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HomeMy Public PortalAboutPRR 15-2063From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Sunday, November 22, 2015 6:08 PM To: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Public Record Request - Cole, Scott & Kissane, P.A. Dear Custodian of Records, This email is a singular request for a public record. Please respond to this public record request in a singular manner and do not combine this public record request with any other public record requests when responding. Before making this public record request, I first searched the public records portion of your agency's website hoping I could locate the public record I seek without having to trouble you for it. Unfortunately I can not find the records I wish to examine. I request you provide for my inspection the public record which is: Any communication between the Town and anyone at Cole, Scott & Kissane, P.A. other than their Nov 10, 2015 letter to the Town. Any record wholly or partially regarding Cole, Scott & Kissane, P.A. created since Jan 1 2015. I make this request pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by &I 19.07(l)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 5119.07(1)(fl of the Florida Statutes. Please take note of 4119.07(1)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See $119.01(2)(f). Florida Statutes. Please provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. Please take note of 4119.070)(01(d) Florida Statues and if you anticipate that any records exist, the production for inspection of which will require extensive use of information technologies or extensive staff time or both in excess of 15 minutes then please advise me of the cost you anticipate to be incurred by your agency prior to incurring this cost. Please do not incur any costs on my behalf without first obtaining my written authorization to proceed. If you anticipate the need to incur any costs that I would be statutorily required to pay in order to inspect these public records which would exceed $1.00 please notify me in advance of your incurring that cost with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. Again, please do not incur any costs on my behalf without first obtaining my written authorization to proceed. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes Please provide for my inspection the requested records within ten (10) days of your receipt of this request. All responses to this public records request should be made in writing to the following email address: chrisohareculfstreamG�,email.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November24, 2015 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #2063 (Cole, Scott & Kissane, P.A.) (1) Any communication between the Town and anyone at Cole, Scott & Kissane, P.A. other than their Nov 10, 2015 letter to the Town. (2) Any record wholly or partially regarding Cole, Scott & Kissane, P.A. created since Jan 12015. Dear Chris O'Hare [mail to: chrisoharegulfstream(a,gmail.coml, The Town of Gulf Stream has received your public records requests dated November 22, 2015. The original public record request can be found at the following link: htta://www2.eulf- stream.ore/weblink/O/doc/73174/Pagel.aWx. Please refer to the referenced number above with any future correspondence. The Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Unless you advise us otherwise, we intend to process your request in the order they were received. Sincerely, Town Clerk, Custodian of the Records Rebecca Tew From: Sent: To: Cc: Subject: Attachments: www.csklegal.com Joshua A. Goldstein <Joshua.Goldstein@csklegal.com> Tuesday, November 10, 2015 12:12 PM Rebecca Tew Lisa Daye; Cynthia Bailey (cbailey@sweetapplelaw.com) FW: O'Boyle v. Sweetapple, et al. Town of Gulf Stream Ltr dated 11-10-15.PDF Joshua A. Goldstein, Es( Joshua.Goldstein@csklegal.com Tel: 561-383-9256 Fax: 561-683-8977 222 Lakeview Avenue, Suite 120 West Palm Beach, FL 33401 From: Lisa Daye Sent: Tuesday, November 10, 2015 11:44 AM To: rtw@gulf-stream.org Ce: Joshua A. Goldstein; cbailey@sweetapplelaw.com Subject: O'Boyle v. Sweetapple, et al. Dear Sir or Madam: Attached please find correspondence from Mr. Goldstein regarding the above. Thank you. www.csldegal.com Lisa Daye Legal Assistant to Attorneys: Lisa.Daye@csklegal.com Tel: 561-681-9208 Fax: 561-683-8977 222 Lakeview Avenue, Suite 120 West Palm Beach, FL 33401 Confidentiality Notice: This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510- 2521. It is legally privileged (including attachments) and is intended only for the use of the individual(s) or entity(ies) to which it is addressed. It may contain information that is confidential, proprietary, privileged, and/or exempt from disclosure under applicable law. Any review, retransmission, dissemination or other use of, or tatting of any action in reliance upon this information by persons or entities other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us so that we may take the appropriate action and avoid troubling you further. If you are not the intended recipient(s), please destroy this message, and any attachments, and notify the sender by return e-mail. Thank you for your cooperation. November 10, 2015 E -Mail: RTW( eulf-stream.ore Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483-7477 222 LAKEVIEW AVENUE, SUITE 120 WEST PALM BEACH, FLORIDA 33401 TELEPHONE (551) 383-9200 FACSIMILE (561) 583.8977 WEBSITEw osklegal.com DIRECT LINE (581) 383-9258 EMAIL Joshua. Goldstein@csklegal.com RE: Plaintiff Martin O'Boyle Defendants Robert A. Sweetapple and Mayor Scott Morgan/Town of Gulf Stream Case No. 0:14-CV-81250-KAM Our File No. 1601-0062-00 Sir or Madam: Please be advised that the undersigned law firm of Cole Scott Kissane, P.A., has been retained to represent Robert Sweetapple, Esq. of Sweetapple, Broeker & Varkas, P.L. on behalf of Lawyer's Protector Plan® regarding the above. Our client's deductible is $25,000.00 and our hourly rates are as follows: TYPE RATE Partners $150.00 Associates $125.00 Paralegals $50.00 To date, the costs incurred in this matter are $590.17, we note this does not include attorney's fees. Thank you and if you have any questions, please do not hesitate to contact us. Very 7AG/ld L. Postman A. Goldstein cc: Cynthia Bailey (e-mail) 1:U601-8062-(lo\rormspondenm*vemnteot agency\town orgull'stream.00I rc confirmingourmpmsenlation.docz LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. DOUGLAS C. BROEKER, P.A. 44 West Flagler Street, Ste. 1500 Miami, Flwida 33130 -UI7 Telephone: (305) 374 -5623 Facsimile: (305)355.1023 ROBERT A. S W EEFAPPLE •, •• DOUGLASC. BROEKER ALEXANDER D. VARKAS, JR. KADISHA D. PHELPS ALEXANDER D. VARKAS, Ill ASHLEIGH M. GREENE February 27, 2015 • eoAaa axnneo ausoassimwTamAnoara;r ,• aeAPa 60.T61FDC1V6Ta1ALA1taPNEY VIA EMAIL William Thrasher — City Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 SWEETAPPLE & VARKAS, P.A. 20 S.E. 3i0 Sheet Boca Raton, Florida 33432 -4914 Tclephone:(561) 392 -1230 Facsimile: (561) 394 -6102 Please Reply To: Boca Raton E -Mail: tsweempple@sweetapplelaw.00m avatkas@sweetappkiaw.com nivukas@sweempplelaw.com ebailcy@swectapplelaw.com dsmith@sweetapplelaw.com Paralegals: Cynthia J. Bailey, CP, FCP, FRP Deborah Smith, CP, FRP Jamie Ardcn, FRP Re: O'Boyle v. Robert A. Sweetapple and Mayor Scott Morgan Case No.:9:14 -CV- 81250- KAM;USDC Dear Bill: Enclosed is the deductible invoice from my attorneys with regard to the indemnified Martin O'Boyle Federal claim against me. Please remit payment in the amount of $8,842.13 directly to Cole Scott & Kissane regarding invoice 457478. RAS:dls ec:Joshua Goldstein, Esquire (via email) Very truly yours, ROBERT A. SWEETAPPLE VN OF GULF ST - -- R q A PAYMENT APPROVED unt w Sµ2.13 eck # Invoice No. 457478 Total This Invoice PaYor Bill Summary Sweetapple, Broeker & Varkas, P.L. 100.0000 % Total Fees 100.0000 % Total Disbursements Total Due Page: 20 February 17, 2015 58,842.13 $8,712.50 $129.63 8,842.13 Deductible amount as per Agreement is $25,000 to be paid by Sweetapple, Broeker & Varkas, P.L. Deductible amount paid to date by Sweetapple, Broeker & Varkas, P.L. is $0.00 Sweetapple, Broeker & Varkas, P.L. Responsibility for this invoice is $8,842.13 CC: Elizabeth Mulligan Robert Sweetapple io) C�I fill MIAMI -WEST PALM BEACH - TAMPA - KEY WEST -FT. LAUDERDALE EAST- FT LAUDERDALE WEST - NAPLES JACKSONVILLE - ORLANDO - PENSACOLA - SONRA SPRINGS Elizabeth Mulligan Brown & Brown, Inc. 655 North Franklin Street, Suite 1900 Suite 1900 Tampa FL 33602 Brown & Brown, Inc. Re: 0062 -00 — Martin E. O'Boyle v. Robert A. Sweetapple and Scott Morgan Claim Number 4020140930001 For Professional Services Rendered through November 30, 2014 ACCOUNTING DEPARTMENT DADELAND CENTRE it 9150 SOUTH DADELAND BOULEVARD SURE 1400 MIAMI, FLORIDA 33156 TELEPHONE (305) 350 -530D FACSIMILE (305) 373 -2294 E -Mail: a=unVrKi95cskIwal=m WEBS I"Exw mklegal.wm FEDERALTAX IDn 65- 0792149 February 17, 2015 Client ND. 1601 Invoice ND. 457478 COPY Date Atty Description Hours 09/30/14 BAP Email exchange with claims handler, Elizabeth Mulligan, discussing this 0.10 new matter, the parties involved and our defense. 10/01/14 SJV Exchange of extensive correspondence with Elizabeth Mulligan relative to 0.80 the new assignment and strategy for upcoming defense of case (I0 emails). 10/01/14 SJV Receipt and review of Complaint (13 pages). 0.00 10/01/14 BAP Email exchange with Claim Handler with regard to the new case and the 0.30 manner in which it will be handled. 10101/14 BAP Review and analysis of documents provided with regard to new claim, 0.50 specifically the Complaint, to determine the nature of the action and begin the process of strategizing with regard to the defense efforts. 10/01/14 BAP Preparation of correspondence t0 client with regard to retention. 0.10 10/01/14 BAP Review and analysis of docket sheet. 030 10/01/14 BAP Review and analysis of information obtained from the intemet with regard 040 to the Plaintiff. 10/01/14 BAP Email exchange with Claims Handler. 0.00 10/02/14 SJV Receipt and review of correspondence from Kelly Pressler relative to the 0.10 wiring of funds and further strategy moving forward. Invoice No. 457478 Page: 2 February 17, 2015 10/02/14 SJV Receipt and review of additional correspondence from Kelly Pressler 0.10 relative to the wiring of funds and further strategy moving forward. 10/02/14 SJV Receipt and review of correspondence from Brandon Marton relative to the 0.10 wiring of funds and further strategy moving forward. 10/02/14 SJV Receipt and review of additional correspondence from Brandon Marton 0.10 relative to the wiring of funds and further strategy moving forward. 10/02/14 JHR Corresponded with opposing counsel regarding an extension of time to file 0.20 10/09/14 BAP a response to Plaintiffs Complaint. 0.10 10/03/14 JHR Corresponded with Mayor's (co- defendant) counsel regarding the removal 0.20 of the case to federal court and contact information regarding parties. 10/06/14 BAP Preparation of correspondence to Client relative to potential removal. 0.10 10/06/14 BAP Attendance of lengthy conference call client relative to facts of case and 0.50 future handling. 10/06/14 JHR Reviewed and extensively analyzed Plaintiffs Complaint to determine 1.30 future litigation strategy. 10/06/14 JHR Conducted extensive legal analysis in preparation to file response to 1.50 Plaintiffs Complaint including applicable affirmative defenses and grounds for a motion to dismiss Plaintiffs Complaint in preparation to draft a response to Plaintiffs Complaint. 10/07/14 JHR Corresponded with Co- defendant's counsel regarding consent to removal of 0.20 case to federal court via telephone and later confirmed via email. 10/07/14 JHR Continued conducting extensive legal analysis regarding the sufficiency of 3.10 Plaintiffs six counts under Florida law, as alleged in Plaintiffs Complaint, in preparation for drafting a response to Plaintiffs Complaint. 10/08/14 BAP Review and analysis of the removal documents to ensure the 0.30 appropriateness of same and determine its impact oil case. 10/08/14 JHR Drafted detailed factual background and procedural history of Defendant's 0.90 Motion to Dismiss Plaintiffs Complaint, 10/08/14 JHR Conducted extensive legal analysis in preparation to file response to 2.10 Plaintiffs Complaint including applicable affirmative defenses and grounds for a motion to dismiss Plaintiffs Complaint in preparation to draft a response to Plaintiffs Complaint. 10/09114 BAP Review and analysis of Federal Court docket with regard to removal. 0.30 10/09/14 BAP Review and analysis of Judicial Assignment. 0.10 CC: Elizabeth Mulligan Robert Sweetapple CC: Elizabeth Mulligan Robert Sweetapple Page: 3 Invoice No. 457478 February 17, 2015 10/09/14 BAP Preparation of correspondence to client with regard to removal. 0.10 10/09/14 BAP Review and analysis of Notice of Pendency of Other Action, 0.10 10/09/14 BAP Review and analysis of Notice of Appearance. 0.10 10%09/14 BAP Review and analysis of information provided by client regarding related 0.40 matter. 10/09/14 JHR Drafted legal standard for governing a motion to dismiss within 0.40 Defendant's Motion to Dismiss Plaintiffs Complaint. 10/09/14 JHR Conducted extensive legal analysis regarding Counts 1 and II of Plaintiffs 1.20 in preparation of drafting Motion to Dismiss regarding such counts. 10/10/14 JHR Drafted Count I and Count 11 sections of Defendant's Motion to Dismiss 2.50 Plaintiffs Complaint. Specifically, argued that Defendant's alleged statements constituted non actionable opinion, Plaintiff is a quasi - public figure, and that Plaintiff failed to demonstrate and allege actual /special damages. 10/13/14 BAP Preparation of correspondence to the claims handler, Elizabeth Mulligan, 0.20 relative to this new matter and discussing our recommendations for future handling. 10/13/14 BAP Preparation of correspondence to the insured discussing our 0.20 recommendations for future handling and defense. 10/13/14 JHR Conducted extensive legal analysis regarding Count III of Plaintiffs 1.00 Complaint regarding state actor requirement under 42 U.S.C. § 1983 and the three various tests that the Eleventh Circuit employs to determine whether an individual can be deemed a state actor in preparation to draft corresponding segment of Defendant's Motion to Dismiss related to this Count. 10/13/14 JHR Drafted Count III segment of Defendant's Motion to Dismiss Plaintiffs 1.40 Complaint arguing that Defendant cannot be deemed a state actor under 42 U.S.C. § 1983 under each of the three tests that the Eleventh Circuit utilizes. 10/13/14 JHR Conducted extensive legal analysis regarding Count IV of Plaintiffs 0.80 Complaint to determine whether such a cause of action is recognized under Florida law and how federal courts have ruled on such. 10/14/14 JHR Drafted Count IV segment of Defendant's Motion to Dismiss Plaintiffs 050 Complaint for failure to state a recognizable claim under Florida law. 10/15/14 JHR Conducted extensive legal analysis regarding Counts V and VI of 0.30 Plaintiffs Complaint in preparation for drafting of such sections or CC: Elizabeth Mulligan Robert Sweetapple CC: Elizabeth Mulligan Robert Sweetapple Page: 4 Invoice No. 457478 February 17, 2015 Defendant's Motion to Dismiss Plaintiffs Complaint. 10115114 JHR Drafted Count V and VI segments of Defendant's Motion to Dismiss 0.90 Plaintiffs Complaint, 10/15/14 JHR Edited Defendant's Motion to Dismiss Plaintiffs Complaint in its entirely. 0.80 10/17/14 BAP Assistance with regard to preparation of detailed comprehensive Motion to 1.00 Dismiss (not all time billed). 10/19/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against 1.50 Sweetapple, specifically revising and drafting additional facts to section setting forth factual and procedural background in this matter, including additional facts evidicing O'Boyle's stature as a quasi public figure as well as vexatious litigant. 10/19/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against 0.50 Sweetapple, specifically revising and drafting memorandum of law section setting forth position that Plaintiff has failed to assert a claim for slander per se. 10/20/14 JAG Drafting legnthy and detailed motion to dismiss O'Boyle's claims against 0.90 Sweetapple, specifically revising and drafting memorandum of law section setting forth position that Plaintiff has failed to assert a claim for slander per se. 10/20114 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against 1.50 Sweetapple, specifically revising and drafting memorandum of law section setting forth position that Plaintiff fails to set forth the requisite material facts which would support and maintain a claim for slander per se. 10/21/14 JAG Exchange correspondence with Plaintiffs counsel regarding and discussing 0.10 issues associated with responding to complaint. 10121114 JAG Draft lengthy and detailed motion for extension of time to respond to 0.40 complaint in this matter. Exchange correspondence with Plaintiffs counsel regarding and discussing issues associated with responding to complaint. 10/22/14 JAG Review order granting our motion for extension of time to answer 0.10 complaint. 10/22/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against 1.50 Sweetapple, specifically revising and drafting memorandum of law section setting forth position that Plaintiff cannot maintain a slander per se claim based on the failure to show Sweetapple acted with malice as required by Plaintiffs position as a limited public figure. 10/22/14 JAG Receipt, review and analysis of Co- Defendant, Mayor Scott's motion to 0.50 dismiss Plaintiffs complaint in order to assess arguments and facts raised in same. CC: Elizabeth Mulligan Robert Sweetapple Invoice No. 457478 1023/14 JAG Page: 5 February 17, 2015 Review and analyze Co- Defendant Morgan's lengthy motion for rule 11 0.30 sanctions and incorporated memorandum of law. 1024/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against Sweetapple, specifically revising and drafting memorandum of law section setting forth position that Plaintiff fails to set forth a viable cause of action for slander. 1024114 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against Sweetapple, specifically revising and drafting memorandum of law section setting forth position that Plaintiff fails to set forth a viable cause of action for First Amendment Retaliation under 42 USC 1983. 1024/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against Sweetapple, specifically revising and drafting memorandum of law section setting forth position that Plaintiff fails to set forth a viable cause of action for First Amendment Retaliation under 42 USC 1983, specifically Sweetapple is not acting under the color of state law and is not a state actor. 1.30 1.40 2.70 1024/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against 1.40 Sweetapple, specifically revising and drafting memorandum of law section setting forth position that Plaintiff fails to set forth a viable cause of action for First Amendment Retaliation under 42 USC 1983, specifically, Plaintiff was not engaged in protected activity and the purported conduct does not rise to any level or retaliation. 1027/14 BAP Assistance with regard to the preparation of the lengthy and detailed Motion to Dismiss by adding additional argument and revision of Motion to Dismiss (vast majority of time not billed due the involvement of a second attorney on this project). 10/27/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against Sweetapple, specifically revising and drafting memorandum of law section setting forth position that Plaintiff fails to set forth a claim for civil conspiracy as such a claim cannot stand on its own. 1027/14 JAG Draft correspondence to R. Sweetapple regarding and discussing issues associated with this matter in particular proposed motion to dismiss this matter. 100-7/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against Sweetapple, specifically revising and drafting memorandum of law section setting forth position that Plaintiff fails to set forth a claim for civil conspiracy on the basis of slander or First Amendment retaliation. 1027/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against Sweetapple, specifically revising and drafting memorandum of law section setting forth position that Plaintiff fails to set forth a claim for civil conspiracy on the basis of slander in that there are insufficient facts to even support the conspiracy. CC: Elizabeth Mulligan Robert Sweetapple tt 1.40 0.20 1.30 1.30 Page: 6 Invoice No. 457478 February 17. 2015 10/27/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against 1.40 Sweetapple, specifically revising and drafting memorandum of law section setting forth position that Plaintiff fails to set forth a claim for civil conspiracy on the basis First Amendment retaliation in that there are insufficient facts to even support the conspiracy. 10/27/14 JAG Drafting lengthy and detailed motion to dismiss O'Boyle's claims against 1.40 Sweetapple, specifically drafting memorandum of law section setting forth position that Plaintiffs claims all fail as the action taken by Sweetapple are all subject and protected by the litigation immunity privilege. 10/28/14 JAG In further preparation of drafting motion to dismiss in this matter, commence review and analyze motion for scheduling order in related matter between Gulfstream and O'Boyle in particular lengthy affidavit of J. Chandler. (166 pages). 10/29/14 JAG In further preparation of drafting motion to dismiss in this matter, finalize review and analyze motion for scheduling order in related matter between Gulfstream and O'Boyle in particular lengthy affidavit of J. Chandler. (166 pages). 10/29/14 JAG Exchange correspondence with R. Sweetapple regarding and discussing issues associated with affidavit of J. Chandler as well as motion to dismiss complaint. 11/03/14 BAP Lengthy telephone call with the boss of Sweetapple to discuss and confer regarding status. 11/03/14 JAG Exchange correspondence with R. Sweetapple regarding and discussing issues associated with this matter in particular removal to federal court and procedures going forward. 11/04/14 JAG Exchange correspondence with counsel for Plaintiff, D. DeSouza regarding and discussing issues associated with filing reply to Defendant's motion to dismiss. 11/04/14 JAG Exchange correspondence with counsel for Plaintiff, D. DeSouza regarding and discussing issues associated with court ordered joint pre -trial scheduling conference and issues associated with same, including but not limited to required proposed scheduling order necessary for same. 11/04/14 JAG 11 /05/14 JAG 11/05/14 JAG CC: Elizabeth Mulligan Robert Sweetapple Receipt, review and analysis of Plaintiffs motion for extension of time to respond to Co- Defendant, Morgan's motion to dismiss. Review Order granting plaintiffs motion for extension to file response to Defendant Morgan's motion to dismiss. Exchange correspondence with counsel for Plaintiff, D. DeSouza regarding and discussing issues associated with joint pre -trial conference per -court order. 0.60 0.40 0.60 0.20 0.40 0.40 0.60 0.20 0.10 0.40 Invoice No. 457478 Page: 7 February 17, 2015 11/05/14 JAG Receipt, review and analaysis of correspondence from counsel for Plaintiff, 0.10 D. DeSouza regarding and discussing issues associated with joint pre -trial conference per -court order and proposed pre -trial plan. 11/05/14 JAG Receipt, review and analysis of proposed pre -trial plan in preparation of 030 court mandated conference. 11105114 JAG Attendance at lengthy court mandated teleconference regarding and 0.60 discussing required pre-trial plan. 11/06/14 JAG Teleconference with R. Sweetapple regarding and discussing issues 0.30 associated with joint scheduling report pursuant to court order, proposed discovery plan and settlement discussions between underlying parties and effect on this matter and any potential counterclaim. 11/07/14 JAG Receipt, review and analysis of correspondence from R. Sweetapple 0.10 regarding and discussing issues associated with this matter, in particular proposed discovery as well as answer and affirmative defenses. 11!07/14 JAG Receipt, review and analysis of R. Sweetapple's proposed initial request for 0.20 production of documents. 11/07114 JAG Receipt, review and analysis of R. Sweetapple's proposed answer and 0.30 affirmative defenses if motion to dismiss is denied. 11/07/14 JAG Receipt, review and analysis of R. Sweetapple's proposed subpoena duces 0.10 tecum to be served upon Brenda Russel as it relates to Citizen's Awareness Foundation and entity run by O'Boyle. 11/13/14 JAG Teleconference with R. Sweetapple reagrding and discussing discovery 0.40 plan and actions of O'Boyle in furtherance our defensive strategy. 11/13/14 JAG Review and analysis of Florida new paper article addressing actions of 0.30 O'Boyle, pursuant to interview of former partner at Citizens awareness fund putting further proof to the alleged statements made by Sweetapple. 11/13/14 JAG Receipt, review and analysis of correspondence from R. Sweetapple 0.10 regarding and discussing proposed revised request for production. 11113/14 JAG Inimial receipt, review and analysis of R. Sweetapple's proposed revised 0.10 request for production. 11/14/14 JAG Review and analysis ofSweetapples ' revised proposed request for 0.30 production in order to assess validity of requests and determine other case specific requests to propound. 11/14/14 JAG Commence drafting additional voluminous case specific requests for 0.40 production to be propounded on Plaintiff related to claims set forth in Complaint, elements of said claims, Plaintiffs purported damages as well potential counterclaim by Sweetapple. CC: Elizabeth Mulligan Robert Sweetapple CC: Elizabeth Mulligan Robert Sweetapple Page: 8 Invoice No. 457478 February 17, 2015 11/17/14 JAG In preparation of drafting initial disclosures in this matter review and 0.80 analyze additional information with respect to R. Sweetapple as well as Plaintiff, O'Boyle in order to ensure all pertinent information will be included. 11/17/14 JAG Continue drafting additional voluminous case specific requests for 0.90 production to be propounded on Plaintiff related to claims set forth in Complaint, elements of said claims, Plaintiffs purported damages as well potential counterclaim by Sweetapple. 11/17/14 JAG Commence drafting additional lengthy and detailed initial disclosures 0.50 purusant to Fed. R. Civ. P. 26.1. 11118/14 JAG Teleconference with R. Sweetappple regarding and discussing issues 0.30 associated with this matter, in paritcular the filing and serving on Rule I 1 Letter and Motion. 11/18/14 JAG Review and analysis of case law and statutory authority with respect to safe 0.30 harbor time period in which party can dismiss claims before Rule 1 I motion can be filed. 11/18/14 JAG In further preparation of drafting additional case specific requets for 0.40 production to be propounded on Plaintiff, review and analyze both the allegations in the complaint as assertions set forth in motions to dismiss same. 11/18114 JAG Continue drafting additional voluminous case specific requests for 0.40 production to be propounded on Plaintiff related to claims set forth in Complaint, elements of said claims, Plaintiffs purported damages as well potential counterclaim by Sweetapple. 11/19/14 JAG Finalize drafting additional voluminous case specific requests for 2.30 production to be propounded on Plaintiffrelated to claims set forth in Complaint, elements of said claims, Plaintiffs purported damages as well potential counterclaim by Sweetapple. 11/24/14 JAG Review Plaintiffs second extension of time to file his response to our 0.20 motion to dismiss. 11/24/14 JAG Commence drafting lengthy and detailed correspondence to counsel for 2.50 Plaintiff regarding and discussing requirement to comply with Fed. R. Civ. P. 11, wherein Plaintiff has been requested to dismiss its claims as they lack merrit of Defendant will seek sanctions by way of attorney's fees and costs. 11/24/14 JAG Exchange correspondence with counsel for Plaintiff regarding and 0.40 discussing issues associated with response in opposition to motion to dismiss. 11/25/14 JAG Review Order granting plaintiffs second extension of time to file a 0.10 response to our motion to dismiss. CC: Elizabeth Mulligan Robert Sweetapple Page: 9 Invoice No. 457478 February 17, 2015 1125/14 JAG Commence drafting lengthy and detailed motion pursuant to Fed. R. Civ. P. 2.90 11, wherein Plaintiff has been requested to dismiss its claims as they lack merit of Defendant will seek sanctions by way of attorney's fees and costs. 1125114 JAG Exchange correspondence with R. Sweetapple regarding and discussing 0.40 issues associated with proposed discovery requests and Rule 1 I letter /motion. Total Hours 68.20 Summary of Services Attv Hours Rate Value BAP Postman, Barry A. 6.30 150.00 945.00 JAG Goldstein, Joshua A. 40.90 125.00 5,112,50 JHR Railey, Jonathan H. 19.80 125.00 2,475.00 SJV Vine, Jonathan 1.20 150.00 180.00 Total Fees 68.20 $8,712.50 Disbursements Cast Description Amount Doctor/Hospital/Medical VENDOR: Palm Beach County Clerk of the 25.00 Records Expense Courts INVOICE #: 10062014 DATE: 10162014 lRequested By Earle, Kelly A. Messenger Service VENDOR: BDS Courier INVOICE #: 509968 40.00 DATE: 10/172014 lRequested By Earle, Kelly A. Copies (Qty: 253.0000 Qa 0.25) 63.25 Postage 1.38 Total Disbursements $129.63 Matter Summary 0062 -00— Martin E. O'Boyle v. Robert A. Sweetapple and Scott Morgan Total Fees Total Disbursements CC: Elizabeth Mulligan Robert Sweetapple $8,712.50 $129.63 Page: 10 Invoice No. 457478 February 17, 2015 Pavor Bill Summate Brown & Brown, Inc. Total This Invoice $8,842.13 Total Fees $0.00 Total Disbursements $0.00 Total Due 0.00 Deductible amount as per Agreement is $25,000 to be paid by Sweetapple, Bracket- & Varkas, P.L. Deductible amount paid to date by Sweetapple, Broeker & Varkas, P.L. is $0.00 Sweetapple, Broeker & Varkas, P.L. Responsibility for this invoice is $8,842.13 CC: Elizabeth Mulligan Robert Sweetapple a U 12720 TOWN OF GULF STREAM OPERATING ACCOUNT 3/6/21115 To. Cole Scott & Kissane PA Atut. Accounting Dept, 9150 South Dadeland Blvd., Ste. 1400 2/27/2015 Sweetapple Deductible 12720 TOWN OF GULF STREAM SUNTRUST BANK qq FRAUD 01—ARMOR- OPERATING ACCOUNT 63- 2151631 100 SEA ROAD CHECK DATE CHECK NO GULF STREAM, FL 33483 -7427 (561) 276 -5116 3/6/2015 12720 CHECK AMOUNT "Eight thousand eight hundred forty two and 13/100 Dollars" PAY $" 8,842.13 TO THE ORDER OF Cole Scott & Kissane PA Attn: Accounting Dept. p 9150 South Dadeland Blvd., ° {ro Ste. 1400 �>,a`. 33156 —_ AUTHOR= SIGNATURE 11001272011' LMM3 1641 YW�ValR WNRId.I/Ya.4l MILT Wf[I�W[Wlll MNII-4[aWWu,[�dWco R��V[O4 BWY VIaaa-!I WiORWII YV November 10, 2015 E -Mail: RTWniaaeulf-stream.ore Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483-7477 222 LAKEVIEW AVENUE, SUITE 120 WEST PALM BEACH, FLORIDA 33401 TELEPHONE (581) 383-9209 FACSIMILE (561) 683-6977 WESSITEw .wklegal.com DIRECT LINE (561) 383-9256 EMAIL Joshua.Goldstein@aklegal.com RE: Plaintiff Martin O'Boyle Defendants Robert A. Sweetapple and Mayor Scott Morgan/Town of Gulf Stream Case No. 0:14-CV-81250-KAM Our File No. 1601-0062-00 Sir or Madam: Please be advised that the undersigned law firm of Cole Scott Kissane, P.A., has been retained to represent Robert Sweetapple, Esq. of Sweetapple, Broeker & Varkas, P.L. on behalf of Lawyer's Protector Plan® regarding the above. Our client's deductible is $25,000.00 and our hourly rates are as follows: TYPE RATE Partners $150.00 Associates $125.00 Paralegals $50.00 To date, the costs incurred in this matter are $590.17, we note this does not include attorney's fees. Thank you and if you have any questions, please do not hesitate to contact us. Very JAG/Id L. Postman A. Goldstein cc: Cynthia Bailey (e-mail) IAI601-0062-001camspondence\guvemment agencyltown orgulrstream-001 re confirming our representation.doex MIAMI -WEST PALM BEACH -TAMPA- KEY WEST- FT. LAUUEROALE EAST - Ft. LAUDERDALE WEST- NAPLES JACKSONVILLE- ORLANDO-PENSACOLA-BONITA SPRINGS Robert Sweetapple Sweetapple, Bracket & Varkas, P.L. 20 S.E. 3rd Street Boca Raton FL 33432 Sweetapple, Broeker & Varkas, P.L. Re: 0062-00— Martin E. O'Boyle v. Robert A. Sweetapple and Scott Morgan Claim Number 4020140930001 For Professional Services Rendered through May 31, 2015 ACCOUNTING DEPARTMENT DADELAND CENTRE II 9150 SOUTH DADELAND BOULEVARD SURE 1400 MIAMI, FLORIDA 33156 TELEPHONE (305) 350.5300 FACSIMILE (305) 373.2294 E -Mail: acmunlJnaAc klwal wm WEBSITEw .cskle9alwm FEDERALTAX IDR 55-0792149 June 9, 2015 Client No. 1601 Invoice No. 478934 Date Attv Description (lours 03/02/15 JAG Review Mayor Scott Morgan's Unopposed motion for Extension of Time to 0.10 file reply to plaintiffs response to his motion to dismiss. 03/02/15 JAG Review and analyze plaintiffs lengthy memorandum of law in opposition 0.50 to defendant' Morgan's motion to stay discovery. 03/02/15 JAG Exchange correspodnence with counsel for Plaintiff reagrding and 0.40 discussing issues associated with reply in support of motion to dismiss to be filed in this matter. 03/02/15 JAG Draft detailed and lengthy agreed upon motion for extension of time to file 0.40 reply in support of motion to dismiss the amended complaint in this matter. 03/03/15 JAG Review court order granting Defendant Morgan's extension of time to file a 0.10 response to motion to dismiss. 03/03/15 JAG Review court order granting our extension of time to file a response to 0.10 motion to dismiss. 03/05/15 JAG In prepation of drafting extremely lengthy reply in support of motion to 1.20 dismiss Plaintiffs amended complaint review and analyze additional case law and statutory authority regarding whether or not Defendant was a state actor. 03/05/15 JAG In prepation of drafting extremely lengthy reply in support of motion to 1.00 dismiss Plaintiffs amended complaint review and analyze additional case law and statutory authority regarding Plaintiffs inability to maintain a claim for civil conspiracy. 03/05/15 JAG Commence drafting extremely lengthy reply in support of motion to 2.90 CC: Elizabeth Mulligan Robert Sweetapple Page: 12 Invoice No. 478934 June 9, 2015 dismiss Plaintiffs amended complaint specifically section reiterating position that Plaintiff has failed to set forth fact sufficient to assert a viable claim for slander per se. 03/05/15 JAG Drafting extremely lengthy reply in support of motion to dismiss Plaintiffs 2.80 amended complaint specifically section reiterating position that Plaintiff has not addressed or refuted Defendant's position that its statements were of pure opinion precluding a slander per se claim and thus cannot defeat the motion to dismiss. 03/05/15 JAG Drafting extremely lengthy reply in support of motion to dismiss Plaintiffs 3.10 amended complaint specifically section reiterating position that Plaintiff as a public figure or limited public figure remains unable to estbalish that Defendant acted with the requisite malice to sustain a claim for slander let alone slander per se. 03/06/15 JAG Review and analyze Defendant, Mayor Scott Morgan's Reply in Support of 0.60 His Motion to Dismiss (12 pages). 03/06/15 ES Draft responses and objections to plaintiffs voluminous first request for 2.20 admission (42 requests) to Defendant, Sweetapple. 03/06/15 ES Draft responses and objections to Plaintiffs first set of interrogatories to 1.60 Defendant, Sweetapple. 03/06/15 ES Draft responses and objections to Plaintiffs first set of requests for 2.60 production (45 requests) to Defendant, Sweetapple. 03/06/15 JAG Exchange correspondence with counsel for Plaintiff regarding and 0.30 discussing issues associated with responses to discovery. 03/06/15 JAG Drafting extremely lengthy reply in support of motion to dismiss Plaintiffs 3.00 amended complaint specifically section reiterating position that Plaintiff cannot maintain a claim for first amendment retaliation under 1983 action as Defendant was not and cannot be a state actor or a private actor under the color of authority of the state law. 03/06/15 JAG Drafting extremely lengthy reply in support of motion to dismiss Plaintiffs 3.00 amended complaint specifically section reiterating position that Plaintiff cannot maintain an independent claim for civil conspiracy as the limited requisite elements to maintain such a claim are not part of this matter. 03/06/15 JAG Drafting extremely lengthy reply in support of motion to dismiss Plaintiffs 2.90 amended complaint specifically section reiterating position that Plaintiff cannot maintain its claim for conspiracy for slander per se or retaliation as the are no valid underlying torts or wrongs for which the conspiracy claim stands. 03/09/15 JAG Supplemenatl drafting lengthy and detailed responses and objections to 1.80 Plaintiffs voluminous requests for production in this matter. CC: Elizabeth Mulligan Robert Sweetapple CC: Elizabeth Mulligan Robert Sweetapple Page: 13 Invoice No. 478934 June 9, 2015 03/09/15 JAG Supplemenatl drafting lengthy and detailed responses and objections to 1.40 Plaintiffs voluminous requests for admissions in this matter. 03/09/15 JAG Supplemental drafting lengthy and detailed responses and objections to 1.40 Plaintiffs voluminous interrogatoires in this matter. 03/09/15 JAG Exchange correspondence with counsel for Plaintiff regarding and 0.30 discussing issues associated with Plaintiffs responses to Defendant's first set of interrogatories in effort to respolve same. 03/09/15 JAG Receipt, review and analysis of correspondence from R. Sweetapple 0.10 regarding and discussing issues associated with additional law suit filed against same. 03/09/15 JAG Receipt, review and analysis of further correspondence from R. Sweetapple 0.10 regarding and discussing issues associated with additional law suit filed against same. 03/09/15 JAG Draft correspondence to It Sweetapple regarding and discussing issues 0.20 associated with discovery in this matter, in particular written responses to same. 03/09/15 JAG Exchange correspondence with counsel for Plaintiff regarding and 0.40 discussing issues associated with discovery in this matter, in particular written responses to same. 03/10/15 ES Conduct extensive and specific analysis of Florida judicial authorities 0.80 arising under factual circumstances similar to the above -referenced matter re: whether an attomey-client privilege exists when representing a municipality, in preparation for preparing response and objections to Plaintiffs discovery requests. 03/10/15 ES In preparation for responding and objecting to plaintiff's discovery requests 0.70 and to ensure a proper objection to same, prepare a detailed response to inquiries pertaining to whether there exists an attomey-client relationship when representing a municipality, noting that section 286.011(8) was enacted to enable a governmental entity to meet privately with its attorney provided certain conditions are met, and that the communications at issue likely did not violate the exemption of the Sunshine Law because it did not go beyond the permissible scope of a strategy session. 03/10/15 JAG Teleconference with R Sweetapple regarding and discussing issues 0.20 associated with proposed discovery responses in this matter. 03/10/15 JAG Exchange correspondence with R. Sweetapple regarding and discussing 0.30 issues associated with proposed discovery responses in this matter. 03/10/15 JAG Follow up teleconference with R. Sweetapple regarding and discussing 0.20 issues associated with pmposed discovery responses in this matter. 03/10/15 JAG Teleconference with C. Bailey, paralegal for R. Sweetapple regarding and 0.10 CC: Elizabeth Mulligan Robert Sweetapple Invoice No. 478934 Page: 14 June 9, 2015 discussing issues associated with proposed discovery responses in this matter. 03/10/15 JAG Attendance at meeting with R. Sweetapple regarding and discussing issues 1.30 associated with discovery in this matter in effort to finalize same. 03/10/15 JAG Further supplement responses and objections to Plaintiffs voluminous first 0.90 request for production pursuant to meeting with client. 03/10/15 JAG Further supplement responses and objections to Plaintiffs voluminous first 0.60 request for admissions pursuant to meeting with client. 03/11/15 JAG Further supplement and finalize responses and objections to Plaintiffs 1.00 voluminous first request for admissions pursuant to meeting with client. 03/11/15 JAG Further supplement and finalize responses and objections to Plaintiffs 2.80 voluminous first set of interrogatories pursuant to meeting with client. 03/11/15 JAG Teleconference with cousnel for Gulf Stream in Federal Rico matter. 0.10 03/11/15 JAG Exchange correspondence with cousnel for Gulf Stream in Federal Rico 0.30 matter. 03/11/15 JAG Receipt, review and initial analyziz of Exhibits to Complaint in the Town 0.90 of Gulf Stream's Federal Rico matter in support of our defensive position. 03/11/15 JAG Draft correspondence to R Sweetapple regarding and discussing issues 0.20 associated with discovery in this matter. 03/12/15 JAG Review and analyze defendant Mayor Scott Morgan's Reply in Support of 0.30 his Motion to Stay Discovery. 03/13/15 JAG Teleconference with C. Bailey, paralegal for R. Sweetapple, regarding and 0.10 discussing issues associated with finalizing discovery responses. 03/13/15 JAG Teleconference with R. Sweetapple, regarding and discussing issues 0.20 associated with finalizing discovery responses. 03/13/15 JAG Exchange correspondence with C. Bailey, pamlgeal for R. Sweetapple, 0.30 regarding and discussing issues associated with finalizing discovery responses. 03/13/15 JAG Finalize drafting and supplementing responses and objections to Plaintiffs 1.50 voluminous first request for admissions pursuant to discussion with R. Sweetaple. 03/13/15 JAG Finalize review, analyzing and preparing responsive documents to be 0.50 produced to counsel for Plaintiffs counsel in this matter. 03/17/15 JAG Exchange correspondence with counsel for Plaintiff regarding and 0.30 discussing issues associated with resposnes to Defendant first set of CC: Elizabeth Mulligan Robert Sweetapple Invoice No. 478934 Page: 15 June 9, 2015 CC: Elizabeth Mulligan Robert Sweetapple interrogatories. 0324/15 JS2 Conduct, analyze and highlight results of an online investigation conducted 0.50 of Florida license plate WER3X through Accurint. 0326/15 JAG Teleconference with counsel for Town of Gulf Stream, J. O'Connor 0.20 regarding and discussing issues associated with Rule 26 disclosures and recently filed sunshie law lawsuit. 0326/15 JAG Draft followup correspondence to counsel for Town of Gulf Stream, J. 0.20 O'Connor regarding and discussing issues associated with Rule 26 disclosures and recently filed sunshie law lawsuit. 0328/15 JAG Exchange correspondence from counsel for Plaintiff regarding with 0.20 discussing issues associated with responding to Defendant's interrogatories. 03/30/15 JAG Review and analyze Plaintiffs Responses and Objections to our First Set of 0.70 Interrogatories. 03/31/15 JAG Commence lengthy and detailed initial case analysis in this matter, 1.50 specifically section setting forth lengthy factual and procedural history in this matter including but not limited Plaintiffs long hisony with the Town of Gulf Stream. 03/31/15 JAG Draft correspondence to R. Sweetapple regarding, discussing and analyzing 0.20 Plaintiffs responses to Interrogatories and handling of this matter going forward based upon same. 04/01/15 JAG Analysis of Trial Order & Discovery Deadlines & Referring Case to 0.60 Mediations to determine deadline dates of discovery, amending pleadings, motions and joint pretrial stipulation and requirements of the court regarding exhibits and jury instructions and prepare trial sheet containing same. 04/01/15 JAG Teleconference with R. Sweetapple regarding and discussing issues 0.20 associated with Plaintiffs discovery responses as well as strategy in proceeding forward with same. 04/01/15 JAG Exchange correspondence with R. Sweetapple regarding and discussing 0.40 issues associated with Plaintiffs discovery responses as well as strategy in proceeding forward with same. 04/15/15 JAG Teleconference with R. Sweetapple regarding and discussing another suit 0.10 filed against him by O'Boyle under Florida's Sunshine laws. 0422/15 JAG Exchange correspondence with counsel for Plaintiff regarding and 0.60 discussing issues associated with this matter, in particular outstanding discovery issues. 0422/15 JAG Exchange correspondence with R. Sweetapple regarding and discussing 0.20 issues associated with third suit filed by O'Boyle. CC: Elizabeth Mulligan Robert Sweetapple CC: Elizabeth Mulligan Robert Sweetapple Page: 16 Invoice No. 478934 June 9, 2015 0422/15 JAG Receipt, review and analysis of motions to dismiss filed in third suit filed 0.30 by O'Boyle against Sweetapple, this one for sunshine law violations. 0424/15 JAG Exchange further communication with counsel for Plaintiff regarding and 0.60 discussing issues associated with outstanding discovery and conferal with respect to same. 05111115 JAG Teleconference with counsel for Town of Longport, NJ regarding and 0.50 discussing subpoena served on former mayor as it relates to this matter and issues with respect to same. 05/11/15 JAG Exchange correspodnence with counsel for Town of Longport, NJ 0.40 regarding and discussing subpoena served on former mayor as it relates to this matter and issues with respect to same. 05/11/15 JAG Exchange correspodnence with counsel for Plaintiff, regarding and 0.30 discussing subpoena served on former mayor of Longport, NJ as it relates to this matter and issues with respect to same in particular failure to provide counsel notice of same. 05/11/15 JAG Teleconference with counsel for Mayor Morgan regarding and discussing 0.10 subpoena served on former mayor for Longport, NJ as it relates to this matter and issues with respect to same. 05/11/15 JAG Receipt, review and analysis of subpoena served on former mayor of 0.10 LongpoM NJ as it relates to this matter in order to assess issues with respect to same. 05/11/15 JAG Draft correspondence to B. Sweetapple regarding and discussing subpoena 0.20 served on former mayor of Longport, NJ as it relates to this matter and issues with respect to same in particular failure to provide counsel notice of same. 05/12/15 JAG Exchange correspondence with R. Sweetapple regarding and discussing 0.40 issues associated with subpoena served on former mayor for town of Longport, NJ and handling of same. 05/12/15 JAG Exchange correspondence with D. DeSouza regarding and discussing issues 0.30 associated with subpoena served on former mayor for town of Longport, NJ and handling of same. 05/12/15 JAG Teleconference with R. Sweetapple regarding and discussing numerous 0.20 issues in this matter with respect to discovery and handling matter going forward. 05/13/15 JAG Continue drafting lengthy and detailed initial legal analysis of management 0.80 report, specifically further setting forth issues as it relates to factual background in this matter. 05/13/15 JAG Exchange correspondence with counsel for Plaintiff regarding and 0.30 CC: Elizabeth Mulligan Robert Sweetapple Page: 17 Invoice No. 478934 June 9.2015 discussing issues associated with numerous discovery issues to be resolved. 05/13/15 JAG Teleconference with counsel for Town of Longport, NJ regarding and 0.20 discussing issues associated with subpoena served on former mayor as it relates to this matter. 05/13/15 JAG Continue drafting lengthy and detailed initial legal analysis of management 1.30 report, specifically forth critical issues to be addressed in this matter as it relates to liability damages, experts as to liability and damages and keys to this matter. 05/14/15 JAG Teleconference with R. Sweetapple regarding and discussing issues 0.20 associated with this matter, in particular deposition of witnesses and proposed handling of same. 05/14/15 JAG Exchange correspondence with counsel for Town of Longport, NJ 0.30 regarding and discussing issues associated with deposition of former mayor in effort to resolve same. 05/14/15 JAG Teleconference with counsel for Town of Longport, NJ regarding and 0.20 discussing issues associated with deposition of former mayor in effort to resolve same. 05/14/15 JAG Exchange correspondence with R. Sweetapple regarding and discussing 0.20 issues associated with recently filed bar complaint by C. O'Hare as it relates to this matter. 05/14/15 JAG Initial review and analysis of extremely lengthy and detailed bar complaint 0.40 filed by O'Hre against Sweetapple in order to assess claims and determine appropriate response to same. 05/14/15 JAG Continue drafting lengthy and detailed initial legal analysis of management 1.50 report, specifically forth critical issues to be addressed in this matter as it relates to liability damages, experts as to liability and damages and keys to this matter. 05/15/15 JAG Exchange correspondence with counsel for O'Boyle regarding and 0.80 discussing numerous issues associated with discovery in order to resolve same. 05/15/15 JAG Continue drafting lengthy and detailed initial legal analysis of management 0.90 report, specifically forth critical issues to be addressed in this matter as it relates to liability damages, experts as to liability and damages and keys to this matter. 05/15/15 JAG Teleconference with counsel for Town of Longport, NJ regarding and 0.30 discussing issues associated with depositions of several town residents to be taken by O'Boyle. 05/15/15 JAG Continue drafting lengthy and detailed initial legal analysis of management 0.60 report, specifically forth key evolutions in this matter as to the strengths and CC: Elizabeth Mulligan Robert Sweetapple Invoice No. 478934 Page: IS June 9, 2015 CC: Elizabeth Mulligan Robert Sweetapple weaknesses with respect to the calms and defenses. 05/17/15 JAG Exchange correspondence with counsel for Plaintiff regarding and 0.50 discussing issues associated with proposed deposition to occur on NJ Longport residents. 05/18/15 SJV Receipt and review of correspondence from Elizabeth Mulligan relative to 0.10 issues in the case and strategy moving forward with response and extension to respond. 05/18/15 JAG Exchange correspondence with E. Mulligan regarding and discussing issues 0.00 associated with bar complaint filed by C. O'Hare as related to this matter. 05/18/15 JAG Exchange correspondence with R. Sweetapple regarding and discussing 0.30 issues associated with but complaint filed by C. O'Hare as related to this matter. 05/18/15 JAG Receipt, review and analysis of lengthy and detailed bar complaint and 2.60 correspondeing exhibits filed by C. O'Hare as relates to this matter. 05/19/15 JAG Continue drafting lengthy and detailed initial legal analysis of management 0.90 report, specifically forth key evalutions in this matter as to the strengths and weaknesses with respect to the calms and defenses. 05/19/15 JAG Exchange correspondence with counsel for Plaintiff, regarding and 0.30 discussing issues associated with the Deposition of former mayor for town of longport, NJ and objections to same. 05/19/15 JAG Receipt, review and analysis of notice of chage of address for counsel for 0.10 Plaintiff. 05/19/15 JAG Continue drafting lengthy and detailed initial legal analysis of management 1.30 report, specifically forth key evalutions as it relates to the possibility of joint and several liability in this matter. 05/19/15 JAG Continue drafting lengthy and detailed initial legal analysis of management 1.40 report, specifically forth key evalutions as it relates to the possibility contibutory and or comparative negligence considerations. 05/19/15 JAG Continue drafting lengthy and detailed initial legal analysis of management 0.50 report, specifically case management and settlement considerations. 0522/15 JAG Review and analyze Subpoena to Testify at a Deposition Duces Tecum 010 directed to Nicholas Russo in New Jersey. 0522/15 JAG Review and analyze Subpoena to Testify at a Deposition Duces Tecum 020 directed to Peter Isen in New Jersey. 0522/15 JAG Exchange correspondence with counsel for town in NJ regarding 0.20 subpoena's duces tecum issued to several residents who were previously sued by O'Boyle for slander claims. CC: Elizabeth Mulligan Robert Sweetapple Page: 19 Invoice No. 478934 June 9, 2015 0529/15 JAG Teleconference with M. Hann, counsel for Chris O'Hare regarding and 0.20 discussing issues associated with deposition of same. 0529/15 JAG Teleconference with L. Roeder counsel for Chris O'Hare regarding and 0.10 discussing issues associated with deposition of same. Total Hours 74.00 Summary of Services Atty Hours Rate Value ES Sprechman, Eric 7.90 50.00 395.00 JAG Goldstein, Joshua A. 65.50 125.00 8,187.50 JS2 Spiegel, Jennifer 0.50 50.00 25.00 S1V Vine, Jonathan 0.10 150.00 15.00 Total Fees 74.00 $8,622.50 Disbursements Cost Description Amount Copies (Qty: 562.0000 Qn.0.25) 140.50 Total Disbursements $140.50 Matter Summary 0062-00 — Martin E. O'Boyle v. Robert A. Sweetapple and Scott Morgan Total Fees $8,622.50 Total Disbursements $140.50 Total This Invoice $8,763.00 Payor Bill Summary Sweetapple, Broeker & Varkas, P.L. CC: Elizabeth Mulligan Robert Sweetapple Invoice No. 478934 100.0000 % Total Fees 100.0000 % Total Disbursements Total Due SUMMARY OF OUTSTANDING INVOICES Invoice # Invoice Date Total Billed 464314 March 26, 2015 $11,672.54 478934 June 9, 2015 $4,485.33 Total Due this Matter for all OUTSTANDING INVOICES for Sweetapple, Broeker & Varkas, P.L. Page: 20 June 9, 2015 $4,356.47 $128.86 $4,48533 Total AR $11,672.54 $4,485.33 $16,157.87 Deductible amount as per Agreement is $25,000 to be paid by Sweetapple, Broeker &Varkas, P.L. Deductible amount paid to date by Sweetapple, Broeker & Varkas, P.L. is $8,842.13 Sweetapple, Broeker & Varkas, P.L. Responsibility for this invoice is $4,485.33 T®WfV ®F GULF STRE 0, PAYMENT APPROVED -4 CC: lCheck #, Elizabeth Mulligan Robert Sweetapple Page: 24 Invoice No. 464314 March 26, 2015 Cost Description Amount Copies (Qty: 529.0000 @ 0.25) 132.25 Long Distance Telephone 2.79 Charges Total Disbursements $135.04 Matter Summary 0062-00 — Martin E. O'Boyle v. Robert A. Sweetapple and Scott Morgan Total Fees $11,537.50 Total Disbursements $135.04 Total This Invoice $11,672.54 Payor Bill Summary Sweetapple, Broeker & Varkas, P.L. 100.0000 %Total Fees $11,537.50 100.0000 %Total Disbursements $135.04 Total Due $11,672.54 VN OF GULF STREAM ► PAYMENT APPROVED -4 11 1.12.6,f- CC: .12.5,f- CC: lCheck #. Elizabeth Mulligan Robert Sweetapple MIAMI - WEST PALM BEACH - TAMPA- KEY WEST- FT. LAUDERDALE EAST- FT. LAUDERDALE WEST- NAPLES JACKSONVILLE- ORLANDO - PENSACOLA- BONITA SPRINGS Robert Sweetapple Sweetapple, Broeker & Varkas, P.L. 20 S.E. 3rd Street Boca Raton FL 33432 Sweetapple, Broeker & Varkas, P.L. Re: 0062-00—Martin E. O'Boyle v. Robert A. Sweetapple and Scott Morgan Claim Number 4020140930001 For Professional Services Rendered through February 28, 2015 ACCOUNTING DEPARTMENT OADELAND CENTRE II 9150 SOUTH DADELAND BOULEVARD SUITE 1400 MIAMI, FLORIDA 33156 TELEPHONE (305) 350.5300 FACSIMILE (305)373-2294 E -Mail: acmuntina0=kleaal com WEBSITEv .csklegal.com FEDERAL TAx ID# 65-0792149 March 26, 2015 Client No. 1601 Invoice No. 464314 Date Atm Descrlotion Hours 12/08/14 JAG Receipt, review and analysis of Plaintiffs Motion for leave to file an 0.30 Amended Complaint. 12/08/14 JAG Receipt, review and initial analysis of Plaintiffs Amended Complaint in 0.90 order to asses new claims set forth in same as well as basis for motion to dismiss. 12/08/14 JAG Receipt, review and analysis of correspondence from counsel for Plaintiff 0.10 regarding and discussing issues associated with the filing of his amended complaint. 12/08/14 JAG Receipt, review and analysis of correspondence from counsel for Plaintiff 0.10 regarding and discussing issues associated with the proposed joint scheduling order and corresponding report. 12/08/14 JAG Receipt, review and analysis of the proposedjoint scheduling order to be 0.10 filed with the court in this matter. 12/08/14 JAG Receipt, review and analysis of the proposed joint scheduling report. 0.10 12/09/14 JAG Exchange correspondence with counsel for Mayor Morgan regarding and 0.30 discussing issues associated with the finalized proposed scheduling order and report to be submitted per order of court. 12/09/14 JAG Exchange voluminous correspondence with counsel for all parties 0.90 regarding and discussing issues associated with the finalized proposed scheduling order and report to be submitted per order of court in effort to resolve same. 12/09/14 JAG Conduct further review and analysis of Plaintiffs Amended Complaint in 1.20 Invoice No. 464314 order to assess and compare difference with orginal complaint and determine what if any basis for dismissal of said claims exist. 12/09/14 JAG Draft correspondence to R. Sweetapple regarding and discussing issues in this matter, in particular recently filed amended complaint and assessment of same. 12/10/14 JAG In preparation of drafting Defendant's initial disclosures as well as additional discovery requests, and in furtherance of defensive efforts in this matter, review and analyze deposition of Plaintiff Martin O'Boyle taken by Robert Sweetapple in underlying matter. 12/10/14 JAG Receipt, review and analysis of correspondence from R. Sweetapple regarding and discussing issues associated with this matter in particular actions of O'Boyle and rule 26 disclosures. 12/10/14 JAG Receipt, review and analysis of correspondence of Gulf Stream's response to motion to disqualify filed in underlying action is furtherance of defensive efforts. 12/10/14 JAG Teleconference with R. Sweetapple regarding and discussing issues associated with this matter, in particular defensive efforts and Rule 26 disclosures. 12/10/14 JAG In preparation of drafting Defendant's Rule 26 Disclosures commence review and analysis of background on Martin O'Boyle and entitles to ensure that all individuals who have been subject to the same scheme and strategy of O'Boyle are potential witnesses in this matter. 12/11/14 JAG Review and analyze lengthy order setting trial date & discovery deadlines, referring case td mediation & referring discovery motions to magistrate. 12/11/14 JAG Review and analysis of Gulf Streams response in opposition to motion to disqualify Sweetapple as counsel in order to further assess underlying actions and purported claims against Defendant in this matter as well as additional factual support. (37 pages) 12/11/14 JAG Teleconference with counsel for Mayor Morgan regarding and discussing isses associated with amended complaint as well as discovery in this matter and strategy in proceeding forward with same. 12/11/14 JAG Exchange correspondence with counsel for Mayor Morgan, H. Gill regarding and discussing numerous additional law suits filed by Plaintiff against other entities in similar fashion to those at issue in this matter including slander claims. 12/11/14 JAG In preparation of drafting Defendant's Rule 26 Disclosures continue review and analysis of background on Martin O'Boyle and entitles to ensure that all individuals who have been subject to the same scheme and strategy of O'Boyle including slander claims are listed as potential witnesses in this matter as well as all known associates. CC: Elizabeth Mulligan Robert Sweetapple Page: 14 March 26, 2015 0.20 2.50 0.10 0.10 0.20 1.50 0.30 1.20 0.40 0.40 1.30 CC: Elizabeth Mulligan Robert Sweetapple Page: 15 Invoice No. 464314 March 26, 2015 12/11/14 JAG Exchange correspondence with R. Sweetapple regarding and discussing 0.30 issues associates with this matter in particular the court's issuance of its scheduling order. 12/12/14 JAG Commence drafting lengthy and detailed interrogatories to propound on 0.70 Plaintiff regarding and specifically tailored to claims for defamation and slander. 12/12/14 JAG Teleconference with R. Sweetapple regarding and discussing issues 0.20 associated with suit filed by CAM and claims being asserted in same. 12/12/14 JAG Receipt, review and analysis of CAFI's motion to file exhibits under seal as 0.30 it relates to motion for entry of order to show cause and return of documents allegedly in possession of R. Sweetapple, in furtherance of our defensive efforts and O'Boyles counter actions taken against same. (41 pages). 12/12/14 JAG Receipt, review and analysis of Sweetapple's motion to dismiss complaint 0.10 against same by CAFI, in furtherance of our defensive efforts and O'Boyles counter actions taken against same. 12/12/14 JAG Receipt, review and analysis of Sweetapple's motion to strike complaint 0.10 filed by CAFI filed against same as a sham, in furtherance of our defensive efforts and O'Boyles counter actions taken against same. 12/12/14 JAG Receipt, review and analysis of Sweetapple's motion to compel deposiiton 0.10 of CAFI corporate representative and potential integral witness in this matter, D. De Martini, in furtherance of our defensive efforts and O'Boyles counter actions taken against same. 12/12/14 JAG Receipt, review and analysis of CAFI's Motion for Order to show cause as 0.60 to Sweetapple, for alleged possession of documents which could be integral in this matter, claiming said documents are confidential and privileged in nature and wrongfully acquired, in furtherance of our defensive efforts and O'Boyles counter actions taken against Sweetapple. (39 pages). 12/12/14 JAG Receipt, review and analysis of CAFI's Complaint against Sweetapple, for 0.00 alleged possession of documents which could be integral in this matter, claiming said documents are confidential and privileged in nature and wrongfully acquired, in furtherance of our defensive efforts and O'Boyles counter actions taken against Sweetapple. (10 pages). 12/15/14 BAP Review and analysis of motions filed by CCAFI describe Complaint, for 0.50 directive verdict, for Sanctions in Order to Show Cause relative to documents as well as other issues. 12/15/14 BAP Preparation of an outline of manner in which we will proceed in response to 0.20 motions filed by CCAFI. 12/15/14 JAG Exchange correspondence with R. Sweetapple regarding and discussing 0.80 CC: Elizabeth Mulligan Robert Sweetapple Page: 16 Invoice No. 464314 March 26, 2015 issues associated with claims filed by CAFI and handling of same 12/15/14 JAG Commence drafting lengthy and detailed initial disclosures, pursuant to 1.30 Federal Rules of Civil Procedure, Rule 26, setting forth over 40 potential factual witness, and informatio/knowledge with respect to same. 12/16/14 JAG Further review and analysis of motion to show cause and complaint filed in 1.50 CAFI matter, pursuant to discussions with R. Sweetapple, as same provides additional facts and potential witnesses to put forth in Rule 26 disclosures. 12/17/14 JAG Review and analyze Order Setting Discovery Procedure on pre -hearing 0.30 communication and discovery motions from Magistrate Matthewman. (Attorney review required by Local Rules and ECF Rules) 12/17/14 JAG Continue drafting lengthy and detailed initial disclosures, pursuant to 3.80 Federal Rules of Civil Procedure, Rule 26, setting forth over 40 potential factual witness, as well as their location and informatio/knowledge they are each individually expected to present. 12/17/14 JAG Teleconference with R. Sweetapple regarding and discussing issues 0.50 associated with this matter in particular information expected from several disclosed witnesses, additional witneeses to add as well as handling of CAFI matter. 12/18/14 JAG Review and analyze Plaintiffs Initial Disclosures, including individuals 0.70 likely to have discoverable information, location and description of documents and things, computation of damages and insurance agreements. 12/18/14 JAG Continue drafting lengthy and detailed initial disclosures, pursuant to 0.80 Federal Rules of Civil Procedure, Rule 26, setting forth over 40 potential factual witness, as well as their location and informatio/knowledge they are each individually expected to present. 12/18/14 JAG In furtherence of drafting detailed initial disclosures, review and analyze 1.00 additional information and backgrounds on several of the proposed witneeses who were subject to similar suits of Plaintiff in New Jersey and Tennessee. 12/18/14 JAG Continue drafting lengthy and detailed interrogatories to propound on 1.00 Plaintiff regarding and specifically tailored to claims for defamation and slander. 12/22/14 JAG Commence drafting lengthy and detailed initial case analysis in this matter, 2.00 specifically setting forth the attenuated factual and procedural history in this matter, and background on Plaintiff. 12/22/14 JAG Continue drafting lengthy and detailed initial disclosures, pursuant to 0.80 Federal Rules of Civil Procedure, Rule 26, setting forth over 40 potential factual witness, as well as their location and informatio/knowledge they are each individually expected to present. CC: Elizabeth Mulligan Robert Sweetapple Page: 17 Invoice No. 464314 March 26, 2015 12/23/14 JAG In preparation of finalizing Sweetapple's initial disclosures pursuant to Rule 0.90 26, conduct additional review and analysis of affidavit of Joel Chandler to assess any additional individuals to be named as well as other documents provided by client. 12/23/14 JAG Finalize drafting lengthy and detailed initial disclosures, pursuant to 0.80 Federal Rules of Civil Procedure, Rule 26, setting forth over 40 potential factual witness, as well as their location and informatio/knowledge they are each individually expected to present. 12/24/14 JAG Continue drafting lengthy and detailed interrogatories to propound on 1.80 Plaintiff regarding and specifically tailored to claims for defamation and slander. 12/24/14 JAG Finalize drafting lengthy and detailed initial disclosures, pursuant to 1.90 Federal Rules of Civil Procedure, Rule 26, setting forth over 40 potential factual witness, as well as their location and infornatio/knowledge they are each individually expected to present. 12/24/14 JAG Draft correspondence to R. Sweetapple regarding and discussing issues 0.20 assoicated with discovery in this matter, in particular, our initial disclosures as well as Plaintiffs. 12/29/14 JAG Review and analyze plaintiffs lengthy response and objections to our first 1.30 request for production in order to prepare a reply to same. (16 pages) 12/29/14 JAG Exchange correspodnence with counsel for Plaintiff regarding and 0.50 discussing issues associated with service of discovery and handling of same. 12/29/14 JAG Exchange correspodnence with counsel of record regarding and discussing 0.40 issues associated with mediation in this matter. 12/30/14 JAG Exchange correspodence with counsel of record regarding and discussing 0.30 proposed mediator in this matter and issues with respect to same. 12/30/14 JAG Teleconference with R. Sweetapple regarding and discussing issues 0.10 associated with Rule 26 disclosures and proposed revisions to same. 12/31/14 JAG Revise Rule 26 Initial Disclosures pursuant to discussion with R. 0.50 Sweetapple. 12/31/14 JAG Exchange correspodnence with R. Sweetapple regarding and discussing 0.30 revisions to Rule 26 Disclosures, 12/31/14 JAG Exchange correspodnence with R. Sweetapple regarding and discussing 0.30 issues relative to proposed mediators in this matter and assessment of same. 12/31/14 JAG Exchange correspondence with counsel of regarding regarding and 0.70 discussing issues associated with service of Sweetapple's Initial Rule 26 disclosures. CC: Elizabeth Mulligan Robert Sweetapple Page: 18 Invoice No. 464314 March 26, 2015 12/31/14 JAG Receipt, review and analysis of correspodnence regarding and discussing 0.10 issues associated with Co -Defendant, Morgan's Initial Rule 26 disclosures. 12/31/14 JAG Receipt, review and analysis Co -Defendant, Morgan's Initial Rule 26 0.40 disclosures. 12/31/14 JAG Exchange correspondence with R. Sweetapple regarding and discussing 0.20 issues associated with Co -Defendant, Morgan's initial disclosures. 12/31/14 JAG Commence drafting Motion to Dismiss Plaintiffs Amended Complaint in 2.10 this matter, specifically, drafting section setting forth revised factual and procedural history in this matter based upon addtional allegations set forth in the complaint. 01/02/15 BAP Review and analysis of correspondence from Claim Handler, Elizabeth 0.10 Mulligan, with regard to mediation. 01/02/15 BAP Preparation of responsive correspondence to Claim Handler, Elizabeth 0.10 Mulligan, with regards to mediation and other issues associated with same. 01/02/15 JAG Teleconference with R. Sweetapple regarding and discussing issues 0.10 associated with this matter and related CAF[ matter as well as served Rule 26 Disclosures. 01/02/15 JAG Draft correspomdence to R. Sweetapple regarding and discussing issues 0.20 associated with this matter and related CAM matter as well as served Rule 26 Disclosures. 01/02/15 JAG Exchange correspondence with E. Mullins regarding and discussing issues 0.10 associated with proposed mediators in this matter. 01/06/15 BAP Review and analysis of court order on Motion to Dismiss. 0.10 01/06/15 JAG Review and analyze Order denying as moot our Motion to Dismiss for 0.00 Failure to State a Claim because the court granted plaintiffs Motion for Leave to File Amended Complaint. 01/08/15 JAG Exchange correspondence with counsel for O'Boyle, D. DeSouza regarding 0.30 and discussing issues associated with mediation in this matter and proposal with respect to same to comply with court order. 01/09/15 JAG Receipt, review and analysis of Plaintiffs lengthy and detailed amended 1.10 complaint, filed in compliance with the court's order, in order to assess response to same. 01/09/15 JAG Exchange further communications with Plaintiffs counsel regarding and 0.30 discussing issues associated with mediation in this matter. 01/12/15 JAG Draft extremely lengthy and detailed correspondence to Plaintiffs counsel 4.90 setting forth the numerous deficiencies in his responses and objections to CC: Elizabeth Mulligan Robert Sweetapple Invoice No. 464314 our first request for production in an effort to resolve same without court intervention. 01/12/15 JAG Commence drafting lengthy and detailed motion to dismiss Plaintiffs Amended Complaint, specifically section setting forth summary of the factual and background allegations as set forth in same to the extent said allegations benefit future legal arguments. 01/14/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended Complaint, specifically memorandum of law section setting forth position that Plaintiff has failed to assert a vialble cause of action for slander per se. 01/14/15 JAG Exchange correspondence with counsel for Plaintiff regarding and discussing issues associated with discovery deficiency and requirement to meet and confer. 01/14/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended Complaint, specifically memorandum of law section setting forth position that Plaintiffs slander per se allegations fail as there are insufficient facts to maintain said claim. 01/14/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended Complaint, specifically memorandum of law section setting forth position that Plaintiffs slander per se allegations fail as the purported statements are not actionable as opinion as a matter of law. 01/14/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended Complaint, specifically memorandum of law section setting forth position that Plaintiffs slander per se allegations fail as he cannot establish that Sweetapple acted with the requisite malice. 01/15/15 JAG Teleconference with counsel for Plaintiff in order to meet and confer with respect to discovery issues set forth in deficiency letter. 01/16/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended Complaint, specifically memorandum of law section setting forth position that Plaintiff cannot maintain a claim for first amendment retaliation. 01/16/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended Complaint, specifically further draft memorandum of law section setting forth position that Plaintiffs slander per se allegations fail as he cannot establish that Sweetapple acted with the requisite malice. 01/19/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended Complaint, specifically memorandum of law section setting forth position that Plaintiffs claim for first amendment retaliation claim fails as Sweetaaple is not a state actor or acting under the color of state law. 01/19/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended Complaint, specifically memorandum of law section setting forth position that Plaintiffs claim for first amendment retaliation claim fails as Plaintiff CC: Elizabeth Mulligan Robert Sweetapple Page: 19 March 26, 2015 `tt 0.90 0.40 0.90 0.90 0.80 0.90 0.90 1.80 0.90 CC: Elizabeth Mulligan Robert Sweetapple Page: 20 Invoice No. 464314 March 26, 2015 has not been engaged in a protected activity and/or the purported conduct does not amount to retaliation. 01/19/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended 0.90 Complaint, specifically memorandum of law section setting forth position that Plaintiffs claim for civil conspiracy fails as Florida law does not recognize an independent claim for same. 01/19/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended 1.10 Complaint, specifically memorandum of law section setting forth position that Plaintiffs claim for conspiracy to commit slander per se and/or first amendment retaliation fails. 01/20/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended 1.80 Complaint, specifically memorandum of law section setting forth position that Plaintiffs claim for conspiracy to commit slander per se and/or first amendment retaliation fails as it does not allege fact sufficient to establish an actual conspiracy. 01/20/15 JAG Draft correspondence to R. Sweetapple regarding and discussing issues 0.10 associated with finalized motion to dismiss Plaintiffs Amended Complaint. 01/20/15 JAG Drafting lengthy and detailed motion to dismiss Plaintiffs Amended 2.60 Complaint, specifically memorandum of law section setting forth position that Plaintiffs claims in total are barred by Florida's litigation immunity privilege despite Plaintiffs attempt to plead around such a position in his amended complaint. 01/21/15 JAG Exchange correspondence with counsel for Gulf Stream, H. Gill regarding 0.30 and discussing issues associated with motion to dismiss the amended complaint by same. 01/22/15 JAG Initial receipt, review and analysis of Plaintiffs First Request for 0.40 Production onf Sweetapple. 01/22/15 JAG Initial receipt, review and analysis of Plaintiffs First Request for 0.20 Production on Morgan. 01/22/15 JAG Initial receipt, review and analysis of Plaintiffs First set of interrogatories 0.40 on Sweetapple. 01/22/15 JAG Initial receipt, review and analysis of Plaintiffs First set of interrogatories 0.20 on Morgan. 01/22/15 JAG Initial receipt, review and analysis of Plaintiffs First set of Admissions on 0.40 Sweetapple. 01/22/15 JAG Initial receipt, review and analysis of Plaintiffs First set of Admissions on 0.20 Morgan. 01/22/15 JAG Finalize drafting lenthy and detailed fact specific interrogatories at it relates 2.30 CC: Elizabeth Mulligan Robert Sweetapple Page: 21 Invoice No. 464314 March 26, 2015 to claims for slander per se and retaliation. 01/22/15 JAG Draft correspondence to R. Sweetapple regarding and discussing issues 0.20 associated with this matter, specifically Plaintiffs discovery requests as well as out proposed interrogatories. 01/23/15 JAG Teleconference with R. Sweetapple regarding and discussing isses 0.20 associated wiht discovery propounded by Plaintiff. 01/23/15 JAG Receipt, review and analysis of correspondence from R. Sweetapple 0.10 regarding and discussing counterclaim filed against O'Boyle in town suit by Sweetapple as it relates to claims in this matter. 01/25/15 JAG Exchange correspondence with R. Sweetapple regarding and discussing 0.40 issues associated with proposed interrogatories as well as claims set forth in cross claim against O'Boyle in town suit. 01/26/15 JAG Teleconference with R. Sweetapple regarding and discussing issues 0.20 associated with this matter, in particular interrogatories. 01/26/15 JAG Receipt, review and analysis of correspodnence from R. Sweetapple 0.10 regarding and discussing issues associated with this matter, in particular interrogatories. 01/26/15 JAG Exchange correspodnence with R. Sweetapple regarding article on public 0.20 records request fraud. 01/26/15 JAG Review and analysis of recent article publised on public records request 0.20 fraud as it relates to actions of O'Boyle and defense of claims against Sweetapple. 01/26/15 JAG Initial receipt and review of motion to dismiss amended complaint filed by 0.10 Mayor Morgan. 01/27/15 JAG Review and analysis of countercliaim/third-party complaint filed against 2.20 O'Boyle in underlying suit against town, as claims set forth in counterclaim have a direct impact on claims in this matter, in particular claims for slander per se. 01/27/15 JAG Review and analysis of lengthy and detailed motion to dismiss amended 0.50 complaint filed by Mayor Morgan in order to assess claims and defensive positions is this matter. 01/30/15 JAG Teleconference with J. O'Connor regarding and discussing issues 0.30 associated relative O'Boyle or an entity continues to make public records request. 01/30/15 JAG Commence preparation of responding to Plaintiffs volumnous request for 0.50 production and assess location of responsive documents. 02/04/15 JAG Finalize drafting interrogatories to propound on Plaintiff pursuant to 0.60 CC: Elizabeth Mulligan Robert Sweetapple Invoice No. 464314 Page: 22 March 26, 2015 CC: Elizabeth Mulligan Robert Sweetapple discussions with R. Sweetapple. 02/04/15 JAG Teleconference with R. Sweetapple regarding and discussing additional 0.20 interrogatories to propound on Plaintiff. 02/05/15 JAG Exchange correspondence with counsel for O'Boyle regarding and 0.30 discussing issues associated with response to our motion to dismiss. 02/06/15 JAG Review plaintiffs agreed motion for extension of time to file a response to 0.20 Sweetappple and Morgans motions to dismiss. 02/06/15 JAG Exchange correspodence with counsel for O'Boyle regarding and 0.30 discussing issues associated with responding to motion to dismiss the complaint. 02/09/15 JAG Review Order granting Plaintiffs motion for extension of time to file 0.10 response/reply to both defendants motion to dismiss. 02/10/15 JAG Teleconference with R. Sweetapple regarding and discussing issues 0.20 associated with discovery served in this matter. 02/10/15 JAG Exchange coffespodnence with R. Sweetapple regarding and discussing 0.40 issues associated with discovery served in this matter. 02/10/15 JAG Teleconference with R. Sweetapple regarding and discussing issues 0.50 associated with response to Plaintiffs propounded discovery in this matter. 02/11/15 JAG Receipt, review and analysis of correspondence from counsel for Mayor 0.10 Morgan regarding and discussing request to seek a stay of same pending ruling on their motion to dismiss. 02/12/15 JAG Receipt, review and analysis of correspondence from counsel for O'Boyle 0.10 regarding and discussing issues associated with stay of discovery. 02/13/15 JAG Receipt, review and analysis of recently filed Class Action RICO suit filed 3.10 by Town of Gulf Stream against O'Boyle and other related entites as allegations and claims set forth in same go directly to defense of this matter, in particular defamation claims for truth. (50 pages w/o exhibits). 02/16/15 JAG Exchange correspondence with counsel of record regarding and discussing 0.40 issues associated with Mayor Morgan's request to stay discovery pending outcome of motions to dismiss. 02/17/15 JAG Review and analyze Defendam Mayor Scott Morgan's 25 page Motion to 0.40 Stay Discovery Pending Deterninatio of Entitlement to Qualified Immunity. 02/17/15 JAG Further review and analysis of extremely lengthy Federal Class Action 1.10 Rico matter filed by the Town of Gulf Stream in support of our defense in this matter. CC: Elizabeth Mulligan Robert Sweetapple Summary of Services Attv Hours Rate Page: 23 Invoice No. 464314 1.00 150.00 March 26, 2015 02/17/15 JAG Commence drafting lengthy and detailed responses and objections to 1.30 Plaintiffs first set of interrogatories propounded on Sweetapple. $11,537.50 02/18/15 JAG Teleconference with E. Mulligan regarding and discussing issues associated 0.10 with this matter and status as it relates to same. 02/19/15 JAG Initial receipt, review and analysis of Plaintiffs opposition to Sweetapple's 0.10 Motion to Dismiss. 02/19/15 JAG Initial receipt, review and analysis of Plaintiffs opposition to Mayor 0.10 Morgan's Motion to Dismiss. 02/23/15 JAG Review Defendant, Mayor Scott Morgan's Objections to the Plaintiffs 0.20 Initial Discovery Dated 1.21.15. 02/23/15 JAG Review and analysis of Plaintiffs lengthy response in opposition to 1.30 Sweetapple's motion to dismiss this matter in preparation of drafting response to same. 02/23/15 JAG Review, analysis and shepardize case law and statutory authority cited in 1.00 Plaintiffs lengthy response in opposition to Sweetapple's motion to dismiss in preparation of drafting response to same. 02/24/15 JAG Exchange correspondence with counsel for O'Boyle regarding and 0.30 discussing issues associated with responding to discovery propounded on Sweetapple and resolution of same. 02/26/15 JAG Draft correspondence to R. Sweetapple in order to provide status update as 0.20 to same, in particular proceeding forward with motion to dismiss as well as discovery in this matter. 02/28/15 JAG Commence drafting lengthy and detailed response in support of motion to 2.20 dismiss Plaintiffs Amended complaint responding to arguments raised in Plaintiffs opposition with respect to independent actions for conspiracy. Total Hours 92.10 Summary of Services Attv Hours Rate Value BAP Postman, Bary A. 1.00 150.00 150.00 JAG Goldstein, Joshua A. 91.10 125.00 11,387.50 Total Fees 92.10 $11,537.50 Disbursements CC: Elizabeth Mulligan Robert Sweetapple 13381 'OWN OF GULF STREAM OPERATING ACCOUNT 11/13/2015 To: Cole Scott & Kissane PA Ann: Accounting Dept. 9150 South Dadeland Blvd., Ste. 1400 464314 3262015 Legal-sweetapple $11,672.54 S0.00 S11,672.54 478934 6'9121115 legal-sweetapple $4,485.33 $0.00 $4,485.33 Totals: $16,157.87 $0.00 $16,157.87 001-531 III -51.1-I0 Legal Services - Admin TOWN OF GULF STREAM OPERATING ACCOUNT 100 SEA ROAD GULF STREAM, FL 33483-7427 (561) 276-5116 SUNTRUST BANK 63-215/631 PAY "Sixteen thousand one hundred fifty seven and 87/100 Dollars" TO THE ORDER OF Cole Scott & Kissane PA Attn: Accounting Dept. 9150 South Dadeland Blvd., Ste. 1400 Miami, FL 33156 AUTHORIZED SIGNATURE 11.01338Lill ®Shield CHECK DATE 13381 CHECK NO. 11/13/2015 13381 m CHECK AMOUNT e $" 16,157.87 8 , 4 Im 16� MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 9, 2015 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to order. Mayor Morgan called the meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Morgan. III. Roll Call. Present and Scott W. Morgan Mayor Participating: Robert W. Ganger Vice Mayor Joan K. Orthwein Commissioner Thomas M. Stanley Commissioner Donna S. White Commissioner Also Present and John Randolph Town Attorney Participating: William H. Thrasher Town Manager Rita L. Taylor Town Clerk Garrett Ward Police Chief Danny Brannon Engineer Julio Martinez Resident Christopher O'Hare Resident Martin O'Boyle Resident Christine Dehaseth Coalition IV. Minutes. A. Regular Meeting & Public Hearing 12 -12 -14 @ 9:00 A.M. There were no changes. Vice Mayor Ganger moved the approval of the minutes and the motion was seconded by Commissioner Stanley with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. Attorney Randolph asked to add Reimbursement for Attorney Sweetapple and it was placed under item IX B (Changed Item B to C) . VI. Announcements. A. Regular Meetings and Public Hearings 1. February 13, 2015 @ 9:00 A.M. 2. March 13, 2015 @ 9:00 A.M. 3. April 10, 2015 @ 9:00 A.M. 4. May 6, 2015 @ 9:00 A.M. 5. June 12, 2015 @ 9:00 A.M. Town Commission Regular Meeting & Public Hearing 1 -9 -15 Mayor Morgan called attention to the next meeting date of February 13, 2015 and asked if anyone had a conflict with this date and none were acknowledged. VII. Communication from the Public (5 min. maximum) The Mayor asked if anyone wanted to speak and Mr. Martinez was recognized. Mr. Martinez was recognized and stated his name and that he lives in Place Au Soleil, that he was the former president of the Homeowner's Association and has had the privilege of working with most of them in making the Town much better. He came to reach out, as he is now retired and has a little bit of extra time, so he wanted to come back and give to the Town. He stated that it was an honor living here. He stated that all he could say was Rita and Bill Thrasher were not perfect, but that he wouldn't trade them for anybody else. He said that as far as the Town's Commission is concerned, they do a phenomenal job and when he walked around any neighborhood in this Town of Gulf Stream it was phenomenal what they have going on. The Chief of Police, same thing, crime rate extremely low. When he looked at other towns and tried to see what's perfect, he found that it was this one right here. So he's talking from the bottom of his heart and stated that the Commission would have to take a pay cut next year, as they are getting paid too much money for what they're doing. He said, you guys on a bad day are better than another Town Commission's best person on their best day. He has spoken with other town commissions and stated that they do really give a lot. He just didn't want that to go unnoticed. The other thing he wanted to share with them is, when the Pledge of Allegiance comes up, there are a lot of people who fought for this country who can't get up, who would pay anything in the world to stand up when the Pledge of Allegiance comes up. The disabled who fought for this Country and as far as he's concerned, living here in the Town of Gulf Stream, he's living the American dream and it doesn't matter where he is in the world, when he hears the Pledge of Allegiance, he stands up with respect for all the soldiers, and the folks who have given us all the freedoms that we have today. He said you guys deserve all the credit for what you do and he didn't want it to go unnoticed. He said they could count on him to be here whenever needed. Mayor Morgan stated that they did appreciate his comments very much. Mr. O'Hare was recognized and stated, Happy New Year commissioners and staff, 2015 was going to be significant. He stated that about a year ago, he told them about the handicap access violations in Town Hall, and the poorly designed ramp in the parking lot and voile a new ramp was built. He told them about the restrooms, voile, they have 2 Town Commission Regular Meeting & Public Hearing 1 -9 -15 been remodeled. He told them about the poorly designed security pad and now he noticed that a new pad had been installed lower and said very good. He also stated that he told them about the locked doors, fire exists that have to be opened during Town Hall and now they are. He told them about social security numbers on the Town's website and now they're gone. He stated that while he was on the subject, the lock on the restroom doors was too high and that a handicapped person couldn't use them. He stated that the ramp needed a railing and he was just telling them this so a lawyer didn't come in here and sue them. Just for their information. He stated that when he sees a problem he wants to fix it and when he sees something wrong he wants to right it. About six months ago, Mr. Sweetapple, on behalf of Mayor Morgan, told him to dismiss all his complaints against the Town and in exchange the Town would exclude me from the forty page RICO action that was prepared at that time against Mr. O'Boyle and himself. It was a take it or leave it offer. A few months ago Mayor Morgan made the very same take it or leave it offer again. He doesn't hear very well, so sometimes he has to go back and read the minutes to know what happened at the meeting. Now that he has examined those minutes he finds that the Commission has given no authority to Mr. Morgan to act on their behalf in these legal matters, except for some BAR complaint which he doesn't know anything about. He stated that Mayor Morgan has acted without Commission knowledge, direction or approval. He asked if the Commission wanted that to continue or give him authority to act on their behalf with the attorneys? There was no answer. He continued that the threat of an impending RICO claim against him was terribly debilitating, it was disturbing to him and his family, not knowing if people were now casting him in the roll of the Town's ugly description. He said it was stressful and destabilizing not knowing if he would be charged with organized crime and have to defend himself. He asked them all again, if they would retract their previous claims that he conspired to defraud the Town He thanked them very much. Mayor Morgan advised Mr. O'Hare that this was a public comment section not a Q & A. He also asked if there was anyone else. Mr. O'Boyle was recognized and stated that his name was Martin O'Boyle, 23 Hidden Harbor Drive, Gulf Stream. That he had a few words to say but before he said them he wanted to respond to Mr. Martinez. He stated that the United States Supreme Court allowed him to sit down during the Pledge of Allegiance. He stated that the United States Supreme Court was one of three bodies of the government. He stated that if you didn't like what the Supreme Court does you should petition them to change it. He stated that he came here today in peace and with the hope that the Town Commission wished to end the 3 Town Commission Regular Meeting & Public Hearing 1 -9 -15 litigation and expense between them as he sees it spiraling out of control, something that he didn't want to see happen and he assumed the Commission didn't want to see happen. He stated that the bills were going to be in an area that none of them probably ever imagined and so it was in this spirit that he requestd that the Commission or the Council, as the case may be, agree to a sit down with our Counsel and with them as there's no lose and all win. He stated that if nothing could be resolved they'd lose nothing, if something could be resolved they'd save him, and them a great deal of money and there are other thorny items that could certainly be put into a settlement agreement with the plethora of lawyers up there now. Despite what he just said, he asked that they please don't make a mistake that his desire for peace is laced with fear. So he wants to make it clear that he fears not our Mayor, Commission or solicitor nor their illusive RICO action. But nonetheless he thinks it's in everyone's best interest to try to come to a resolution recognizing no loss, all gain. He said that unfortunately he's been out of town for the last few months and has not been at a meeting, but he's watched them and said they are great on TV. He also stated that they have a decorum policy that's not being enforced. He asked that either the solicitor or the Chief of Police to please revisit the decorum policy and enforce it as it should be. He stated that last night he read the Agenda and he saw a new sign ordinance. He asked where that came from and were we going to talk about it later. He thanked him for allowing him to speak. Mayor Morgan advised Mr. O'Boyle that this was a comment period, and that question and answer would be brought up later in the agenda and that he would be able to ask questions at that time. Mayor Morgan asked Mr. Brannon about the undergrounding report. VIII. Reports. A. Utility Undergrounding - Danny Brannon (Engineer) Mr. Brannon was recognized and stated Danny Brannon, Brannon & Gillespie glad to be here this morning. He advised that as he had indicated at the last Commission meeting, they were expecting the prints from the contractor and they did get them the next day and they have been forwarded on. The binding cost estimate from Florida Power and Light Company was delivered this morning at 8:30AM. He said they haven't looked at them yet but they have it in their hands and now can move forward with that. He said that right now in Phase I it appeared that they're about 14 of 1% over budget of their expected expenses to complete the project are on track, they are pretty close as they may not have used all the landscaping money, but they're very close on the budget on Phase I. 4 Town Commission Regular Meeting & Public Hearing 1 -9 -15 Commissioner Ganger posed the following question asking if that included the contingency in Phase I or just the budget. Mr. Brannon replied that it's in the total budget including the contingency. Commissioner Ganger said, so we've used the contingency. Mr. Brannon replied yes and that's indicated on page 5 of their packet. The demonstration street light from the vendor is being shipped and they're expecting a local distributor to be contacting them. They will be delivering it to the Town Hall soon and they will get it installed. They expect to get it in a week or two. He stated that those were the main points of the status at this point. He said they will be moving forward with the design work to try to get their packages put together to go after bid for Phase 2 as soon as possible. Commissioner Ganger asked if the contingency in the initial budget of Phase 2 was proportionate to the contingency in Phase 1. Mr. Brannon replied that Phase 1 is 2.4 million and Phase 2 is 3 million. Commissioner Ganger asked if Mr. Brannon thought that, based upon experience, in using the contingency in Phase 1 that there really isn't a contingency in Phase 2, or were they separate issues. Mr. Brannon stated that he thought that Phase 2 would be tight. He thinks that it is going to consume the contingency of Phase 2 also. He stated that some of it had to do with the delays in getting AT &T and Comcast executed. He said that they had other projects that they've seen in the past that were dragging out because of this. Mr. Ganger stated that they had already paid for AT &T last December for the upcoming year and asked if there was any way they can wiggle out of that. Mr. Brannon stated that AT &T's contract said that they estimate their costs to convert and that the building will be actual and it will be trued up at the end of construction. So they were paid their estimated cost. He stated that with Comcast, typically their estimated costs are their cost. AT &T's varies and it generally will be a little more than they estimated. Commissioner Ganger asked if we had an active program to figure out if we can keep ourselves from overspending this budget because we've 5 Town Commission Regular Meeting & Public Hearing 1 -9 -15 already paid for it. He paid for it, Mr. Morgan paid for it, they all paid for it. Mr. Brannon stated yes I think we had 50% of the project cost paid up front when the residents were given the option of paying upfront or financing. Commissioner Ganger said no one residents of this community and be presented that fundamentally shave from the estimated costs emphasized that overspending on not happen. would want to go back to the say oops. He believed a plan should says was there any opportunity to so that they do not overspend. He this project is something that must Mr. Brannon indicated that they worked very diligently to keep the costs down. Commissioner Ganger said he appreciated that and a contingency is just what it is. The contingency is there because you don't know everything and to make sure that they've got something in there for what they don't know. They now had a years experience actually doing the job so he thinks they would be better served now to go back and say was there any way they could spend more efficiently in Phase 2 so they don't overspend. Mr. Ganger said he hated to be a broken needle on this and apologized to the Commission, commenting that he put a lot of his time on this over the many years and hated to see it go off the tracks. Mayor Morgan stated that these are good points and asked Mr. Brannon to take it as gentle encouragement. Mr. Brannon stated that he would. Mayor Morgan asked if there were any other questions and thanked Mr. Brannon. Mayor Morgan called on the Town Manager regarding ethics training. B. Town Manager - Ethics Training Mr. Thrasher stated that just as a reminder as of January 1, 2015, all elected officials had to go through additional training, 4 hours of training, there's 2 hours on ethics, 1 hour on open meetings and 1 hour on open records. He is expecting that the Florida League of Cities will provide the opportunity for them to do that on line rather than set up a special meeting here or somewhere else. But as L' Town Commission Regular Meeting & Public Hearing 1 -9 -15 soon as that is finalized he said he would make sure they have that information, most likely that very same day. Mayor Morgan asked when this had to be completed by. Mr. Thrasher advised that the information that he had so far is March 31st so that gave them about 90 days from January 1st. However, there weren't any online training options right now. He stated that the Palm Beach County League of Cities had a Palm Beach State College opportunity, he thinks in the middle of the month. He stated he had been informed repeatedly that the Florida League of Cities was developing an online training program and as soon as he had that information he would pass it on to them. Mayor Morgan thanked Mr. Thrasher. He advised that the Architectural Review Board will meet on January 22nd and he looked forward to the minutes of that meeting. C. Architectural Review & Planning Board 1. Meeting Dates a. January 22, 2015 @ 8:30 A.M. b. February 26, 2015 @ 8:30 A.M. C. March 26, 2015 @ 8:30 A.M. d. April 23, 2015 @ 8:30 A.M. e. May 28, 2015 @ 8:30 A.M. D. Finance Director 1. Financial Report for December 2014 There were no comments or questions regarding the report and Mayor Morgan declared it approved as submitted. E. Police Chief - 1. Activity for December 2014 There were no comments or questions and it was approved as submitted. IX. Items for Commission Action. A. Ordinance No. 15/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING CHAPTER 66, ZONING, OF THE TOWN CODE OF ORDINANCES, AT ARTICLE VII, NORTH OCEAN BOULEVARD OVERLAY DISTRICT, BY DELETING SECTION 66- 327, SIGNS, IN ITS ENTIRETY; FURTHER AMENDING ARTICLE VIII SUPPLEMENTAL DISTRICT REGULATION, DIVISION 7, SIGNS, BY DELETING SECTIONS 66 -446, 66 -447 AND 66 -448 AND REPLACING SAID SECTIONS WITH REGULATIONS WHICH ESTABLISH THE TOWN AND RENUMBERING EXISTING SECTION 66 -449, UNDERGROUNDING OF UTILITIES, AS SECTION 66- 7 Town Commission Regular Meeting & Public Hearing 1 -9 -15 450; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE, THIS 9TH DAY OF JANUARY, 2015. The Town Clerk read Ordinance 15/1 by title. Mayor Morgan advised that this was an ordinance that they had all reviewed and asked the Town Attorney to explain the significance of it. Mr. Randolph stated that he made a couple of grammatical changes in the ordinance that they had before them that he'd like to go through. First of all at 66 -446A he added the word "of" so it reads "the purpose and intent of the regulations in this division is to establish content neutral graphic controls to the promotion (of) identification ". He didn't think the word "of" was in the documents they had in front of them. He also changed Item 6 to read as follows: allow the proper placement of legible and effective signs while avoiding the over concentration and excessive height, bulk, density and area of signs placed in the Town. There is a comma out of place, but I don't think that is substantive enough to bring to your attention because I can't find it right now. Town Clerk advised that it was on page 5. Mr. Randolph stated Item F on page 5, it said that no signs other than government signs, are permitted on public property or within the rights of way and he didn't think that they had the word town inserted in the document they had, it just said rights of way. He reminded there has been a challenge as to the facial constitutionality of the current sign ordinance which is contained within 66 -466 and 66 -448. That ordinance draws distinctions between political signs, real estate signs, and other kinds of signs. Although he felt that the existing sign ordinance is appropriate, because of the fact that there is a challenge to the constitutionality of the ordinance, he had prepared this ordinance in an attempt to make their ordinance content neutral. He said that some say that if you have to look at the content of a sign to determine whether it's legal or not, that it's not content neutral and therefore, not constitutional. He pointed out this ordinance had been drafted in a way so as to not distinguish between the type of sign or the language on a sign, it simply provided regulations relating to signs generally and it has a definition of sign, it has time, place and manner regulations pertaining to signs and that's what they can regulate, time, place and manner, not content. So it has provision that states no bigger than 4 feet in height including 8 Town Commission Regular Meeting & Public Hearing 1 -9 -15 the supporting pole. The sign face of any sign shall not exceed 4 square feet. Each property in the Town shall be permitted to have a maximum of 12 square feet of sign face. All signs should be set back 10 feet from any property line. No sign shall be erected or placed such that it blocks the views of any government sign or the sight lines of traffic street signs or traffic signals. No signs other than government signs were permitted on public property or within the rights of way. No sign may be attached or fixed or painted or otherwise placed on any dwelling or any other building associated with the dwelling, including, but not limited to sheds, carports, garages and pool houses. The government signs are not subject to the restrictions in Subsections A through G above. There is an exemption for mailboxes which are regulated by the Federal Government to be allowed within the rights of way. So that's the purpose of this ordinance. We have also deleted from your Code that section relating to signs at Section 66 -327 which states signs shall be prohibited within the North Ocean Overlay District except the following. And then it distinguishes between the types of signs that can be allowed in that district. He thought it best to delete that section in its entirety and just have a straight regulation in regard to time, place and manner of signs in general so as to not allow for exemptions for real estate signs, political signs or even make any distinguishing remarks between those. He stated that he would be happy to answer any questions that they may have in regard to this. Rita had given it to them in advance so they would have an opportunity to look at it and ask any questions that they might have. I think it's important that you look at 66 -446 which sets forth the legislative purpose and intent. He thought, for the record he would just go through those. To preserve, protect and promote the public health safety and welfare in general. Preserve and enhance the aesthetics and physical appearance of the Town, protect and preserve the image character, style and quality of life that the Town desires. To minimize visual distractions. To safeguard the public views and nature of the Town's streets, etc. etc. He stated that you had it all so it didn't need to be read. But the whereas clauses recited some of the case law relating to signs and the constitutionality of signs and provided that although we are a municipality, may regulate aesthetics that we need to make sure our ordinances are content neutral and are simply time, place and manner restrictions. So that's the purpose of this, he recommended it for first reading today and second reading at a subsequent time. Mayor Morgan asked if there were any questions of Counsel. Commissioner Ganger said he had a very general question which was when this ordinance is eventually approved and becomes law, would E Town Commission Regular Meeting & Public Hearing 1 -9 -15 people notice the difference? Just a general question, it seemed to me that ... Mr. Randolph stated that he was not sure if they would notice. Commissioner Ganger continued and said he appreciated and understood and applauded Mr. Randolph for taking the time to think this through, but he read it 2 or 3 times and he had to say that it's just common sense almost. It follows the law and it's... Mr. Randolph stated that he didn't know if they would notice the difference but this would allow a sign to be 4 square feet, they now have a distinction between real estate signs and other signs and their real estate signs are only required to be 2 square feet. In answer to your question, he didn't know how much people would notice the.difference between a 2 square foot real estate sign and a 4 square foot real estate sign. But it was a change and it's one they needed to give consideration to prior to adoption of this ordinance. He said they needed to be aware that there would be some changes. Mayor Morgan stated that he thought there would be some changes, he agreed with Comm. Ganger, he didn't think it was terribly significant, he thought facially our current ordinance is constitutional, however, the Courts do appear to be split on interpreting a number of these provisions and so this ordinance goes a long way to essentially tracking the middle and allowing he thinks a more neutral interpretation of the ordinance which protects us from lawsuits such as the one that's been vowed against us on the current ordinance. So if this goes toward helping protect the Town, then he thinks we should do it. Commissioner Orthwein stated that she agreed. Mayor Morgan asked if there were any other questions or questions from the public? Mr. O'Hare was recognized and thanked the Mayor for allowing him to talk on this law before it was passed. He understand Judge Middlebrooks had told the Town that existing ordinances were constitutionally faulty. Mr. Randolph evidently disagreed with Judge Middlebrooks. The proposed replacement ordinance is confusing to him and so he knew how to properly comply and avoid a code enforcement action, he asked the Commission for some clarification. First, is it correct that a nonconforming sign would be able to remain? Attorney Randolph stated that he did not think that temporary signs would be something that would be able to remain, but nonconforming 10 Town Commission Regular Meeting & Public Hearing 1 -9 -15 signs that are part of a structure such as a sign that's affixed to a condominium and has been there prior to the adoption of this ordinance, would be grandfathered in, but he doesn't believe that anything that is of a temporary nature would be grandfathered in. Mr. O'Hare thanked Attorney Randolph and stated that he agreed with the Town's purpose and keeping Gulf Stream beautiful. He didn't want to see a whole bunch of signs either, he was concerned about the Gulf Stream Club, the Gulf Stream School and said there were a lot of existing signs that don't conform and if they once conformed and are, therefore, not conforming, that they should be exempt from this kind of regulation. He said Mr. Randolph did a great job summing up the ordinance. The proposed ordinance defined sign as any object manufactured in any manner used for attracting the attention of the public to any subject. That's broad and he can understand why they need it to be broad. The sign can't be any more than 4 feet above the ground, it can't be any bigger than 4 square feet, which is 2 x 2, and can't be more than a cumulative 12 square feet which is 3, 2 x 2 signs or less if you count both sides. The sign must be 10 feet back from the property line, it can't be attached to the house, it can't be on public property or in the right of way. He said he took some pictures around Town, and he wondered if he could give them to the Clerk if the Commissioners are interested in following along with him or he could just show them to the camera. Mr. O'Hare mentioned Lemonade sign, holiday lights, inflatable santa, informational signs, service entrance, beware of dog, no trespassing, ADT, Comcast, Halloween decorations, signs that do not conform to the Town's ordinance, signs on vehicles and asked if they would be exempt and if they would be enforcing this code on AIA. He pointed out that the sign in front of the Gulf Stream School was never permitted so it can't be grandfathered. Mayor Morgan stated that he would defer to counsel on that but he thinks that rights of way that are governed by the State preempting. The Mayor commented that quite a bit of work has been done here and Mr. O'Hare has raised some interesting questions. He asked Mr. O'Hare if it was his intention to file suit against the Town should they pass this ordinance based on these signs in these pictures. Mr. O'Hare stated that he was having trouble hearing. Mayor Morgan repeated the question. Mr. O'Hare stated that it is his understanding that a citizen did not have standing to force a Town to enforce a law. He had no intention, he was trying to protect the Town and do the right thing. You're 11 Town Commission Regular Meeting & Public Hearing 1 -9 -15 passing an ordinance that's broad and perhaps it needs to be better defined. We've got a lot of ordinances that are broad and it's left to the discretion of Mr. Thrasher if he wants to bring someone to task on it and as a property owner I'd like to comply with the law. It's tough when you don't quite know what the law is so I'm asking what the law really is, Mr. O'Hare said. Mayor Morgan thanked Mr. O'Hare and advised him that he gave them food for thought. Attorney Randolph stated that he didn't know if we had all the answers today and thinks he raised some good points such as the child's lemonade stand. The problem when you try to make an ordinance content neutral, is when you start to make exceptions, even for a child's lemonade stand, that could create problems so those are issues that you may want to give consideration to for a second reading but you raises issues that were very legitimate but the more exceptions you allow, the more opportunity your ordinance becomes subject to attack. Mr. O'Hare stated that he knew Mr. Randolph had a tough job and this is particularly tough when you have federal constitutional issues involved and try to keep the Town beautiful, but for people on this side of the podium who have to follow the law, clear direction is so much better than leaving it up to the discretion of whether one person's lemonade sign is okay for a day, but someone else's sign of Mr. Thrasher dressed as Napoleon is not okay so he's trying to be clear. He thanked them for their comment. Attorney Randolph stated that he thought they could be as definitive as they can with the definition of sign and it's not a definition that they just made up, it's a definition that they've seen in ordinances that have withstood constitutional attack. Mayor Morgan stated that they had to have common sense on this, it's palpably absurd to say that a lemonade stand put up by a child for a couple of hours to sell some lemonade on the street is going to somehow fall afoul of an ordinance and deserves some sort of prosecution. We're all adults, we're all family members, we're all part of a community and he thinks the application of our codes has always been with the best interests of our residents at heart and to try to apply things fairly and reasonably and he would expect that this ordinance would be applied in the exact same way. Mr. Martinez stated to Mr. O'Hare that he appreciated the energy he was putting into trying to make the Town a better place and certainly well meant, but on the other hand when he walked around the Town he thinks when you look at the intent, that lemonade stand and those 12 Town Commission Regular Meeting & Public Hearing 1 -9 -15 young girls that stand there with their mother or parents, the intent for them is very wholesome. He didn't think anyone ever complained, and that it came from a kind place in the heart so as human beings they had to look at things logically for what the intent of the sign is, is it to defame somebody? Or are those signs just good will, it's just a Norman Rockwell picture as far as he's concerned. He stated that as he has walked around and seen those little girls with the lemonade, they certainly don't bother him and anyone who walked around or he talked to in the neighborhood had never brought it to his attention, not that he's the voice of Gulfstream, but he tries to think about things logically. As far as Santa Clauses and Halloween, they are holidays that are celebrated across America and people put those up with good will. Some people go overboard and do nicer Halloween decorations and those were different signs. So at the end of the day what they have to do is look at things from human nature, what's the intent of the sign, are they trying to defame somebody, do we associate Bill Thrasher or anyone in the Town as somebody more deviant. He said he didn't know if that was wholesome and he didn't want his kids or grandkids walking around and seeing that sign. He stated that he would never mind his kids seeing someone with a lemonade stand or Christmas sign. He thinks that they should look at it as far as the intent. He said he know he's doing a lot of work and would be more than glad to help out and align our visions together. We can all work together to make this a better Town because the one thing he would agree on is there's a lot of talent here and he didn't want to fight against it but be with it. And honestly like he said when he first came over here, you guys are doing a phenomenal job. Attorney Randolph asked if he could address that statement and put on the record that he understands this gentlemen is good at intent. But the point he is trying to make to you is that you can't regulate the intent, it must be neutral so that's what they're trying to do with this ordinance, to make the content neutral so they're not dealing with a sign that's allegedly defaming someone or a sign that's posting a property for sale, that's what they're trying to avoid. Commissioner Ganger stated that the transient nature of some signs, a plumber that pulls into a driveway with a truck that says Joe's Plumber is not a sign as he thinks of it, it's for his commercial property, is doing a job and identifying who he is and off he goes. He thinks to some extent we may want to massage this to make it clearer as to moving or transient signs... Attorney Randolph stated that he didn't think they needed that as this ordinance deals with signs on property. 13 Town Commission Regular Meeting & Public Hearing 1 -9 -15 Commissioner Ganger said okay, but the photograph shows.. again to get down to common sense, a truck that's parked in your driveway with a sign on it is a transient not a permanent sign, it's not even a sign that's likely to be there overnight, it's just there for a short period of time. To me your proposed language is entirely clear, that it would not be considered a sign as defined. Attorney Randolph added that that was his intent. They can't regulate every vehicle that goes through the Town. Mayor Morgan stated that he thought his reading was correct. Mayor Morgan recognized Christine Dehaseth who stated that it's a shame that we have to get to this point to look beyond what is natural and common nature and intent and good hearted and as part of a community the idea to protect the image and character and quality of life is wonderful. She understood that it has to be content neutral. She said she would just like to say as a parent and many parents over at Gulf Stream School, to drive by and try to explain to your 4 or 5 year old what a douche bag is because of signs in front of the Town Hall is horrible. She understood it has to be content neutral, but cautioned not to be fooled that the decorum has to extend long and well beyond this Commission's chamber. It's gotten to the point where it's ridiculous and she's sad to be at this point she said. Mayor Morgan thanked Ms. Dehaseth and stated that there is only so much that they could do, whether it's upbringing, or attitude or narcissism whatever it is, people want to act in that fashion and if it's something that is constitutionally protected there's little that can be done about it. They appeal to the good nature as she and Mr. Martinez did, to act appropriately with decency for the community in which we live and that's the nature to which you appeal and hopes that behavior will change in the future. Mayor Morgan recognized Mr. O'Boyle who said: Good morning again. The first amendment of the constitution protected freedom of speech. It does not protect the freedom of speech of someone saying hello how are you, it protects the other side that is unpopular speech. Granted there's popular speech and unpopular speech. The unpopular speech is protected by the Constitution of the United States and I would assume that the residents of Gulf Stream, the people in the County of Palm Beach, the State of Florida and United States of America would respect the law of our land. That's all I have to say about them. Mr. Randolph I was writing quickly and I didn't know if what I wrote was correct. So, if I can ask, did you say that the existing ordinance is constitutional? 14 Town Commission Regular Meeting & Public Hearing 1 -9 -15 Attorney Randolph stated no. He indicated that the Town had an ordinance in place at 66 -327 and 66- 446 -448, that's been in existence for a long time that the Town, until recently, hadn't had problems with. However, because that ordinance is being challenged, he believed that it is right and right for the Council to look at it and consider the content neutrality, and the time, place and manner of restrictions in the way it's been addressed within this ordinance. Mr. O'Boyle stated that he understood but asked if he was correct in saying he heard you say the existing ordinance is constitutional? Attorney Randolph stated that he didn't know that he said it just like that. Mayor Morgan stated that he believed it was, he thought our ordinance was constitutional, but as you know, because you filed the lawsuits involving it, there's case law across the books. Judges interpret things in myriad fashions, there's uncertainly there, particularly when you get into first amendment law, as you know. And so all we're trying to do is clarify that and make it totally content neutral so that we avoid lawsuits such as the one you would bring against the Town. So is something constitutional, is something not constitutional, that's up to the Courts to decide. The Town is trying to prevent lawsuits, trying to get the Town to continue to function as it always had functioned without the distractions and expenses of lawsuits brought by people like him. Mr. O'Boyle stated that he was in full agreement with Mayor Morgan's statement that he made. He stated, just so I'm clear, you believe notwithstanding the order of the Court that the present ordinance is constitutional. Mayor Morgan stated he did, that's his opinion. Mr. O'Boyle asked Mayor Morgan and absent the content neutral provision, you would agree that it's constitutional as well Mr. Randolph? Mayor Morgan stated to Mr. O'Boyle that they did questions and answers here and he would be glad to give his opinion, but he thinks for counsel to give a legal opinion based on an ordinance that is part of a litigation would be inappropriate. He didn't think that he should respond to that sort of question for whatever that's worth. He stated that he is not involved in that suit. He thinks that's probably the extent of it and if he wanted to comment on the ordinance that's being considered right now, then it would be 15 Town Commission Regular Meeting & Public Hearing 1 -9 -15 appropriate. But to further go into what you have filed a lawsuit on and is subject to Court review would be inappropriate at this time. Mr. O'Boyle stated fair enough and asked Attorney Randolph if he believed the new ordinance is constitutional. Attorney Randolph replied yes. Mr. O'Boyle said and you as well Mr. Morgan? Mayor Morgan replied yes I do. Mr. O'Boyle replied that's fine. He said he did not see what Mr. O'Hare showed the Commission but did get a little glimpse of it, but he didn't get any answers to his questions. He then asked the Mayor if he intended to answer the questions regarding those various inquiries? Mayor Morgan stated that he thought he was raising questions for their consideration that's why he asked him was he intending to pursue legal action based on the differences he found in the ordinance and in the photographs of signs that he had presented to US. He said no, that he was just trying to give the Town essentially food for thought to consider with the passing of this ordinance. Mr. O'Boyle stated right and asked Mr. O'Hare if he was expecting a response to his questions. Mr. O'Hare replied that he just wanted to know what to do, how to act and what use he could put his property to and still be lawful because once the ordinance is passed, he didn't want to break the law. Mayor Morgan replied sure, let's get the ordinance passed and it's pretty much self explanatory, he thought it's clear, Mr. Ganger stated he thought it was clear. Mayor Morgan thought a number of these things didn't even fall under the purview of this ordinance. Attorney Randolph stated that what they're dealing with here is a facial constitutionality question. They're trying to address the facial constitutionally of it. If there's going to be an applied challenge at some time in the future, then they have to deal with that at the time. They're not talking about an as applied challenge, they're talking about a facial constitutionality. We may not have an answer to some of these questions raised today, and we may have to deal with that at some future time, he said. He felt several of the comments that were made were addressed. Commissioner Ganger spoke in regard to the transient nature of the vehicles. He pointed out that 16 Town Commission Regular Meeting & Public Hearing 1 -9 -15 they had talked about the lemonade stand and that he answered that in a purely legal way, saying that you can't distinguish between a lemonade stand and something else. Those are things from a practical standpoint that you're going to have to look at down the line, but they're dealing with a facial constitutionality of the ordinance at this point. Mayor Morgan stated well said. Mr. O'Hare stepped up and said that it's not just a burden on the homeowners to not be sure that's legal and not be legal, but people like Lt. Allen here, he's driving around and he has to know what to enforce. Now if he decides this sign is okay, this sign no, they're going to throw the book at him. Well that's selective enforcement. It's not fair to him or any of the other officers to have to make a distinction driving around town. Is a big skeleton illegal? I'm not going to bother with that, that's ridiculous but that's the law. The law should be clear so that everyone understands it. That's all, thank you. Mr. O'Boyle stated that he would close with one question directed to the Mayor referring to Commissioner Ganger and what Commissioner Ganger said when dealing with trucks with signage. He asked if he meant that trucks with signage would be permitted in Gulf Stream? Commissioner Ganger replied that commercial trucks identifying who the commerce is...it's a plumber .... it's a baker.... it's whatever, have always been permitted and there's no change as far as he is concerned versus the current ordinance and this. Mr. O'Boyle said if it said Mr. Ganger's a creep that's no good? Commissioner Ganger asked, is that the commercial creep company or what. Mr. O'Boyle said it would not be the creep company. Commissioner Ganger asked so what is it? Mr. O'Boyle stated that it's just a name making a political statement which you're allowed to do in America. Commissioner Ganger asked, for commercial purposes? Mr. O'Boyle answered, no for political purposes. 17 Town Commission Regular Meeting & Public Hearing 1 -9 -15 Mayor Morgan stated that had nothing to do with this ordinance. He stated that Mr. O'Boyle was just raising questions to talk and pointed out that this ordinance has to do with signs on property, and Mr. O'Boyle is talking about trucks driving down the street. Mr. O'Boyle asked so this does not include trucks driving down the street? Mayor Morgan stated that's not how he read this. Mr. O'Boyle asked, and Mr. Randolph? Attorney Randolph stated that the ordinance speaks for itself, and he didn't think this was the time for Q & A with regard to what might happen. He thinks these are all legitimate questions to be raised. He stated that Mr. O'Boyle heard him loud and clear when he said that the Town cannot look at the content of a sign to determine whether it's legal. If it says Mr. Ganger is a creep and it's otherwise legal under this ordinance, then it's absolutely fine. Whether it says we love Mr. Ganger or we think he's a creep, that's not something we can deal with and he thought that's the intent of the ordinance and that the ordinance speaks for itself. Mr. O'Boyle asked if trucks with Mr. Ganger is a creep would or would not be permitted. Attorney Randolph stated that he would not get into a Q & A with him with regard to that and he might want to address that in Court when he goes to Court. Mr. O'Boyle stated that he didn't want to go to Court, he wanted an answer as Mr.... Mayor Morgan explained that it is not the content, it's the sign. Mr. O'Boyle stated that's good enough, thank you all. Mayor Morgan asked if there were any other comments and recognized Mr. Martinez. Mr. Martinez stated that he just had the opportunity to work with the Police Dept. and being a reserve in Ocean Ridge, the benefit of the truck signs is for Lt. Allen and Chief Ward to be able to identify who's working in the development or a house and it makes it a little bit easier for them. It also helps them to align their vision to see if they have a decal that says Town of Gulf Stream on the vehicle so it protects us as homeowners. He thinks those are two different 18 Town Commission Regular Meeting & Public Hearing 1 -9 -15 things. He stated that personally if somebody had a sign that said Bob Ganger's a creep, legal or not, it would be extremely inappropriate. He said if there's anybody he knows on the Town Commission its Bob Ganger and he always thought when he grew up he wanted to be like him. But he believed the intent is that all are trying to work together in making this a better Town. He stated that right now he found this the best Town around, but if anybody could share with him what's a better Town, he would be glad to find out what they're doing and share it. He added that he was just trying to add a little more dimension as a homeowner. Mayor Morgan thanked Mr. Martinez and asked if there was anyone else. If not we have ordinance 15/1 for consideration. Is there a motion to approve on first reading. Mr. Ganger made a motion to approve on first reading Ordinance No. 15/1 and it was seconded by Commissioner Orthwein with all voting AYE at roll call. The Town Clerk advised that we probably needed a Special Meeting to go to second reading on this particular ordinance and we had to have advertising time. She suggested an appropriate time would be during the last week of January. The 29th is not available so they would have Monday, Tuesday, Wednesday or Friday. Mayor Morgan asked Monday is what day? Commissioner Ganger advised that he is free on January 26th but not so the remainder of the week. All Commissioners agreed that the Special Meeting would be held on January 26, 2015 at 9:00 A.M. Commissioner Ganger asked to have stated the single purpose for the meeting and was advised it is to have the second reading of the Ordinance No. 15/1. B. Items by Attorney 1. Reimbursement for Attorney Sweetapple. Attorney Randolph reminded that Mr. Sweetapple had been appointed to represent them in several cases against the Town and advised that his firm has been sued as a result of its being involved in the Citizens Awareness Foundation suit. Attorney Randolph further advised that his insurance company is defending him in these lawsuits but they are having to be out of pocket for these expenses until their deductible, which is a $25,000 deductible, has been met. He said that Mr. Sweetapple has asked that, because this suit results from his activities on behalf of the Town, the Town Commission handle his attorney fees up to the amount of the deductible. He stated that he 19 Town Commission Regular Meeting & Public Hearing 1 -9 -15 brings this before the Commission because of a request that was made by Mr. Sweetapple that the Commission needs to give consideration to and that's the issue before the Commission. Commissioner Ganger stated that he is unaware as to what the substance of that lawsuit is. Mayor Morgan explained that it is a lawsuit brought against himself and Sweetapple based on defamation of character and various other things. It is a suit brought, in my opinion, to try to undermine Mr. Sweetapples representation of this town and therefore he would not be in the position of getting sued had he not taken on our representation and handled it in the fashion he is handling it. He has a deductible in his policy and it would seem reasonable to me that we help cover that expense since he wouldn't be in that position if we had not asked him to represent the Town. Commissioner Ganger asked if there is a limitation on how much we would be helping with since we are also compensating him for his services as an attorney. The Mayor explained that insurance policy has assigned counsel but there is a $25,000 deductible and that's the obligation he would be responsible for and that's what he is asking for us to cover up to. Commissioner Stanley asked if we have confirmation that his liability carrier is going to or currently is defending him in the suite to which Attorney Randolph replied that his information comes thru Mr. Sweetapple and he has been given the name of the law firm that is representing him. Commissioner Orthwein asked if this is normal and why would we be paying his deductible. Attorney Randolph said we would basically be pa be out of pocket because of the result of being lawsuit. It's not as you are paying his deductible so to compensating him for his out of pocket expenses defending himself in the lawsuit that he became he is representing the Town. ying fees that he will involved in the speak but you are that are involved in involved in because Commissioner Ganger asked that if legal expenses can be recovered would the town get its money back. Attorney Randolph stated that he would think so but he did not know the extent to which legal fees are recoverable because he is not OFE Town Commission Regular Meeting & Public Hearing 1 -9 -15 personally that familiar with the lawsuit. He said that could be made a condition or an addition in the event the Commission chooses to reimburse those fees if they are recoverable. Commissioner White asked if this is a common practice to which Mr. Randolph replied that he had not seen it happen. Commissioner Ganger commented that one hates to see one's own attorney being blindsided where in good faith we have asked him to represent us and he didn't think we would have assumed that someone would sue him for representing us. He found this whole thing to be outrageous and disgusting. He felt Mr. Sweetapple's goodwill and his reputation needs to be defended as does ours. Commissioner Ganger moved to approve reimbursement of his legal expenses up to $25,000 with the condition that the Town be reimbursed if those fees are recoverable. Commissioner Orthwein questioned if it is possible to learn more about this and is it a common practice. Attorney Randolph remarked that the matter could be deferred to the Special Meeting on January 26, 2015 at which he would bring back what information he could find with regard to previous situations such as this. Town Manager Thrasher asked to comment at this point and Mayor Morgan agreed to the request. Mr. Thrasher stated that no one should believe that we are not committed to defending this. He reported that the Town has contingencies sufficient for that loss and, from a staff perspective, he recommended that the Commission approve the motion at this meeting if possible. He felt it important that we show strong support as what we have expected from him. Mayor Morgan believed Mr. Sweetapple would not be requesting it unless in good faith he thought it was due and appropriate for the Town to cover that expense. He pointed out that he trusts him, he has supported us and been invaluable in putting together the defense to protect this town and I am in favor of it. The Mayor said if the Commission wants more information and would want to defer the matter, that would be O.K. too. Commissioner Stanley stated that he had not seen a situation like this either but if it is to be deferred, it should be decided at this time exactly what the Commission is looking for in order to make the decision at the Special Meeting. He didn't think a whole lot was going to happen in the span of 14 days. 21 Town Commission Regular Meeting & Public Hearing 1 -9 -15 Mayor Morgan thought this request should be approved at this meeting but would be in agreement to deferring to the Special Meeting if the Commission would be more comfortable with it. Commissioner Stanley believed if it is to be approved at this meeting then we should have a letter advising the name of the law firm handling the suit on behalf of Mr. Sweetapple's law firm, that they are indeed handling the case on behalf of the carrier and confirming the amount of the deductible and their hourly rate, along with the amount of expense that has been incurred to date. Commissioner Ganger confirmed that his motion stands with the amended language as offered herein by Commissioner Stanley. Commissioner White seconded the motion. Attorney Randolph asked if he is to obtain this additional information that has been verbalized. Mayor Morgan confirmed this adding "from Counsel to you as Counsel to the Town ". Mr. O'Hare asked if he could comment before this is made official action to which Mayor Morgan answered, yes. Mr. O'Hare said: This is the first time I heard about this law suit. It sounds like it's about Mr. Sweetapple doing something wrong. Attorneys represent Towns across the country but they know when to keep their mouth shut. Because Mr. Sweetapple might have said the wrong thing is not the Towns responsibility. Now $25,000, that's sweet. For you also have to know for months I've been trying to disqualify Mr. Sweetapple `cause he used to represent me. And, it's not right, in my opinion, that he is now representing against me. He's already charged the town $20,000 for that. That's not the towns fault. He had an obligation to tell you that I was his client and he didn't. That's Sweetapples fault. For him to charge you $20,000 for that and $25,000 this ... there is a law against that. It's called fiduciary responsibility with the public money. Please think carefully before you continue to spend the public money to defend Mr. Sweetapple. I agree with you. He's a very unusual attorney with unusual methods. Mayor Morgan said: You filed your motion in that case and that will be judicially decided. Any other questions from the public? There was no other comment from the public, the Town Clerk called the role with regard to the motion and the Commission unanimously voted AYE, in favor of the motion. C. Items by Mayor and Commissioners 1. Proposed Legislation - Public Record Law. 22 Town Commission Regular Meeting & Public Hearing 1 -9 -15 Vice Mayor Ganger explained in detail that the Florida League of Cities and the Palm Beach County League of Cities are mounting an effort to bring forth some amendments to the existing public records law and that he and Town Manager Thrasher have attended four committee meetings in regard to this effort. He further explained that the State Legislature meets for a very short period each year and that for this year there are over 500 pieces of legislation that are being submitted for consideration. As a result, the League has selected a short list of 10 that they will be supporting for legislative action and the bills to amend the public records are one of the 10. He said that the language in the bills is not exactly to the committees satisfaction but is being refined with caution in that there is no movement to remove the public records act entirely (it is a good law) but would make it more difficult for those who are taking advantage of it. He cautioned that it may not make it thru the Legislature this year but with the amount of support around the State, it is expected that this effort will be continued until some success results. Mayor Morgan commended Vice Mayor Ganger and Town Manager Thrasher for their work and the time they have given in this regard as did Commissioner Orthwein. Mr. O'Boyle asked to speak and said the following: Thank you Mayor for this opportunity. I heard what Mr. Ganger said and I think for the most part, what he said was correct. However I have, whatever I have in my hand, a article that came out this morning from The Florida Center of Investigating Reporting. I just want to read you two quick sections. Number one, in this supposedly RICO suit the Town's star witness is a fellow named Joel Chandler as you all know. And Mr. Chandler supposedly filed 200 records requests. And, his statement here is ... the record requests he filed were none the less lawful. Meaning they were in accordance with the law. I also point out Barbara Peterson, for those of you who don't know Barbara Peterson, Barbara is the head of the First Amendment Foundation in Tallahassee. Barbara Peterson was quoted as saying.... Barbara Peterson, President of the Tallahassee based First Amendment Foundation and the FCIR Board Member thinks the proposed legislation limits access too severely. In other words that they are too severe. I don't know a lot about politics but what I do know is when you have a First Amendment Foundation on this side and the legislature on the other side there is usually a compromise or one falls. So, I wouldn't get too confidant on your position as it applies to the public records act. And, I just want to say, it cuts both ways. I agree with you there is some abuse out there, I see it myself. And when you see abuse it's usually from a charlatan. But then again you see the abuse 23 Town Commission Regular Meeting & Public Hearing 1 -9 -15 from the other side, which is usually from a Thrasher. So, think about it, comes from both sides and I think if we ever get one of these cases to trial, if the Town ever lets us get one to trial then we are going to start getting results. And when we do, someone here is going to be apologizing to the other and I really hope it's not me. Thank you all. Mr. O'Hare asked if he could take advantage of Mayor Morgan's good will since you extended that to Mr. O'Boyle to make a 30 second comment as well. Mayor Morgan said that luckily he is a kind and understanding man and Mr. O'Hare replied that "actually you are" because he knows Robert's Rules of Order and he could boot them right out. Mr. O'Hare said: Mr. Ganger is right and thru records requests I actually read the memorandum from Mr. Randolph to the League of Cities and I agree with a lot of it. Basically what I think might happen is they might pass a law in Tallassee saying the fee shifting is appropriate and if you lose a records request you have to pay the fees of the other attorney. I think that's appropriate. I don't think anybody should file a malicious action in any regard. But, that's got nothing to do with a record request. The fact that I can come here and talk to you with the knowledge I think I have is because of all the records requests I make. I found out so much stuff and some I think helped the Town. The issue is, I just got a response to a request I made 13 months ago. That's just unacceptable. I know Rita, Ms. Taylor, has been working Saturdays and Sundays and I think that's also unacceptable on this because if you've got 9 million to spend on RICO, certainly you could put somebody in there to answer record requests more quickly. I don't think the problem lies with all these phantoms making the mal requests but rather with the inadequacy or you to respond to legitimate requests for records. Thank you. Mayor Morgan asked if there were any comments from the Commissioners and there were none. X. Adjournment. Meeting was adjourned by the Mayor at 10:35 A.M. C�arVitVal�i.�� Recording Secy. 24 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail February 9, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS # 2063 (Cole, Scott & Kissane, P.A.) (1) Any communication between the Town and anyone at Cole, Scott & Kissane, P.A. other than their Nov 10, 2015 letter to the Town. (2) Any record wholly or partially regarding Cole, Scott & Kissane, P.A. created since Jan 12015. Dear Chris O'Hare [mail to: chrisohareeulfstream(a),gmail.coml, The Town of Gulf Stream has received your original record request dated November 22, 2015. Your original public records request can be found at the following link htto://www2.eulf- stream.org/weblink/O/doc/73174/Pa eg 1_aWxx. Please refer to the referenced number above with any future correspondence. You will find responsive documents at the same above link. You will also find that the video links are also responsive: httos://www.youtube.com/watch?v=un5JBN11008 and https://www.youtube.com/watch?v=exWFYCCCI-I. We consider this closed. Respectfully, Town Clerk, Custodian of the Records