HomeMy Public PortalAboutPRR 16-2106From: Veulent Fiche [mailto:veulentfiche@gmail.com]
Sent: Thursday, February 18, 2016 7:31 AM
To: Rita Taylor <RTaylor@gulf-stream.org>; rsweetapple@sweetapplelaw.com
Subject: Town Clerk, Town of Gulf Stream, Attn. Ms. Taylor
Below please find a document that was originally sent on Friday, February 12. This is a copy of an email
containing a public record request and below that is subsequent notification that the recipient emails
addresses rtavlor(a)oulf-stream.org and smoroan(a_gulf-stream.oro may have rejected the email as spam.
Please examine the email and respond appropriately. I request you respond to
archiverecordbuilder cDgmail.com. Please note the records requested to be inspected which are
described below include the original record held in the hands of Mr. Sweetapple at the February 12th Gulf
Stream commission meeting.
Thanks
Cercatore della
Verita <archiverecordbuilder(a)email.com>
rtavlor(a�o ulf-strea m.o ro
s m o ra a n (a) o u If-stre a m. o ra,
scottmo rcan76(n)o ma i l.com,
Sandy Brandt <gscatinsec(oiomall.com>,
Beau Delafield
<bea udel afi1eldCdiomai I. com>,
I a lexa nder(a) ionesfoster.com,
Robert Sweetapple
<rsweeta ooletasweeta o of elaw.co m
gri ch ma nta7 dchma nareer. co m
cla:, Fri, Feb 12, 2016 at 11:48 AM
Subjec, Request to Inspect a Public Record - I.D.
Number 0031
niaile. gmail.com
b';
Public Record Request
Date Request First Made: Feb 12, 2016
Request I.D.Number: 0031
REQUESTEE: Town of Gulf Stream et al. *
REQUESTOR: Cercatore della Verita
REQUESTOR'S CONTACT INFORMATION: Direct all responses and communication to Cercatore della Verita at email
address: archiverecordbuilderta7email.com
RECORD REQUEST: Please provide for my inspection all public records which are:
The written document (both hard copy and digital versions) used by Mr. Sweetapple when he addressed the town
commission at the public hearing held today in town hall. The creation of which was paid for with public money; the
display of which was made to all attendees; the recording of its existence of which was captured on the town's video
camera; and the request to inspect of which was made by multiple members of the public immediately after the conclusion
of Mr. Sweetapple's remarks. I wish to inspect all versions (including draft versions) of this record including but not
limited to the any record in the town's custody; and any record (including draft versions) in the custody of Mr. Sweetapple
and his various entities; and any record (including draft versions) in the custody of Jones, Foster, Johnston & Stubbs
P.A; and any record (including draft versions) in the custody of Richman Greer, P.A.; and any record (including draft
versions) in the custody of the Gulf Stream Civic Association.
ADDITIONAL INFORMATION OF REQUEST:
*Town of Gulf Stream is a term used herein for convenience and expedience. The collective meaning of the term Town of
Gulf Stream includes all of each of the folowing: Town of Gulf Stream, Gulf Stream Civic Association, City of Delray
Beach (as Town Building Department), Jones, Foster, Johnston & Stubbs P.A., Sweetapple Broeker & Varkas P.L.,
Richman Greer, P.A., and others including but not limited to other entities substantially similar to those entities named in
addition to all employees, partners, owners, appointees and elected members of those entities (collectively,
the REQUESTEE).
REQUESTOR seeks to inspect the aforementioned public records as soon as possible and therefore notifies all or most all
of the above referenced known REQUESTEE by copy of this email and asks that theyjointly and severally act to produce
all records responsive to this request.
This request for public records is intended to be made to the Custodian of Public Records or the person having custody of
public records or his or her designee for each and every member of that collective group. If you are not that person then I
ask that you forward this request to that person. If the Custodian of Public Records or the person having custody of public
records designates another person to permit the inspection or copying of public records by fulfilling this request please
provide the identity of the designee as per FS 119.07(1)(b).
I ask that you acknowledge this request promptly and make a good faith effort to respond including making reasonable
efforts to determine from others the existence and location of all responsive records as per 119.07(1)(c).
Refer to FS 119.011(12) for the legislative definition of public records that may be responsive to this request.
I request that records be produced in the original electronic format in which they were created or received if the records
sought in this request are maintained by you in electronic format.
Any costs authorized by statute you expect to incur in the process of fulfilling this request (if any) must be approved by
me in advance of you incurring that cost. No obligation to pay such costs will be agreed to by REQUESTOR
unless written approval to incur that cost is first granted by REQUESTOR.
By providing records to me it will be assumed that you have provided ALL records responsive to my request unless you
indicate that your response is limited to only a partial production of responsive records. By fulfilling this record request,
you acknowledge that the responsive documents you provide are "public records" as defined and described by Florida
Statutes Chapter 119.
Records containing permanently or temporarily exempt information must be carefully redacted so as not to redact any
portion of the record which is not exempt and is therefore subject to disclosure (please refer to (FS 119.011(13) and
119.07(])(d). State the basis for the exemption as per FS 119.07(1)(e). I request that the custodian of public records shall
state in writing and with particularity the reasons for the conclusion that the record is exempt or confidential as per FS
119.07(I)(f).
If you claim a record does not exist, it will be assumed that the record never existed unless you indicate that the record
once existed but no longer exists. In all cases if a record that would otherwise be responsive to this request no longer exists
but once existed, then provide the record of its disposition. The disposition record, as required by FS 119.021(2) and
FS 257.36 must include a retention schedule number, item number, record series title, inclusive dates, volume (if
required), disposition action and date.
Please identify all responses to this request with the Request I.D. Number which is assigned to this request and noted at the
top of this page.
This request is made pursuant to Article 1, Section 24 of the State of Florida Constitution and Florida Statutes Chapter
119. Refer to the entire Florida Statute Chapter 119 for information about all your obligations when responding to this
request. I specifically request you adhere to all provisions of Chapter 119 when responding to this request.
REQUESTOR reserves his rights to inspect public records, granted by the Florida Constitution and Florida State Statutes,
considers those rights to be of utmost importance and is dedicated to defending and protecting those
rights. REQUESTOR herein notices REQUESTEE that, when appropriate, REQUESTOR may petition a court of
competent jurisdiction to enforce those rights and seek reasonable costs of enforcement including reasonable attorney fees
as per FS 119.12.
Feb 12 (6
days ago)
Mail Delivery Subsystem <mailer-daemon(cDgooglemail.com>
to me
Delivery to the following recipient failed permanently
rta vl o rn o u l f -s tre a m. o r
Technical details of permanent failure:
Google tried to deliver your message, but it was rejected by the server for the recipient domain gulf-
stream.om by mail.aulf-stream.ora. [50.244.164.139].
The error that the other server returned was:
550 5.7.1 Message rejected as spam by Content Filtering.
Public Record Request
Date Request First Made: Feb 12, 2016
Request I.D.Number: 0031
-- Message truncated ---
Mail Delivery Subsystem<mailer-daemon(d.)googlemail.com> Feb 12 (6
days ago)
to me
Delivery to the following recipient failed permanently:
smoroa n (aia ulf-stream. oro
Technical details of permanent failure:
Google tried to deliver your message, but it was rejected by the server for the recipient domain gulf-
stream.ora by mail.aulf-stream.org. [50.244.164.139].
The error that the other server returned was:
550 5.7.1 Message rejected as spam by Content Filtering.
Public Record Request
Date Request First Made: Feb 12, 2016
Request I.D.Number: 0031
From: Cercatore della Verita [mailto:archiverecordbuilder@gmail.com)
Sent: Saturday, March 12, 2016 4:56 PM
To: Sam Zeskind <SZeskind@wsh-law.com>; DAbbott@wsh-law.com; Rita Taylor <RTaylor@gulf-
stream.org>; Scott Morgan <SMorgan@gulf-stream.org>; scottmorgan75@gmail.com; Sandy Brandt
<gscafinsec@gmail.com>; Beau Delafield <beaudelafield@gmail.com>; lalexander@jonesfoster.com;
Robert Sweetapple<rsweetapple@sweetapplelaw.com>; grichman@richmangreer.com
Subject: Second Request for this record -Fwd: GS # 2106 (Request I.D.Number: 0031) and follow up
request
Dear Town Clerk, Custodian of the Records,
I disagree with your assertions made to me in your recent email in which you responded
to the above referenced request, which is forwarded herein for your reference.
You state, "There are no responsive records for this request. Mr. Sweetapple's notes
were solely used by Mr. Sweetapple to refresh his memory and is not a public record of
the Town of Gulf Stream." You further state, "communications between outside
counsels are not public records. " I write you now to bring to your attention why I
disagree with your claims and to give you another opportunity to provide this record. To
wit:
• The public records were paid for with taxpayer money.
The records were created at the request of the Town of Gulf Stream.
The records were recognized by the Mayor as a report made by an agency
attorney.
• The records were created in connection with the transaction of official business
as per FS 119.011(12)
• The records were openly displayed in Town Hall during a public meeting.
The records contained information intended to be disseminated to the
Commission, staff and the public.
Additionally, the records are not exempt per FS 119.071.4.(d)l. because while portions
of the records may reflect a mental impression, conclusion, litigation strategy, or legal
theory of the attorney, the records were prepared for presentation to the commission
and public and not prepared exclusively for civil or criminal litigation.
Please refer to the following Florida Statutes as they pertain to the above points.
119.011(12) "Public records" means all documents, papers, letters, maps, books,
tapes, photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection with the
transaction of official business by any agency.
119.0714. (d)1. A public record that was prepared by an agency attorney (including an
attorney employed or retained by the agency or employed or retained by another public
officer or agency to protect or represent the interests of the agency having custody of
the record) or prepared at the attorney's express direction, that reflects a mental
impression, conclusion, litigation strategy, or legal theory of the attorney or the agency,
and that was prepared exclusively for civil or criminal litigation or for adversarial
administrative proceedings, or that was prepared in anticipation of imminent civil or
criminal litigation or imminent adversarial administrative proceedings, is exempt from s.
119.07(1) and s. 24(a), Art. l of the State Constitution until the conclusion of the
litigation or adversarial administrative proceedings. For purposes of capital collateral
litigation as set forth in s. 27.7001, the Attorney General's office is entitled to claim this
exemption for those public records prepared for direct appeal as well as for all capital
collateral litigation after direct appeal until execution of sentence or imposition of a life
sentence.
You further state, "Please allow this response to be responsive for all parties that were
included on the original request." I find this statement curious and request you provide
for my inspection any and all public records of communications between you and
each of the parties that have delegated the responsibility to you to respond on
their behalf. I make this follow up request with the same terms, conditions, references
and admonitions contained in my original request.
Please Direct all responses and communication to Cercatore della Verita at email
address: archiverecordbuilder(a)gmail.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
February 19, 2016
Cercatore della Verita [mail to: archiverecordbuilder@gmail.com]
Re: GS # 2106 (Request I.D.Number: 0031)
The written document (both hard copy and digital versions) used by Mr. Sweetapple when he
addressed the town commission at the public hearing held today in town hall. The creation of
which was paid for with public money; the display of which was made to all attendees; the
recording of its existence of which was captured on the town's video camera; and the request to
inspect of which was made by multiple members of the public immediately after the conclusion of
Mr. Sweetapple's remarks. I wish to inspect all versions (including draft versions) of this record
including but not limited to the any record in the town's custody; and any record (including draft
versions) in the custody of Mr. Sweetapple and his various entities; and any record (including
draft versions) in the custody of Jones, Foster, Johnston & Stubbs P.A; and any record
(including draft versions) in the custody of Richman Greer, P.A.; and any record (including
draft versions) in the custody of the Gulf Stream Civic Association.
Dear Cercatore della Verita [mail to: archiverecordbuilderna,email.coml,
The Town of Gulf Stream has received your original record requests dated February 18, 2016.
Your original public records request can be found at the following link htty://www2.gulf-
stream.org/weblink/0/doc/80638/Pa eg 1_aspx. Please refer to the referenced number above with
any future correspondence.
There are no responsive records for this request. Mr. Sweetapple's notes were solely used by
Mr. Sweetapple to refresh his memory and is not a public record of the Town of Gulf Stream.
Also, communications between outside counsels are not public records of the Town of Gulf
Stream.
Please allow this response to be responsive for all parties that were included on the original
request.
We will consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records
From: Cercatore della Verita [mailto:archiverecordbuilder@gmail.com)
Sent: Saturday, March 12, 2016 4:56 PM
To: Sam Zeskind <SZeskind@wsh-law.com>; DAbbott@wsh-law.com; Rita Taylor <RTaylor@gulf-
stream.org>; Scott Morgan <SMorgan@gulf-stream.org>; scottmorgan75@gmail.com; Sandy Brandt
<gscafinsec@gmail.com>; Beau Delafield <beaudelafield@gmail.com>; lalexander@jonesfoster.com;
Robert Sweetapple<rsweetapple@sweetapplelaw.com>; grichman@richmangreer.com
Subject: Second Request for this record -Fwd: GS # 2106 (Request I.D.Number: 0031) and follow up
request
Dear Town Clerk, Custodian of the Records,
I disagree with your assertions made to me in your recent email in which you responded
to the above referenced request, which is forwarded herein for your reference.
You state, "There are no responsive records for this request. Mr. Sweetapple's notes
were solely used by Mr. Sweetapple to refresh his memory and is not a public record of
the Town of Gulf Stream." You further state, "communications between outside
counsels are not public records. " I write you now to bring to your attention why I
disagree with your claims and to give you another opportunity to provide this record. To
wit:
• The public records were paid for with taxpayer money.
The records were created at the request of the Town of Gulf Stream.
The records were recognized by the Mayor as a report made by an agency
attorney.
• The records were created in connection with the transaction of official business
as per FS 119.011(12)
• The records were openly displayed in Town Hall during a public meeting.
The records contained information intended to be disseminated to the
Commission, staff and the public.
Additionally, the records are not exempt per FS 119.071.4.(d)l. because while portions
of the records may reflect a mental impression, conclusion, litigation strategy, or legal
theory of the attorney, the records were prepared for presentation to the commission
and public and not prepared exclusively for civil or criminal litigation.
Please refer to the following Florida Statutes as they pertain to the above points.
119.011(12) "Public records" means all documents, papers, letters, maps, books,
tapes, photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection with the
transaction of official business by any agency.
119.0714. (d)1. A public record that was prepared by an agency attorney (including an
attorney employed or retained by the agency or employed or retained by another public
officer or agency to protect or represent the interests of the agency having custody of
the record) or prepared at the attorney's express direction, that reflects a mental
impression, conclusion, litigation strategy, or legal theory of the attorney or the agency,
and that was prepared exclusively for civil or criminal litigation or for adversarial
administrative proceedings, or that was prepared in anticipation of imminent civil or
criminal litigation or imminent adversarial administrative proceedings, is exempt from s.
119.07(1) and s. 24(a), Art. l of the State Constitution until the conclusion of the
litigation or adversarial administrative proceedings. For purposes of capital collateral
litigation as set forth in s. 27.7001, the Attorney General's office is entitled to claim this
exemption for those public records prepared for direct appeal as well as for all capital
collateral litigation after direct appeal until execution of sentence or imposition of a life
sentence.
You further state, "Please allow this response to be responsive for all parties that were
included on the original request." I find this statement curious and request you provide
for my inspection any and all public records of communications between you and
each of the parties that have delegated the responsibility to you to respond on
their behalf. I make this follow up request with the same terms, conditions, references
and admonitions contained in my original request.
Please Direct all responses and communication to Cercatore della Verita at email
address: archiverecordbuilder(a)gmail.com
SUPPLEMENTAL
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 16, 2016
Cercatore della Verita [mail to: archiverecordbuilder@gmail.com]
Re: GS # 2106 (Request I.D.Number: 0031)
The written document (both hard copy and digital versions) used by Mr. Sweetapple when he
addressed the town commission at the public hearing held today in town hall. The creation of
which was paid for with public money; the display of which was made to all attendees; the
recording of its existence of which was captured on the town's video camera; and the request to
inspect of which was made by multiple members of the public immediately after the conclusion of
Mr. Sweetapple's remarks. I wish to inspect all versions (including draft versions) of this record
including but not limited to the any record in the town's custody, and any record (including draft
versions) in the custody of Mr. Sweetapple and his various entities; and any record (including
draft versions) in the custody of Jones, Foster, Johnston & Stubbs P.A; and any record (including
draft versions) in the custody of Richman Greer, P.A.; and any record (including draft versions)
in the custody of the Gulf Stream Civic Association.
Dear Cercatore della Verita [mail to: archiverecordbuilder(ia gmail.coml,
The Town of Gulf Stream has received your original record request dated February 18, 2016.
Your original public records request can be found at the following link: htto://www2.eulf-
stream.ore/weblink/O/doc/80638/Paeel.aWx. Please refer to the referenced number above with
any future correspondence.
At the time of your original request, the responsive records were not in the possession of the
Town and were indeed only used as reference for Mr. Sweetapple. The Town is now in
possession of those notes and are available at the following link: httv://www2.gulf-
stream.ore/weblink/0/doc/82760/Pagel.asox.
We consider this closed.
Respectfully,
Town Clerk, Custodian of the Records