HomeMy Public PortalAboutPRR 15-2065From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.comj
Sent: Friday, November 20, 2015 2:10 PM
To: Bill Thrasher <bthrasher@gulf-stream.org>
Subject: Follow up - GS #2043 (Alexander, Watkins allegations) + New Record Request - sunshine
violation
Dear Custodian of Records,
Thank you for responding to my recent record request. Your response is forwarded herein for
your reference.
Regarding request part number 1, I understand from your response that you claim there are no
responsive records of the Town Commission by a maiority vote, or anyone ofcially designated
by the Town Commission to act on their behallf has authorized the entire law firm ofJones.
Foster. Johnston & Stubbs, as an entity, to be the Town Attorney instead of the individual John
C. Randolph.
And
Regarding request part number 4, I understand from your response that you claim there are no
responsive records of Any contract THAT INCLUDES PROVISIONS that anyone or everyone at
Jones. Foster. Johnston & Stubbs is authorized or mandated to complete legal services for the
Town ofGulfStream.
And
Regarding request part numbers 2 and 3, I understand from your response that you claim these
requests insufficiently identify the records I seek; that the requests are vague, ambiguous and
overly broad.
And
You do, not concede the propriety of the request.
And
Despite your determination that request part numbers 2 and 3 insufficiently identify the records
and that the requests are vague, ambiguous and overly broad you none -the -less claim some of the
responsive records to parts 2 and 3 can be found at the link htta://www2.` ugulf-
stream.ore/weblink/0/doc/70190/Pagel .asnx.
Despite
Despite your determination that request part numbers 2 and 3 insufficiently identify the records
and that the requests are vague, ambiguous and overly broad you none -the -less claim that if I pay
you $1,778.03 in advance you will further respond, presumably with more records, to request
part numbers 2 and 3 even though you consider request part numbers 2 and 3 insufficiently
identifies the records I seek.
Perhaps if I clarify request part numbers 2 and 3 by using simpler language you may be able to
less expensively produce the responsive records I seek to inspect. Please consider the simpler
versions of request part numbers 2 and 3 to determine if a revised estimate of their production
costs is appropriate.
(2) Most recently created public record, other than billing records and notices of billing
rate increases, that indicates the entire law firm of Jones, Foster, Johnston & Stubbs is the
Town Attorney.
(3) Most recent public record, other than billing records and notices of billing rate
increases, of a contract between the Town and Jones, Foster, Johnston & Stubbs, that
provides that the entire law firm of Jones, Foster, Johnston & Stubbs is the Town
Attorney.
In addition to these two clarified requests, I wish to call your attention to Attorney General
Pam Bondi's website page:
http://myfloridaIegal.com/pages.nsf/Main/DCOB20B7DC22 B7418525791 B006A54E4. On
that page you will find that the Attorney General writes: Florida s Government -in -the -Sunshine
Law was enacted in 1967.1 also wish to call your attention to the attached pdf copy of the May 8, 1970
Commission Meeting (held three years after enactment of Florida's Government -in -the -Sunshine Law) which
was included in your response. Note specifically the last paragraph which reads: There was discussion as to
the vacancy on the Commission and it was agreed that the Commissioners would discuss the matter
between them -selves prior to the June 12, Commission Meeting. Please provide the record which is the 3
most recent similar Incidents of violation of the Florida Sunshine Act.
I make this request under the same terms and conditions as my original request.
Best regards,
chrisohareeul fstream(aamai Isom
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 24, 2015
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2065 (Follow up - GS #2043 (Alexander, Watkins allegations) + New Record Request
- sunshine violation
(A) (2) Most recently created public record, other than billing records and notices of billing rate
increases, that indicates the entire law firm of Jones, Foster, Johnston & Stubbs is the Town
Attorney.
(B)(3) Most recent public record, other than billing records and notices of billing rate increases,
ofa contract between the Town and Jones, Foster, Johnston & Stubbs, that provides that the entire
law firm of Jones, Foster, Johnston & Stubbs is the Town Attorney.
(C) In addition to these two clarified requests, I wish to call your attention to Attorney General
Pam Bondi's website page:
http://myfloridalegaLcomlpages.nsfIMain/DCOB20B7DC22B7418525791B006A54E4. On that
page you will find that the Attorney General writes: Florida's Government -in -the -Sunshine Law
was enacted in 1967. I also wish to call your attention to the attached pdf copy of the May 8, 1970
Commission Meeting (held three years after enactment of Florida's Government -in -the -Sunshine
Law) which was inchrded in your response. Note specifically the last paragraph which reads:
There was discussion as to the vacancy on the Commission and it was agreed that the
Commissioners would discuss the matter between them -selves prior to the June 12, Commission
Meeting. Please provide the record which is the 3 most recent similar incidents of violation of the
Florida Sunshine Act.
Dear Chris O'Hare [mail to: chrisohareeulfstream(i ,gmail.coml,
The Town of Gulf Stream has received your public records requests dated November 20, 2015.
The original public record request can be found at the following link: htti)://www2.eulf-
stream.org/weblink/0/doc/73275/Paeel.aVxx. 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
Sweetapple, Broeker & Varkas
Previous Balance
Current Charges
New Balance
Adjustments
Payments
Now Due
20 SE 3rd Street
Boca Raton, F133432
Phone: 561-392-1230 1 Fax: 561-394-6102
Account Statement
Prepared for Town of Gulf Stream
Re: O'Boyle: O'Hare. 1679
$0.00
$12,225.55
$12,225.55
$0.00
$(11,153.45)
$12,225.55
TOWN OF GULF ETRE
PAYMENT APPROVED®
/l) 03,5. 55
heck # 13040
Sweetapple, Broeker & Varkas
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Attorney's Fees
20 SE 3rd Street
Boca Raton, F133432
Phone: 561-392-1230 1 Fax: 561-394-6102
INVOICE
Invoice Date: September 25, 2015
Invoice Number: 10111
Invoice Amount: $12,225.55
Matter: O'Boyle: O'Hare.1679
8/26/2015 Review affidavit and filings. Meet with Dave re R.S. .75 $262.50
pleadings and memo. Conference client.
8/26/2015 Multiple conferences with R. Sweetapple regarding D.P.V. .50 $100.00
case status and new claims based on recent 4th DCA
case.
8/26/2015
Review multiple filings.
R.S.
.40
$140.00
8/27/2015
Conferences re special set hearings. Revise motions
R.S.
.40
$140.00
letters and subpoena.
8/28/2015
Travel and attend calendar call and conference
R.S.
2.00
$700.00
opposing counsel. Preparation for hearing.
8/30/2015
Review all filings and emails and respond.
R.S.
.50
$175.00
8/31/2015
Review all Orders and filings. Respond.
R.S.
.40
$140.00
9/1/2015
Conferences with client and counsel.
R.S.
.50
$175.00
9/1/2015
Conference Jones Foster lawyers and Scott. Meeting
R.S.
2.00
$700.00
re MO protective orders, scheduling conference and
SJ hearing prep.
9/1/2015
Multiple conference calls.
D.P.V.
1.00
$200.00
9/2/2015
Review orders and emails and motions. Conference
R.S.
.75
$262.50
9/3/2015
Review motion for SJ. Begin prep and assemble
R.S.
1.50
$525.00
hearing binder for Judge of all materials re MO.
9/8/2015
Conference Joanne re request and Depo. Review
R.S.
.40
$140.00
emails and respond.
9/9/2015
Internal search for records responsive to new PRR.
D.P.V.
.50
$100.00
9/9/2015
Various Westlaw research per R. Sweetapple
D.P.V.
2.80
$560.00
request. Summarize and discuss.
" 9 / 9 / 2 0 1 5
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D . P . V . 4 . 1 0 $ 8 2 0 . 0 0
m o t i o n . L e g a l r e s e a r c h r e l a t e d t o s a m e . R e v i e w
o t h e r m o t i o n s a n d c o r r e s p o n d e n c e p e r R .
S w e e t a p p l e a n d d r a f t m e m o r e l a t e d t o s a m e .
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R . S . 2 . 2 0 $ 7 7 0 . 0 0
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M O . F i n a l i z e p a c k a g e f o r J u d g e a n d h e a r i n g p r e p .
M e e t i n g D a v e r e S J r e s p o n s e m e m o . C o n f e r e n c e
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a n n o t a t e d .
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R . S . 1 . 7 5 $ 6 1 2 . 5 0
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s e t t l e m e n t o p t i o n s a n d s t r a t e g y .
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C o n f e r e n c e s r e s e t t l e m e n t . R e v i e w j o i n d e r s t o S J
R . S . 1 . 2 5 $ 4 3 7 . 5 0
a n d w o r k o n r e s p o n s e s . C a l l s t o M i t c h a n d H a n n a .
P r e p f o r c a s e r e v i e w m e e t i n g w i t h c l i e n t .
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R . S . 1 . 5 0 $ 5 2 5 . 0 0
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9 / 2 5 / 2 0 1 5
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R . S . 4 . 2 5 $ 1 , 4 8 7 . 5 0
Scott and Joanne re RAS settlement letter draft.
Conferences with BERGER. Meeting with Dave.
Memo prep and special set hearing prep.
9/25/2015 #4474. Work on file in preparation for next week's D.P.V. 1.00 $200.00
hearing.
SUBTOTAL: 41.60 $12,070.00
Costs
8/31/2015 Photocopies August 2015 $153.75
8/31/2015 Postage August 2015 $1.80
SUBTOTAL: $155.55
Matter Ledgers
8/25/2015
Balance before last invoice
$0.00
8/25/2015
Invoice 10105
$11,153.45
8/31/2015
Check No. 13189
$(11,153.4
5)
9/25/2015
Invoice 10111
$12,225.55
SUBTOTAL:
$12,225.55
TOTAL $12,225.55
PREVIOUS BALANCE DUE $0.00
CURRENT BALANCE DUE AND OWING $12,225.55
Sweetapple, Broeker & Varkas
20 SE 3rd Street
Boca Raton, F133432
Phone: 561-392-1230 1 Fax: 561-394-6102
Account Statement
Prepared for Town of Gulf Stream
Re: O'Hare v Town of Gulf Stream -17717
Previous Balance
$0.00
Current Charges
$720.00
New Balance
$720.00
Adjustments $0.00
Payments $(2,070.00)
Now Due $720.00
UWN OF GULF STREAM
®PAYMENT APPROVED
wnt py
VU
.j
Sweetapple, Broeker & Varkas
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Attorney's Fees
20 SE 3rd Street
Boca Raton, F133432
Phone: 561-392-1230 1 Fax: 561-394-6102
INVOICE
Invoice Date: September 25, 2015
Invoice Number: 10112
Invoice Amount: $720.00
Matter: O'Hare v Town of Gulf Stream -17717
9/4/2015 Conference Joanne re rulings and mediation and SJ R.S. 1.20 $720.00
motions. Prep letters for her review. Review file re
all pending issues and prep required for special set.
SUBTOTAL: 1.20 $720.00
Costs
SUBTOTAL:
Matter Ledgers
8/25/2015
Balance before last invoice
8/25/2015
Invoice 10106
8/31/2015
Check No. 13189
9/25/2015
Invoice 10112
SUBTOTAL:
$0.00
$0.00
$2,070.00
$(2,070.00)
$720.00
$720.00
TOTAL $720.00
PREVIOUS BALANCE DUE $0.00
CURRENT BALANCE DUE AND OWING $720.00
13276
'OWN OF GULF STREAM OPERATING ACCOUNT
10/1/2015
To SWFP TAPPLF, BROFKFR & VARKAS. P.I..
20 S.F. 3rd STREET
BOC'A RATON, FL 33432
TOWN OF GULF STREAM SUNTRUST BANK
OPERATING ACCOUNT 63-215/631
100 SEA ROAD
GULF STREAM, FL 33483-7427
(561) 276-5116
00949
PAY "Twelve thousand nine hundred fortv five and 55/100 Dollars"
TO THE
ORDER
OF
SWEETAPPLE, BROEKER & VARKAS, P.L.
20 S.E. 3rd STREET
BOCA RATON, FL 33432
AUTHORIZED SIGNATURE
11.01327611'
®Shield
CHECK DATE
13276
CHECK NO.
10/1/2015 13276
m
CHECK AMOUNT g
S
$" 12,945.55 8
v
V
LL
NP ?
II
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
April 1, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS # 2065 (Follow up - GS #2043 (Alexander, Watkins allegations) + New Record
Request - sunshine violation)
(A) (2) Most recently created public record, other than billing records and notices of billing rate
increases, that indicates the entire law firm of Jones, Foster, Johnston & Stubbs is the Town
Attorney.
(B)(3) Most recent public record, other than billing records and notices of billing rate increases,
ofa contract between the Town and Jones, Foster, Johnston & Stubbs, that provides that the entire
law firm of Jones, Foster, Johnston & Stubbs is the Town Attorney.
(C) In addition to these two clarified requests, I wish to call your attention to Attorney General
Pam Bondi's website page:
http://myfloridalegal.comlpages.nsf/Main/DCOB20B7DC22B7418525791B006A54E4. On that
page you will find that the Attorney General writes: Florida's Government -in -the -Sunshine Law
was enacted in 1967. I also wish to call your attention to the attached pdf copy of the May 8, 1970
Commission Meeting (held three years after enactment of Florida's Government -in -the -Sunshine
Law) which was included in your response. Note specifically the last paragraph which reads:
There was discussion as to the vacancy on the Commission and it was agreed that the
Commissioners would discuss the matter between them -selves prior to the June 11, Commission
Meeting. Please provide the record which is the 3 most recent similar incidents of violation of the
Florida Sunshine Act.
Dear Chris O'Hare [mail to: chrisoharegulfstream6ilgmail.coml,
The Town of Gulf Stream has received your original record request dated November 20, 2015.
Your original public records request can be found at the following link: http://www2.gulf-
stream.org/weblink/0/docZ73275/Pagel.aspx. Please refer to the referenced number above with
any future correspondence.
In response to parts 133 and C of your request, no such records exist.
In response to part A2 of your request, the Town disputes that you have identified those portions
of the public records that you seek with sufficient specificity to permit the Town's records
custodian to identify the records as is required under the Public Records Act. Your request is vague,
ambiguous and overly broad. Without conceding the propriety of your request, the Town responds
that public records responsive to part 2 of your request include the Town meeting minutes dated
5/12/72, 2/19/73, 1/10/75, 5/9/75 and 6/13/75 and the correspondences dated 7/29/69 and 1/15/71,
which are available at the same above link.
The Town believes that there may be additional records requests made to it or its records custodians
that would be responsive to parts A2 of your request. However, to review Town records going
back to the 1970s to determine whether there are any other records responsive to your request and
produce those records will require extensive clerical or supervisory assistance. The Town estimates
that it will require at least 8 hours of administrative support at $40.51 per hour, 4 hours of
administrative support from the office of Jones, Foster, Johnston & Stubbs, P.A. at $50.00 per hour
and 4 hours of attorney time by an attorney at Jones, Foster, Johnston & Stubbs, P.A. at $235.00
per hours, the labor costs of the personnel providing the service, per Fla. Stat. § 119.07(4)(d).
In light of the foregoing estimates of the extensive clerical or supervisory assistance required to
fulfill your records request, before producing documents, the Town will therefore require a deposit
from you calculated as follows%
(8 hours @ 40.51 = 648.16) — (.25 hours @ 40.51 = 10.13) + (4 hours @ 50.00 = $200) + (4
hours @ 235 = 940) = Deposit Due: $1,778.03 in cash or check.
If the costs of producing these documents will exceed your deposit, the Town will provide you
with an initial production of responsive records and an estimate for the production of any additional
responsive records. If the costs of production are less than the deposit, the Town will provide you
with the responsive records and a refund.
Upon receipt of your deposit, the Town will use its very best efforts to further respond to your
public records request in a reasonable amount of time.
Respectfully,
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
April 29, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS # 2065(Follow up - GS #2043 (Alexander, Watkins allegations) +New Record Request
- sunshine violation)
(A) (2) Most recently created public record, other than billing records and notices of billing rate
increases, that indicates the entire law firm of Jones, Foster, Johnston & Stubbs is the Town
Attorney.
(B)(3) Most recent public record, other than billing records and notices of billing rate increases,
ofa contract between the Town and Jones, Foster, Johnston & Stubbs, that provides that the entire
lawfirm of Jones, Foster, Johnston & Stubbs is the Town Attorney.
(C) In addition to these two clarified requests, I wish to call your attention to Attorney General
Pam Bondi's website page:
http://myfloridalegal.comlpages.nsfIMain/DCOB20B7DC22B7418525791B006A54E4. On that
page you will find that the Attorney General writes: Florida's Government -in -the -Sunshine Law
was enacted in 1967. I also wish to call your attention to the attached pdf copy of the May 8, 1970
Commission Meeting (held three years after enactment of Florida's Government -in -the -Sunshine
Law) which was included in your response. Note specifically the last paragraph which reads:
There was discussion as to the vacancy on the Commission and it was agreed that the
Commissioners would discuss the matter between them -selves prior to the June 12, Commission
Meeting. Please provide the record which is the 3 most recent similar incidents of violation of the
Florida Sunshine Act.
Dear Chris O'Hare [mail to: chrisohareeulfstreamaa.email.coml,
The Town of Gulf Stream has received your original record requests dated November 20, 2015.
Your original public records request can be found at the following link: http://www2.gulf-
stream.ore/weblink/0/doc/73275/Pasel.aWx. Please refer to the referenced number above with
any future correspondence.
In response to parts 133 and C of your request, there are no such records that exist. In response to
part A2 of your request, the responsive records can be found at the same above link.
We consider this closed.
Respectfully,
Town Clerk, Custodian of the Records