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
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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
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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
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No.
8-H
Composite
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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
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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?
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MARTY MINOR
O'BOYLE -vs- TOWN OF GULF STREAM
June 05, 2013
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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?
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MARTY MINOR
O'BOYLE -vs- TOWN OF GULF STREAM
June 05, 2013
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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,
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O'BOYLE -vs- TOWN OF GULF STREAM
June 05, 2013
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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.
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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
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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.
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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?
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MARTY MINOR
O'BOYLE -vs- TOWN OF GULF STREAM
June 05, 2013
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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
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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
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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
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June 05, 2013
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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
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O'BOYLE -vs- TOWN OF GULF STREAM
June 05, 2013
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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
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O'BOYLE -vs- TOWN OF GULF STREAM
June 05, 2013
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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
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MARTY MINOR
O'BOYLE -vs- TOWN OF GULF STREAM
June 05, 2013
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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?
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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
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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.
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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
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MARTY MINOR
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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?
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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
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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.
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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
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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.
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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
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MARTY MINOR
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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?
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MARTY MINOR June 05, 2013
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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
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MARTY MINOR June 05, 2013
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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.
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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 --
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MARTY MINOR
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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.
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MARTY MINOR June 05, 2013
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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.
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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
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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.
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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.
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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?
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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.
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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?
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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
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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
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MARTY MINOR
O'BOYLE -vs- TOWN OF GULF STREAM
June 05, 2013
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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?
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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.
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MARTY MINOR
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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
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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
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MARTY MINOR
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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?
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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?
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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MARTY MINOR
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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.
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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
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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
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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?
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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
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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.
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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
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MARTY MINOR June 05, 2013
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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.
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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?
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MARTY MINOR
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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.
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MARTY MINOR
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"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
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MARTY MINOR
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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?
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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:
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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.
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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
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MARTY MINOR
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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
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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
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MARTY MINOR
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June 05, 2013
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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
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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.
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MARTY MINOR
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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
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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.
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MARTY MINOR
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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,
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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
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MARTY MINOR
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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.
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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
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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.
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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
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MARTY MINOR
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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.
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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.
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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
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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
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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,"
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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
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MARTY MINOR
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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
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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.
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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?
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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?
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MARTY MINOR
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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.)
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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
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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,
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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
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MARTY MINOR
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MARTY MINOR
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