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HomeMy Public PortalAboutPRR 16-2105RECORDS REQUEST (the "Request") Date of Request: 2/11/16 Requestor's Request ID#: 1191 REQUESTEE: Custodian of Records Sweetaoole. Broeker & Varkas Custodian of Records Jones, Foster. Johnston & Stubbs: Custodian of Records Town of Gulf Stream: and Custodian of Records Richman Greer, P.A. REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at records(ir commerce-group.com; Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Please provide all records that demonstrate that John Randolph was and is the Town Attorney for the Town of Gulf Stream: (2) that Robert Sweetapple was and is an attorney for the Town of Gulf Stream: and (3) that Gerald Richman was and is an attorney for the Town of Gulf Stream. The above Requests are made for the period of January 1 2013 through the date of this Request except as to Mr. Richman the Request is made beginning January 1, 2015 through the date of this Request. If it would be helpful to the Requestees the Requestees are encouraged to produce records prior to January 1, 2013. ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDASTATUTES 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 4119.01(2)(F). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REOUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER NOTE IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALSO PLEASE TAKE NOTE OF §I19.07(I)(H) OF THE FLORIDA STATUTES. WHICH PROVIDES THAT "IF A CIVIL ACTION IS INSTITUTED WITHIN TI IE 30 -DAY PERIOD TO ENFORCE TI IE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OFA COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES." ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It Will be required that the Requestor approve of any costs, asserted by the Agency (as defined In Florida Statute, Chapter 119.01 (Definitions)), in advance of any casts Imposed to the Requester by the Agency. "BY FULFILLING THIS RECORDS REQUEST,THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". I/P/NP/FLRR - 07.282015 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail February 24, 2016 Martin E. O'Boyle [mail to: records@commerce-group.coml Re: GS # 2105 (1191) Please provide all records that demonstrate that John Randolph was and is the Town Attorney for the Town of Gulf Stream; (2) that Robert Sweetapple was and is an attorney for the Town of Gulf Stream; and (3) that Gerald Richman was and is an attorney for the Town of Gulf Stream. The above requests are made for the period ofJanuuary 1, 2013 through the date of this request, except as to Mr. Richman the request is made beginning January 1, 2015 through the date of this request. If it would be helpful to the requestees, the requestees are encouraged to produce records prior to January 1, 2013. Dear Martin E. O'Boyle [mail to: records(acommerce-eroun.coml, The Town of Gulf Stream has received your original record request dated February 12, 2016, which was directed to the Custodians of Records of the Town and its outside counsel at Sweetapple, Broeker & Varkas PL, Jones Foster Johnston & Stubbs PA and Richman Greer PA. This correspondence responds to your request on behalf of the Town and its outside counsel. Your original public records request can be found at the following link httv://www2.aulf- stream.ore/weblink/0/doc/80639/Pa eg 1_aspx. Please refer to the referenced number above with any future correspondence. With regard to your fust request, please be advised that there are no responsive records "that demonstrate that John Randolph was and is the Town Attorney for the Town of Gulf Stream." With regard to request number 2 regarding Robert Sweetapple, please find as a partial response to your request, the letter by which Mr. Sweetapple accepted co -representation of the Town at httv://www2.gulf-stream.ore/weblink/O/doc/6696/Pagel.asnx and the minutes of the Town Commission's March 28, 2014 meeting at ham://www2.uulf- stream.ora/weblink/0/doc/5978/Pagel.asRx. With regard to request number 3 regarding Gerald Richman, please find as a partial response to your request, the Town's Partial Contingent Fee Agreement with Richman Greer P.A. at ho://www2.gulf-stream.org/weblink/O/doc/28917/Pagel.asrx as well as the minutes of the Town Commission's October 10, 2014 meeting at htti)://www2.gulf- stream.org/weblink/O/doc/28919/Pagel.asi)x. The Town further responds that your requests for "all records that demonstrate that' Robert Sweetapple and Gerald Richman were and are attorneys for the Town of Gulf Stream fail to sufficiently specify the records you seek. Records ranging from invoices to deposition transcripts to any and all correspondence between these attorneys and the Town or opposing counsel in pending litigation are arguably responsive. If the latter are the records that you seek, please advise and we will provide an estimate for the special service fees associated with producing these records. Respectfully, Town Clerk, Custodian of the Records From: Marty O'Boyle [mailto:moboyle@commerce-group.com] Sent: Tuesday, March 1, 2016 2:31 PM To: Rita Taylor <RTaylor@gulf-stream.org> Subject: Martin O'Boyle — Records Request #1191 Dear Madam Clerk: This will acknowledge receipt of an E -Mail from Bill Thrasher of Wednesday, February 24, 2016 @ 1:57 p.m. regarding the caption, together with a letter of even date from the Custodian of Records. Your letter referred to four documents. Your letter along with the four responsive documents is attached for convenience. In your letter titled GS#2105 (1191).pdf, you state the following regarding the first request in Request #1191: "With regard to your first request, please be advised that there are no responsive records "that demonstrate that John Randolph was and is the Town Attorney for the Town of Gulf Stream"." It appears to me that certain of the responsive documents are indeed records that demonstrate that Mr. Randolph was and is the Town Attorney for the Town of Gulf Stream. Now, realizing that this Request could go back a significant amount of time, let me narrow the Request as follows: 1. Provide copies of the first page of all Minutes for the Regular and Special Meetings of the Town of Gulf Stream Commission from January 1, 2013 to March 1, 2016. 2. Provide copies of all checks payable to John Randolph (or any deviation of the name John Randolph, such as John C. Randolph, J. Randolph, J. R. Randolph, John "Skip" Randolph, etc.). I look forward to your prompt a courteous reply. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561213 3486 E-mail: moboyleRcommerce-group.com Web Page: www.commerce-group.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 4, 2016 Martin E. O'Boyle [mail to: records@commerce-group.com] Re: GS # 2105 (1191) (1) Please provide all records that demonstrate that John Randolph was and is the Town Attorney for the Town of Gulf Stream; (2) that Robert Sweetapple was and is an attorney for the Town of Gu f Stream; and (3) that Gerald Richman was and is an attorney for the Town of Gulf Stream. The above requests are made for the period of January 1, 2013 through the date of this request, except as to Mr. Richman the request is made beginning January 1, 2015 through the date of this request. If it would be helpful to the requestees, the requestees are encouraged to produce records prior to January 1, 2013. (amended 311116 - (1) Provide copies of the first page of all Minutes for the Regular and Special Meetings of the Town of Gulf Stream Commission from January 1, 2013 to March 1, 2016. (2) Provide copies of all checks payable to John Randolph (or any deviation of the name John Randolph, such as John C. Randolph, J. Randolph, J. R. Randolph, John "Skip " Randolph, etc.)). Dear Martin E. O'Boyle [mail to: recordsna.commerce-gmup.com], The Town of Gulf Stream has received your original record request dated February 12, 2016 and your amended request on March 1, 2016. Your original and amended public records request can be found at the following link: hn://www2.gulf-stream.org/weblink/O/doc/80639/Pa eg 1_aWxx. Please refer to the referenced number above with any future correspondence. The responsive records for part 1 of your request can be found by going to www.eulf-stream.org, click on "Find a Town Record", click on "Town Clerk", click on "Minutes", click on "Town Commission", click on whichever year you desire and you can find the minutes to all regular and special meetings held during that year. The only set of minutes that are not located there are the most recent minutes of February 12, 2016, that are due to be approved at the upcoming meeting on March 11, 2016. Those can be found at the link for our agenda which is: httn://www2.¢ulf- stream.org/weblink/0/doc/81827/Pagel.ast)x. For part 2 of your request, there are no responsive records. We consider this closed. Respectfully, Town Clerk, Custodian of the Records