and you can testify. 25 MR. RANDOLPH: Excuse me. The stipulation is ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 59 1 as I stated it on the record. 2 MR. O'BOYLE: That's unacceptable. 3 MR. RANDOLPH: That's unacceptable to you? 4 MR. O'BOYLE: Yes. Yes. 5 MR. RANDOLPH: We'll see -- You know, he's 6 answered the question. If you feel that you want 7 to take that question up with the Court, let's mark 8 this spot on the deposition, and Mr. O'Boyle can 9 certainly do that. 10 MR. O'BOYLE: Are you instructing him -- 11 MR. RANDOLPH: I'm not instructing the witness 12 not to answer. But the witness has said several 13 times that he has answered your question. 14 BY MR. O'BOYLE: 15 Q. Back to Exhibit 5. You see at the very bottom 16 underneath the word studios there is a line. Do you see 17 that? 18 A. Yes, I do. 19 Q. Okay. And if we look at Exhibit 4, we see 20 under the word studios there is a line, correct? 21 A. Correct. 22 Q. Okay. And if we look at Exhibit 4, the 23 spacing between the word studios, the bottom word, and 24 the line is greater than in Exhibit 5 between the word 25 studios and the line; can we agree with that? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 60 1 A. Yes. But I think you're talking two different 2 lines. 3 Q. Well, show me how I'm talking about two 4 different lines. 5 A. This is a faint line. 6 MR. RANDOLPH: And say what exhibit you're 7 pointing to. 8 THE WITNESS: Thank you. On Exhibit 5 there 9 is a faint, you know, intermittent line. On 10 Exhibit 4 there is a solid line. But there is a 11 difference. 12 BY MR. O'BOYLE: 13 Q. Right. And the solid line on Exhibit 4 -- Let 14 me say it differently. 15 The solid line -- Or the line on Exhibit 5 16 stops at the word "H" in graphics. And the solid line 17 in Exhibit 4 goes far beyond the word graphics; is that 18 correct? 19 A. Correct. 20 Q. Okay. So that tells you something is 21 different, or did you use two different types of 22 stationery? 23 A. No. 24 Q. The same? 25 A. It's the same. Yes. It's the response. This ESQUIRE 800.211.DEPO (3376) 5 0 t U. t 0 N 9 EsquireSolutions.com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 61 1 line on Exhibit 4 differentiates between the two e-mails 2 being sent. 3 Q. Okay. And this one had an e-mail being sent 4 that is no longer there, correct? 5 A. That is my understanding, yes. 6 Q. Okay. And that line is gone, correct? 7 A. That's correct. 8 Q. Okay. Can you think of any way that that line 9 left the paper? 10 A. I would be speculating. 11 Q. Okay. If we took a piece of paper, and I'm 12 putting on Exhibit 5 on the thin line underneath studios 13 that goes to the "H" in graphics, if we put a piece of 14 paper there to hide the rest of the e-mail and then 15 copied it, might it show up something like Exhibit 5 16 with a thin line instead of a thick line, with a short 17 line instead of a long line, with a crooked line instead 18 of the straight line, with a greater distance between 19 studios in the line? 20 A. Possibly. 21 Q. Just possibly? 22 A. You could also cut it. You could -- 23 Q. Okay. I agree with you, we can cut it. And I 24 think they all fit within the word altered. And I thank 25 you very much for that. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 62 1 Back to where we were. The process there 2 would be a request to you from Mr. Thrasher usually by 3 phone. He would send you the application and the plans 4 sometimes electronically, sometimes in paper. You would 5 begin the review. You would review the materials 6 provided, which would include development plans, the 7 application, letters of available municipal services. 8 Are the letters of available municipal 9 services, are they a requirement? 10 A. They're a requirement to address concurrency 11 standards. 12 Q. Okay. And you will have to educate me, 13 because I don't know what that means. 14 A. Before additional units can be developed, the 15 applicant has to provide evidence that there is 16 sufficient municipal services: Water, sewer, traffic, 17 garbage, generally all municipal services. That there 18 is sufficient capacity to serve these new homes. 19 Q. Okay. So that is a condition precedent? 20 A. You have to educate me on that. 21 MR. RANDOLPH: Object to form. To what? 22 BY MR. O'BOYLE: 23 Q. Meaning those letters of available municipal 24 services, they're a must have? 25 MR. RANDOLPH: For what? Excuse me. Object ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 63 to the form of the question. THE WITNESS: For development applications that provide additional dwelling units. BY MR. O'BOYLE: Q. Okay. So now we are reviewing the materials provided, which are the development plans, the applications and the letters. What else are you reviewing? A. I'm also reviewing the Town's code of ordinances, the zoning map, comprehensive plan and future land use map. Q. Okay. You're going a little too fast for me. Town code. A. Okay. Q. Can you -- A. Town code. The zoning map. The comprehensive plan, and the future land use map. Q. Okay. And I'm assuming, correct me if I'm wrong, that the town code, the zoning map, the comprehensive plan and the future land use plan - if I said them right, if I got them wrong, please excuse me - but that they are documents that would not be sent to you because you have them in your office; is that correct? A. That's correct. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 64 1 Q. All right. Okay. So now that would complete 2 your review, those items, correct? 3 A. Unless there was insufficient information 4 provided by the applicant to make the -- to complete my 5 review, and then I would request that additional 6 information. 7 Q. Okay. So I'm going to write additional 8 information where initial submission deficient; fair 9 enough? 10 A. Yes. 11 Q. Okay. So now we have gone through this 12 extensive review. Then what happens? 13 A. Then I would write a report to Mr. Thrasher 14 outlining the request and any issues that may have 15 arisen from the request. 16 Q. Just to digress for a moment. We'll get back 17 to that. I'll continue to look while we are talking. 18 Mr. Randolph is your attorney? 19 MR. RANDOLPH: No. I'm the Town's attorney. 20 THE WITNESS: He's the Town's attorney. 21 BY MR. O'BOYLE: 22 Q. He's not representing you here today? 23 A. No. He's representing the Town. 24 Q. Have you had any discussions with 25 Mr. Randolph? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 2 3 4 5 6 7 8 M 13 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 65 A. We had, yes, a discussion regarding the format. This is my first deposition. He instructed me on what to expect. Q. Uh-huh. And tell me what he expected you to expect? A. To answer the questions. To tell the truth. To respond to only the questions asked. Q. Uh-huh. (Plaintiff's Exhibit Numbers 6 & 7 were marked for identification.) MR. RANDOLPH: Could we identify what's been marked? MR. O'BOYLE: Yes. This is Plaintiff's Exhibit 7. MR. RANDOLPH: This being an e-mail from John Randolph to Martin O'Boyle dated May 15th at 3:45 p.m. BY MR. O'BOYLE: Q. Mr. Minor, have you ever seen Exhibit 7? A. I'm not sure I had. I'm not sure I had. Q. Could you read into the record just the first e-mail? A. This is from John C. Randolph to Marty O'Boyle. Subject: O'Boyle versus Town of Gulf Stream and the case number. C) ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 66 "I do not represent Martin Minor and cannot except service for him. As far as I know he is available on June 5th at 9:00 a.m. for deposition at Town hall. I will work on getting dates for Rita and Bill. I can accept service for both of them once we establish a date." Q. Did you speak to Mr. Randolph before that e-mail? A. He called to tell me that he could not represent me because he was representing the Town. Q. There must have been a miracle since then, huh? MR. RANDOLPH: Object to the form. That's obviously not a question. BY MR. O'BOYLE: Q. what happened since then? He couldn't represent you on May 15th, and on June 4th what revelation occurred that he could represent you? A. He's representing the Town now. What -- Q. Are you an officer of the Town? A. I am a consultant to the Town. Q. So you don't work for the Town in any respect? A. I am a contract employee I guess you could call it. Q. Well, I don't think you'd want to call it a ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1M 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM contract employee. MR. RANDOLPH: question. THE WITNESS: BY MR. O'BOYLE: June 05, 2013 67 Object to the form of the I am a consultant of the Town. Q. So would it be fair to say in your opinion that anyone who consults with the Town gets free legal advice and free legal representation? A. No. I believe regarding -- No. Q. Well, what makes you different? MR. RANDOLPH: Object to the form. There is nothing in the record that says anything different. BY MR. O'BOYLE: Q. You may answer? A. What makes me different? No, nothing. Q. So if the others are not entitled to free legal advice or free legal representation and there is nothing different between you and them, what makes you entitled to free legal advice and free legal representation? MR. RANDOLPH: Object to the form of the question. It's based on testimony that's not in evidence. He's advised you that I do not represent him. Why don't you explain to him the nature of your question? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 68 1 MR. O'BOYLE: I think he understands my 2 question. 3 MR. RANDOLPH: Well, he's already told you 4 he's not represented by me, and he's not getting 5 free legal advice by me. 6 I'm continuing to object to the form of the 7 question. 8 BY MR. O'BOYLE: 9 Q. Are you paying for Mr. Randolph? 10 A. No. 11 Q. Is your company paying for Mr. Randolph? 12 A. No. 13 Q. If you don't pay for services, doesn't that 14 mean they're free? 15 A. If -- Yes. Yes. 16 Q. So you're getting free legal representation 17 here today? 18 A. No. I'm not being represented by 19 Mr. Randolph. 20 Q. You're not? 21 A. No. He is representing the Town. 22 Q. Let me show you Exhibit 6 and ask you to read 23 it into the record. 24 A. "Dear Mr. O'Boyle, I believe I advised --" 25 This is from Mr. Randolph to Marty O'Boyle: ESQUIRE 800.211.DEPO (3376) 5 0 L N T 1 0 N 9 EsquireSolutions.com 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 69 Dear Mr. O'Boyle, I believe I advised you previously that I do not represent Mr. Marty Minor individually. I have since spoken to Mr. Minor and he has advised me that he does not plan to have his own attorney attending the deposition. Therefore, I will be representing Mr. Minor at the deposition in his position as a consultant to the Town. Q. Okay. So back to my question. Do the consultants of the Town to your knowledge, are they entitled to free legal advice and free legal representation? A. I do not know the policy of the Town. Q. Does your firm have a contract with the Town? A. We have a contract with the Town. Q. Does the contract to your knowledge provide for free legal advice or free legal representation for your company or any of its employees? A. Not that I am aware of. Q. Then why are you getting free legal advice and free legal consultation here today? MR. RANDOLPH: Excuse me. I'm going to state my previous objection in regard to how this is calculated to lead to admissible evidence in this case. ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM 1 1 BY MR. O'BOYLE: June 05, 2013 70 2 Q. You may answer. 3 A. Mr. O'Boyle, I've come to this deposition 4 willing to answer questions. I don't know how to answer 5 your question. I'm sorry. 6 MR. O'BOYLE: Okay. Well, can you read it 7 back? Maybe I can think of a different way to 8 phrase it. 9 Or maybe if perhaps you listen a little 10 closer, you can maybe -- we can get through it. 11 (The question was read by the reporter.) 12 THE WITNESS: I'm going to state my objection 13 again that your question is not based upon evidence 14 in the record. He has not stated that he is 15 getting free legal advice in regard to this 16 deposition today. 17 BY MR. O'BOYLE: 18 Q. You may answer. 19 A. I represent the Town on those issues that I've 20 asked to be looked into. For this issue, Mr. Randolph 21 is here. I don't know the policy. I don't know why 22 services are provided. I'm not a legal person. I'm in 23 the planning business. 24 Q. But you can agree with me on May 15th, on or 25 before that date, he spoke to you and he agreed that he ESQUIRE 800.211.DEPO (3376) ... , , EsquireSolutions.com 2 3 4 5 6 7 8 9 13 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 71 could not represent you? Exhibit 7. A. Yes. Q. Okay. And you also agree with me that on June 4th there was some revelation that occurred, where Mr. Randolph did a 180 -degree turn? MR. RANDOLPH: Object to the form of the question. BY MR. O'BOYLE: Q. Can we agree to that? A. Well, you have the two exhibits in that he will be representing myself in his position, you know, as a consultant to the Town. Q. What's the difference between a position of a consultant of the Town, and Marty Minor the good looking individual that you are? A. One is a job, and one is my person. Q. What is the difference? Isn't your knowledge identical? A. Yeah. A consultant is part of my being, part of my job. Q. Right. So the answer whether Mr. Randolph was representing you or not would be identically the same; can we agree to that? A. The question -- Say that again? Q. The answers to the questions if Mr. Randolph ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 72 1 were not representing you -- 2 A. Yes. 3 Q. -- would be identically the same? 4 A. Yes. 5 Q. -- whether -- Okay. 6 A. Whether it was just you and I and the court 7 reporter. 8 Q. Okay. So we can agree to that? 9 A. We can agree to that. 10 Q. Okay. And to the best of your knowledge, the 11 consultation agreement that your company has with the 12 Town of Gulf Stream does not permit or does not -- 13 excuse me, does not provide for legal fees to be paid 14 for the company or for its employees in connection with 15 Gulf Stream activities? 16 A. Yeah, not to my knowledge. 17 Q. Not to your knowledge. Okay. That's fair 18 enough. 19 One question that I'm just curious about. 20 Conflicts of interest come up more often than we wish 21 for them to come up. 22 A. Uh-huh. 23 Q. If a conflict of interest currently exists or 24 you learn to be currently existing or exists in the near 25 future, how would that be if Mr. Randolph represents ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM both of you? June 05, 2013 73 MR. RANDOLPH: Excuse me. I'm going to object to the question on the basis that I do not believe it is reasonably calculated to lead to admissible evidence in this case. And I would like to ask you to give an explanation as to how it leads to admissible evidence in this case, Mr. Minor. THE WITNESS: O'Boyle. MR. RANDOLPH: Excuse me. Mr. O'Boyle. MR. O'BOYLE: Right. I heard you. BY MR. O'BOYLE: Q. You may answer the question. MR. RANDOLPH: You heard me, but you're ignoring me. And you're continuing to ignore me by not answering those questions. MR. O'BOYLE: Well, that's what you say. MR. RANDOLPH: That's what I say, and I'm entitled to an answer to all of these questions other than that it will appear clear at a later time. If you were in front of a Court, as I believe this is going to end up, because if this continues I'm going to ask for a protective order, if this kind of thing continues, you're going to have to explain to a Court how this is reasonably ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 74 1 calculated to lead to admissible evidence in this 2 case. 3 MR. O'BOYLE: If you'd like, we can get the 4 judge on the phone now. 5 MR. RANDOLPH: No, we can't. The judge will 6 not get on the phone with us in the middle of a 7 deposition. 8 BY MR. O'BOYLE: 9 Q. Okay. You may answer. 10 A. Once again -- What was the question? 11 (The question was read by the reporter.) 12 THE WITNESS: Once again, it is speculation. 13 I can't speak for Mr. Randolph. I can only speak 14 for myself. 15 BY MR. O'BOYLE: 16 Q. Would you -- And I understand you can only 17 speak for yourself, and I appreciate that. 18 If Mr. Randolph were representing the Town, 19 would you want him to represent you too? 20 A. In what, this matter or any matter? 21 Q. In matter of conflict. 22 A. Or which -- 23 Q. A matter of conflict. 24 MR. RANDOLPH: I'm going to continue my 25 objection previously stated. ESQUIRE 800.211.DEPO (33 76) o I .. I o 11, Esquire Solutions. com 1M 2 3 4 5 6 7 8 M 13 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 75 THE WITNESS: Yeah. I'm not sure what conflict are you talking about. BY MR. O'BOYLE: Q. Neither am I. A conflict in the future. Conflicts happen all the time; you'd agree with that. MR. RANDOLPH: Let me repeat two of the things that Mr. O'Boyle said at the beginning of this deposition. He asked you not to speculate and to state you did not know if you do not know. Just a reminder to you. I believe you are being badgered. And I'd like you to just if you feel you don't know the answer to the question, say you don't know. If you feel you're having to speculate, say I can't speculate. And I am just stating that as attorney for the Town, not as your lawyer. BY MR. O'BOYLE: Q. When you arrived, Mr. Minor, you provided me a coversheet with the words 3211 North Ocean Boulevard Subpoena Documents. Can you just go through these and make sure that that's what you submitted? A. Unless -- Yes. Unless a document has been removed during this deposition, this is the packet I gave you, and these are the documents I have in my file ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 76 1 regarding this piece of property. 2 Q. But you can't identify a document that's been 3 removed, can you? 4 A. No. 5 MR. O'BOYLE: Okay. I'm going to ask the 6 court reporter if she doesn't mind to mark them 7 all. 8 (Plaintiff's Exhibit Numbers 8-A through 8-J 9 were marked for identification.) 10 BY MR. O'BOYLE: it Q. Mr. Minor, how did you get here today? 12 A. Drove my car. 13 Q. It's a good way to get here. 14 A. Almost the only way. 15 Q. When did Mr. Randolph start representing you? 16 MR. RANDOLPH: Object to the form of the 17 question. It's based on evidence that's not in 18 testimony. He has stated that I do not represent 19 him. I have stated I do not represent him. 20 Mr. O'Boyle, I wrote you that letter yesterday 21 to advise you that he did not have his own 22 representation because he told me his lawyer was 23 not coming. So I wanted to advise you that he was 24 not -- although I don't represent him individually, 25 that he's not going to have a lawyer present. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 M 5 6 7 l 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 77 And I'm here representing the Town and I did state him as a consultant of the Town. I have stated to you today that I do not represent him in any fashion. MR. O'BOYLE: Are you saying you don't represent him as a consultant to the Town? MR. RANDOLPH: I am stating that I don't represent him in any way in regard to this deposition. I represent the Town only. MR. O'BOYLE: So that's contrary to your -- MR. RANDOLPH: That's contrary to the last sentence in my letter that I gave to you. MR. O'BOYLE: Okay. Well, I guess we have to look at multiple choice to try to get the right answer. MR. RANDOLPH: You can do whatever you want, Mr. O'Boyle. MR. O'BOYLE: Thank you. MR. RANDOLPH: Yeah. BY MR. O'BOYLE: Q. Okay. Mr. Randolph doesn't represent you? A. No. Q. Has he consulted with you? A. What do you mean consulted? Q. You consult with Mr. Thrasher all the time, ESQUIRE 800.211.DEPO (33 76) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 78 same thing. MR. RANDOLPH: You already asked -- Consulted -- Excuse me. Objection. You mean consulted prior to this deposition in regard to the deposition? MR. O'BOYLE: I mean consulted prior to this deposition, period. THE WITNESS: On what topic? We've talked about the development issues. BY MR. O'BOYLE: Q. Except in the scheme of the official business of the Town of Gulf Stream during the hearings and so forth, yeah. In connection with this -- Let's say in connection with this litigation or in connection with this lawsuit. A. Like I said previously, to inform me about this process and what to expect. Q. And to tell you to tell the truth? A. Tell the truth. Don't speculate. Q. Don't speculate. A. Answer what you know. Q. And would you categorize those items as advice? A. Yes. Q. Thank you. And because Mr. Randolph is not O ESQUIRE 800.211.DEPO (3376) o, U. 1 0 N S EsquireSolutions.com 1 2 3 4 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 79 representing you, I assume that neither you nor your firm are paying he or his firm; would that be correct? A. That is correct. Q. Okay. Thank you. We have these documents. Exhibit e -A is a coversheet that you provided me along with the documents which the court reporter has marked 8-B through 8-H. A. Uh-huh. Q. Okay. Paragraph 8-B -- Or I'm sorry, Document 8-B in your opinion is that responsive to a request for any reports or writings authored by Martin Minor or William Thrasher in regard to Application Number 1 on the agenda of the Town Commission Meeting dated April 12, 2013 for the premises known as 3211 North Ocean Boulevard, Gulf Stream, Florida? A. This is -- this is provided in response to your subpoena. Q. I understand that, but that's not my question. A. Okay. Q. Excuse me one second. Can you just leave that stuff out for a moment? A. Why? Q. Because I want you to. A. Why? Q. Because I want you to. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 80 1 MR. RANDOLPH: He was looking for something. 2 He's not referring to that in regard to his 3 deposition. 4 MR. O'BOYLE: I understand. 5 THE WITNESS: I was looking for something. 6 BY MR. O'BOYLE: 7 Q. Anyway, do you recall my question? 6 A. That is -- No. Please? 9 (The question was read by the reporter.) 10 THE WITNESS: Yes. This is a document that 11 was -- 12 BY MR. O'BOYLE: 13 Q. Yes is sufficient. You can move on if you'd 14 like. 15 A. Well, I would like to complete my answer. 16 Q. Go ahead. 17 A. There is a document Bill Thrasher wrote to me 18 asking me to review an e-mail from Benjamin Sheer 19 (phonetic) -- Schreier I believe. 20 Q. And again, just to be clear, that this is a 21 writing authored by either you or Mr. Thrasher in regard 22 to the premises known as 3211 North Ocean Boulevard, 23 Gulf Stream, Florida? 24 A. Yes. 25 Q. Okay. Thank you. I'm going to show you ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 81 1 document 8-C, and I'm going to ask you the identical 2 question if you can remember it. 3 A. Yes. This is some of my writings regarding 4 this issue. 5 Q. So would that be a yes? 6 A. Yes. 7 Q. Thank you. I'm going to now give you 8-D and 8 I'm going to ask you the same question. 9 A. Yes. 10 Q. Yes? 11 A. Yes. 12 Q. I'm going to now give you 8-E and ask you the 13 same question. 14 A. Yes. 15 Q. I'm going to now give you 8-F and ask you the 16 same question. 17 A. Yes. 18 Q. I'm going to now give you 8-G and ask you the 19 same question. 20 A. Yes. 21 Q. I'm now going to give you 8-H and ask you the 22 same question. 23 A. Actually, this is an e-mail from Benjamin 24 Schreier. It was just in my file. 25 Q. Look at the next one down. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 82 1 A. The next one down is an e-mail from Bill 2 Thrasher. I don't know if that's been covered before. 3 Q. This says: Provide a copy of all writings 4 authorized by Martin Minor or William Thrasher. 5 A. Then it's a copy of the earlier e-mail in 8-G. 6 Q. But, nonetheless, it's still the answer is 7 1 yes? 8 A. Correct. 9 Q. Next I have -- 10 (Plaintiff's Exhibit Numbers 8-K and 8-L were 11 marked for identification.) 12 BY MR. O'BOYLE: 13 Q. Mr. Minor, I'm now going to give you what has 14 been marked as 8-I and ask you the same question. If 15 you'd like me to read it again I will. 16 A. No. Yes. 17 Q. I'm now going to give you a document entitled 18 8-J same thing. 19 A. Yes. 20 Q. I am now going to give you a document entitled 21 8-K and ask you if the answer there is yes? 22 A. 8-K? 23 Q. Yes. 24 A. Yes. 25 Q. And I'm now going to give you a document that ESQUIRE Esqu �eSolut ons.com) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 83 has been marked B -L, and I am not sure if it is part of the other ones. A. This was an attachment to Exhibit 8-J. Q. 8-L was 8-J? A. No. It was 8-I. Q. So Exhibit 8-L was an attachment to -- A. Actually, it probably wasn't even attached. That was an internal document to confirm the area of windows. It was a request that was made to me to confirm the area of windows on that elevation. Q. Rather than going back through all the documents, if there is a reference to an elevation and windows, can we assume that this is part of it? A. That's it, correct. Q. Thank you. Now, I want to go back if we could to the process. And in the process was Mr. Thrasher would make a request to Mr. Minor, usually by phone. He would send an application and plans to Mr. Minor sometimes electronically, and sometimes in paper. And Mr. Minor would begin his review. So let me just stop there for the moment and ask where is the application and where are the plans? A. For? Q. This property. C) ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR June 05, 2013 O'BOYLE -vs-TOWN OF GULF STREAM 84 A. For this property? Q. Yes. A. I was not asked to do a full review of this property. Q. Okay. A. So I received this elevation when the question was -- arise that Mr. Thrasher asked me to take a look at this evaluation to confirm the window covering size. And I believe Mr. Schreier sent me a CAD drawing of that evaluation so we could do it on our computers. Q. Okay. So you never saw the application here? A. No. Q. And it was never sent to you? A. No. There were specific issues outlined in these regarding -- but not the full application. Q. Did you ever prepare a report? A. No. (Plaintiff's Exhibit Number 9 was marked for identification.) BY MR. O'BOYLE: Q. Mr. Minor, I'm going to show you what has been marked Plaintiff's Exhibit 9 and ask you if you have ever seen that. MR. RANDOLPH: May I see it? MR. O'BOYLE: Yes. O ESQUIRE 800.211.DEPO (3376) 3 0 l U. 1 0 M 5 Esquire Solutions.com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 85 1 THE WITNESS: No. The first time I'm seeing 2 it. 3 BY MR. O'BOYLE: 4 Q. First time you've seen it? 5 A. First time. 6 Q. What was your role in connection with this 7 project? And I ask in this context, I seem to remember 8 you speaking on this project. 9 A. Probably, yes. 10 Q. Okay. If you had no documents and saw 11 nothing, how did you do that? 12 MR. RANDOLPH: Objection on the basis that 13 this is not reasonably calculated to lead to 14 admissible evidence in this public records case. 15 THE WITNESS: I don't recall what the question 16 was. I'm sure I was responding to a question. 17 BY MR. O'BOYLE: 18 Q. You're saying my question or the question from 19 the -- 20 A. From the commission. 21 Q. Okay. If the minutes reflected a report, is 22 that possible? 23 A. I don't know. I haven't -- I came here 24 prepared to talk about your complaint. 25 Q. That would be part of my complaint. My ESQUIRpE 800.211.DEPO (3376) Esquire Solutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 86 1 complaint is where are the documents. And a report is 2 certainly one of the documents. 3 A. Yes. I did not prepare a report. 4 Q. Besides the e-mails that you have referred -- 5 that you were kind enough to bring here, and I thank 6 you, was there any other documents besides the e-mail 7 that you and I spent so much time with that was as I 8 would say altered? 9 A. Is there anything else other than the e-mails 10 1 I provided? 11 Q. Yeah. In other words, is this the whole kit 12 and caboodle? 13 A. That is the whole kit and caboodle. That is 14 everything in my file. 15 Q. Okay. Just bear with me. If I can, I'm going 16 to have to take just a quick... 17 How did you know the color of the roof? 18 A. That was some telephone conversations I had 19 with Mr. Thrasher and with Mr. Schreier. 20 Q. Here is the e-mail which says: We can confirm 21 that the rear elevation conforms with the Town's 22 regulations regarding the amount of windows, which make 23 up approximately 48 percent of the wall elevation. 24 And then below that from Benjamin Schreier is 25 he says: Per request, attached is the east elevation of ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 87 1 3211. If additional files are needed.... 2 Would that be -- 3 A. That is part of what he sent. And then we -- 4 we -- Yeah. Let me see. 5 No, that's right. This is what was sent. And 6 we confirmed it on the computer through our programs. 7 Q. So when we look at this it says, "Attached is 8 the East Elevation of 3211 North Ocean Boulevard in 9 CAD." 10 Now, do we have CAD drawings on here? 11 A. I don't think so. I don't know if I still 12 have those CAD drawings. 13 Q. well, it's only been a couple months ago, 14 right? 15 A. We get a lot of plans in our office. 16 Q. I appreciate that. But usually you don't get 17 rid of them until the project is done. 18 But, anyway, you say here that: Attached is 19 the east elevation in CAD. 20 And then we go on and it says from Thrasher, 21 "Ben, it is a variance application on the roof color. 22 And we need CAD drawings. See Marty's e-mail concerning 23 CAD drawings." 24 And then underneath that it says, "Yes, it 25 would require a variance. For the rear elevation," ESQUIRE 800.211.DEPO (33 76) Esquire Solutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 88 1 which is different than the east elevation, "it 2 certainly looks close. We would need to have a CAD 3 drawing of the elevation to truly confirm. It looks 4 like they are including area above the 'bottom of the 5 eave' limit for the wall area calculations." 6 Then it says, "Would the application be a 7 variance? It seems that the code allows the ARPB and 8 Commission to review 'grey types'," this is from 9 Mr. Thrasher to you, Mr. Minor, "but not terra cotta. 10 If you agree, it seems it would be a variance 11 application as something prohibited. Also, I want you 12 to calculate window pane coverage on the rear. To our 13 eye, it seems over the limit." 14 From Minor to Thrasher: Sorry for the delay 15 in responding.... Section 70-238 allows for Benjamin to 16 request for terra cotta colored slate -like tile. The 17 Town Commission will have to consider the colored tile 18 and so forth. I think Ben would need to make a stronger 19 case that Georgian homes with a terra cotta roof is 20 appropriate.... Just my thoughts. 21 And then Bill Thrasher again, "Please evaluate 22 and give me your ideas." 23 And then this is the architect again, and he 24 talks about the architecture and so forth. 25 So the architect is talking about the ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 W MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 89 architecture. And what I don't understand is how is he talking about the architecture when you can't see the architecture? A. We had a phone -- I had several phone discussions with Mr. Schreier regarding the -- also he sent some pictures regarding a terra cotta tile. Q. Are the pictures on this disk? A. The pictures are in the e-mails, which are on that disk. Q. Okay. Good. Okay. A. So that's -- We were just talking about the colors. Q. Okay. But we're also talking about -- Here in this long e-mail, we're talking about the structure, the Spanish Mediterranean, the roof terra cotta, the windows in the east elevation, the grey through-and-through tile or slate. I'm not reading all of this. Just sort of glancing through it. But you don't recall seeing -- And I just say this being a developer myself, I don't know how you could evaluate a plan without seeing a plan. And today they're so easily transmitted. I mean years ago you would have to Federal Express it, you'd have to put it in tubes, have it printed and so forth. Where now you ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 90 could e-mail it, it's there in ten minutes. And it would seem to me that it would have been sent to you. But you're saying it was not? A. Well, I think it had to be. I just don't have it. I don't know where -- But at the time, you know, from looking at that elevation knew that it was close. And that's what we needed to look at. And I know -- Q. And I understand, and I appreciate it. And also it appears in these e-mails that you and Mr. Thrasher and Mr. Benjamin Schreier, were sort of having a three-way -- A. At times. Q. -- discussion. And I'm assuming that -- Schreier, is he the architect? A. Yes. Q. He had the plans. I'd have to think that, you're a pro, that you had the plans, and for Mr. Thrasher to be involved, he had to have the plans, particularly if the application came in; would that be fair to say? A. I would assume. Q. Okay. MR. O'BOYLE: Off the record. There are some pretty neat pictures. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 91 1 BY MR. O'BOYLE: 2 Q. Just out of curiosity, I'm looking at an 3 e-mail that you sent to Mr. Thrasher April 17, 2013 at 4 9:33 a.m. And you're talking about Section 66-431, 5 which is near and dear to my heart. 6 Have there been any changes? I see you've 7 recommended changes to the code here. Have there been 8 any changes? 9 MR. RANDOLPH: Objection. It does not relate 10 to any admissible evidence in this case. 11 You can answer. 12 THE WITNESS: Yeah. 13 MR. RANDOLPH: Do you have an exhibit number 14 you're referring to there? 15 MR. O'BOYLE: 8-D. 16 MR. RANDOLPH: Thanks. 17 THE WITNESS: No. 18 MR. O'BOYLE: Okay. The documents that we 19 gave you as, I guess, Exhibits 1 through 9, can we 20 give those back to the witness, young lady? 21 BY MR. O'BOYLE: 22 Q. And, Mr. Minor, I have one just quick question 23 for you, which you can probably get through in 30 24 seconds. And that is are any of those documents to your 25 knowledge not available electronically? ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 92 1 A. No. They are all available electronically. 2 Q. Okay. Thank you. 3 THE WITNESS: I'm trying to organize for you. 4 COURT REPORTER: Thank you. 5 MR. O'BOYLE: He is your employee. Okay. 6 MR. RANDOLPH: Done? 7 MR. O'BOYLE: You're up next, Skip. 8 MR. RANDOLPH: I have no questions. 9 MR. O'BOYLE: No. No. I'm going to depose 10 you next. 11 MR. RANDOLPH: Go ahead. 12 COURT REPORTER: Do you want that transcribed, 13 Mr. O'Boyle? 14 MR. O'BOYLE: Yes. 15 COURT REPORTER: Okay. And copy? 16 MR. RANDOLPH: Yes. How soon can we have 17 that? 18 COURT REPORTER: Do you need it quicker; our 19 normal turnaround is seven to ten business days. 20 If you'd like it quicker, there is a rush charge. 21 So, let's see, what's seven days? 22 MR. O'BOYLE: Ten to twelve days would be 23 good. 24 COURT REPORTER: Okay. So it would fall on 25 the weekend. Is June 17th fine? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM June 05, 2013 93 MR. RANDOLPH: I would like to pay for a rush charge. COURT REPORTER: Okay. When would like it by? MR. RANDOLPH: If you could get it to me -- What's today, Wednesday? COURT REPORTER: Yes. MR. RANDOLPH: Is it unreasonable to ask for it by Monday? COURT REPORTER: No. That's fine. MR. RANDOLPH: Is Friday... COURT REPORTER: No, I will go ahead and get it to you by Friday. (Deposition was concluded at 11:55 a.m.) ESQUIRE 800.211.DEPO (3376) Esquire Solutions. com MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 94 1 I CERTIFICATE OF OATH 2 THE STATE OF FLORIDA) 3 COUNTY OF PALM BEACH) 0 5 I, the undersigned authority, certify that the 6 witness, MARTY MINOR, personally appeared before me and 7 was duly sworn on Wednesday, the 5th day of June, 2013. 1= 9 1 Dated this 6th day of June, 2013. 10 11 12 1pt�/�Vn 13 14 KATHLEEN LUSZ, RPR Notary Public - State of Florida 15 My Commission Expires: 6/9/16 My Commission No.: EE 201660 16 17 18 19 KATHLEEN UK2 Maur Pubes - 6Mta at fWd" Mr calm. E%" j" 1, 2616 20 commssia+ I EE 201610 , 6osdsa ieisuph MilssY Mwry'1wn 21 22 23 24 25 ESQUIRE 800.211.DEPO (3376) 1 EsquireSolutions. com MARTY MINOR June 05, 2013 O'BOYLE -vs- TOWN OF GULF STREAM 95 1 C E R T I F I C A T E 2 THE STATE OF FLORIDA) 3 1 COUNTY OF PALM BEACH) 4 5 I, KATHLEEN LUSZ, Registered Professional Reporter and Notary Public in and for the State of 6 Florida at large, do hereby certify that I was authorized to and did report said deposition in 7 stenotype; and that the foregoing pages are a true and correct transcription of my shorthand notes of said 8 deposition. 9 I further certify that said deposition was taken at the time and place hereinabove set forth and 10 that the taking of said deposition was commenced and completed as hereinabove set out. 11 I further certify that I am not attorney or 12 counsel of any of the parties, nor am I a relative or employee of any attorney or counsel of party connected 13 with the action, nor am I financially interested in the action. 14 The foregoing certification of this transcript 15 does not apply to any reproduction of the same by any means unless under the direct control and/or direction 16 of the certifying reporter. 17 18 19 20 21 22 23 24 25 Dated this 6th day of June, 2013. KATHLEEN LUSZ, ESQUIRE 800.211.DEP0 (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM DEPOSITION ERRATA SHEET Our Assignment No. 377575 Case Caption: MARTIN E. O'BOYLE VS. TOWN OF GULF STREAM June 05, 2013 96 DECLARATION UNDER PENALTY OF PERJURY I, MARTY MINOR, declare under penalty of perjury that I have read the entire transcript of my deposition taken in the captioned matter or the same has been read to me, and the same is true and accurate, save and except for changes and/or corrections, if any, as indicated by me on the DEPOSITION ERRATA SHEET hereof, with the understanding that I offer these changes as if still under oath. Signed on the day of 20 MARTY MINOR ESQUIjGLRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM DEPOSITION ERRATA SHEET Page No. Line No. Change to: Reason for change:_ Page No. Line No Reason for change:_ Page No. Line No Reason for change:_ Page No. Line No Change to: Change to: Change to: Reason for change: Page No. Line No. Change to: Reason for change:_ Page No. Line No Reason for change:_ Page No. Line No Reason for change: SIGNATURE: MARTY MINOR ESQUIRoE Change to: Change to: OWN" June 05, 2013 97 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARTY MINOR O'BOYLE -vs- TOWN OF GULF STREAM DEPOSITION ERRATA SHEET Page No. Line No. Change to: Reason for change:_ Page No. Line No Reason for change:_ Page No. Line No Reason for change: Page No. Line No Reason for change:_ Page No. Line No Reason for change: Page No. Line No Reason for change:_ Page No. Line No Reason for change: (SIGNATURE: MARTY MINOR ESQUIRE Change to: Change to: Change to: Change to: Change to: Change to: DATE: June 05, 2013 98 800.211.DEPO (3376) EsquireSol utions. com